New U.S. Rule for Nonimmigrant Visa Applicants: Where You Must Apply Starting September 2025

If you’re applying for a nonimmigrant visa to the U.S., a recent change from the Department of State may affect where you need to schedule your interview. As of September 6, 2025, applicants are generally required to book their nonimmigrant visa interview at a U.S. Embassy or Consulate in their country of nationality or residence, unless there is a special exception.

This is a big shift from previous practice, where many people could apply in a third country (not their home or where they live) often because of shorter wait times or travel plans. If you’re planning to apply, this blog will walk you through what’s changed, what you should do, and how AYRA Immigration Law, located in Los Angeles, California, can support you through it.

 

Here are the key points of the new guidance: Travel.gov

  • The rule is effective immediately (September 6, 2025). 

  • Applicants must schedule their visa interview in the U.S. Embassy or Consulate of their country of nationality or where they reside

  • If your country does not have routine nonimmigrant visa operations, you’ll be assigned a designated embassy or consulate

  • You need to show proof that you live in that country if you are applying based on residence.

  • If you try applying in a third country (neither your country of nationality nor residence), expect likely longer wait times and potential denials.

  • Fees paid for interviews in a country outside your nationality or residence are non‑refundable and non‑transferable.

  • Existing interview appointments booked under old practice will generally not be cancelled.

  • There are exceptions. Diplomatic, official, and certain special visa categories are not subject to this rule. Also humanitarian, medical emergency, or foreign policy reasons may allow an exception. 

 

This change affects many visa‑applicants, including those applying for student visas (F‑1, J‑1), work visas (H‑1B, L, etc.), visitors, exchange visitors, and others in the nonimmigrant class. If you planned to apply in a third country because of shorter wait times or convenience, those options are now much more limited.

Why It Matters

  • Planning Interviews — If you were going to apply in a country other than where you live or hold citizenship, you’ll need to rethink. May have travel, cost, or logistical consequences.

  • Document Prep — You’ll need proof of your residence where required.

  • Financial Risk — Since fees are not refundable, mis‑scheduling could cost time and money.

Here are steps you can take to avoid problems:

  1. Check which U.S. Embassy or Consulate you must use. If your country doesn’t have routine visa services, find out the designated post for your application. Travel.gov

  2. Gather documents that show you live in the country where you will apply.

  3. Look up wait times at your country’s U.S. consular post. If they are very long, plan ahead.

  4. If there are circumstances that might qualify for an exception (medical, emergency, diplomatic), think whether you can document those early.

  5. Before traveling or making other plans based on the visa, verify the latest information on the embassy’s or consulate’s website. Policies sometimes vary in practice.

 

How We Can Help

At AYRA Immigration Law, located in Los Angeles, California we assist clients with visa planning and documentation. If you:

  • are unsure whether you meet the residency requirement

  • need assistance with the application and scheduling of appointment

  • need help compiling proof of residence

  • want to understand whether an exception may apply in your case

  • already have an appointment booked abroad and want to determine whether you should change it

We can review your situation, help you gather the right documents, and guide you to the best consulate or embassy to avoid delays.

 

Conclusion

In short, the State Department’s new rule means fewer options for choosing where to do your nonimmigrant visa interview. Many people must now apply in their home country or where they live. If you don’t plan carefully, you risk delays, rejection, or financial loss.

If you have questions about this rule, or need help navigating your visa interview, reach out to our office. We work with people just like you and would be glad to offer guidance.

 

info@ayralaw.com

424-305-1910

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