Employers with workers on employment-based visas, such as H-1B and L-1, could face workforce disruptions after the Department of State (DOS) announced that Non-Immigrant Visa (NIV) applicants should schedule visa interview appointments in their own country of nationality or residence, with limited exceptions, effective Sept. 6, 2025.
If an NIV applicant’s application is based on their residency, they must be able to demonstrate residency in that country.
In addition, the DOS guidance lists designated embassies and consulates where nationals can apply if no U.S. consular posts in their own country of nationality or residence conduct NIV operations.
With this updated guidance, DOS has effectively curtailed NIV applicants’ common practice of scheduling their visa appointments in a “third country” — that is, a country of which they are neither a national nor a resident. This practice accommodated many applicants who found it cumbersome to travel back to their home country due to conflicts in travel schedules, distance, or other reasons.
DOS noted that existing visa appointments will “generally” not be canceled. It cautioned that applicants who still choose to apply outside their country of nationality or residence will likely experience longer wait times for an appointment.
Applicants should check embassy and consulate websites for detailed information about visa application requirements and procedures and operating status and services.
Jackson Lewis attorneys will continue to monitor the situation and provide updates.