State Department Ends Third-Country Visa Appointments for Nonimmigrant Visa Applicants
On September 6, the State Department announced a major change: nonimmigrant visa applicants, including O-1 and H-1B holders, must now schedule their visa interviews in their country of nationality or residence. For many, this ends the pandemic-era workaround of booking faster appointments in third countries like Japan, Singapore, Canada, or Mexico.
For individuals who rely on flexibility in travel and consular processing, this change can create new hurdles.
What the State Department announced
According to new guidance from the State Department, visa applicants must now schedule interviews in their home country or country of residence. For nationals of countries without U.S. consulates, such as Afghanistan, Belarus, or Venezuela, the government has designated specific consulates abroad to handle their cases.
| ➡️ What is a Country of Residence? If you have permanent residency, live, work, or study (or have permanent residency) in another country outside of your country of citizenship, that country would be considered your Country of Residence. For example, if you are a Mexican national living in Paraguay pursuant to a work visa, an argument can be made that your country of residence is Paraguay. |
The policy also makes clear that application fees will remain non-refundable and non-transferable. Applicants who try to book in a third country risk losing their fees entirely.
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Implications for nonimmigrant visa applicants
The impact of the State Department’s updated guidance will look different depending on your situation. Some people already have appointments booked, others are currently in the U.S. but planning travel, and many are abroad waiting to renew. Here’s what the new rule means in each case.
If you have already booked in a third country
Your appointment is still valid—don’t cancel it, and don’t miss it. The State Department update confirms that “generally,” existing appointments in third countries will not be canceled.
If you’re currently in the U.S. and need a new visa stamp
Your legal status in the U.S. comes from your I-94, not the visa stamp in your passport. As long as your I-94 is valid, you can live and work legally even if your visa has expired.
But the visa stamp matters the moment you travel internationally. To return to the U.S., you need a valid visa. If yours has expired, you must renew it at your home-country consulate (or designated post).
Bottom line: If your visa is expiring soon and you plan to travel, book an appointment as early as possible—wait times are already long, especially in India, and are likely to grow.
If you’re abroad and waiting to renew your visa
You’ll now need to complete your appointment at your home-country post (or designated consulate). Third-country applications are unlikely to succeed unless you have lawful residence there, and consulates may refuse to process your case.
Because fees are non-refundable, applying in the wrong place can mean lost time and money. If you are stuck abroad, monitor your home post’s appointment system closely, explore expedited requests if you qualify, and work with an experienced immigration attorney who can guide you through your options.
How can an immigration attorney help with consular processing?
Consular processing isn’t just paperwork. The Department of State has its own rules, its own priorities, and its own way of assessing applicants. USCIS may approve your petition, but a consular officer can still refuse you a visa if you don’t clear their intent or admissibility checks. That’s why at Manifest Law, we treat consular processing as a distinct part of the immigration journey—one that requires careful preparation and an understanding of how individual consulates really work.
When you work with an immigration attorney experienced in consular processing, they can help you:
- Secure an appointment: Each U.S. consulate can use a wide array of systems (e.g. AIS, Usvisaschedulingnow). Some release appointments on fixed days, others sporadically. Attorneys who have years of experience with specific consulates can help you strategize on how to potentially find openings and avoid missed opportunities.
- Interview preparation: Approval from USCIS doesn’t guarantee a visa. Consular officers often ask probing questions about your intent, background, and admissibility. An immigration attorney who’s worked with thousands of clients has unique insight on what questions DOS officers will ask, and how you can prepare.
- Manage delays and consular quirks: Every U.S. consulate is different. Wait times can stretch for months, documents may be reviewed differently, and some consulates are stricter than others. An attorney who has a deep understanding of consular processing can help you anticipate issues, minimize delays, and create backup strategies if your case stalls.
Navigate consular processing with confidence
The State Department’s update doesn’t change visa eligibility, but it does narrow the path to obtaining or renewing a visa. For professionals on work visas like O-1s and H-1Bs, this means fewer appointment choices, longer waits, and greater reliance on consulates already stretched thin.
At Manifest, we don’t see consular processing as an afterthought. We treat it as a crucial part of the immigration journey—one where preparation, strategy, and post-specific knowledge make the difference between a seamless renewal and months of disruption.
Request a consultation with our experienced immigration attorneys today and get the tools, resources, and support you need to move forward with confidence.
