The Department of State recently announced stricter rules for visa interviews that will significantly impact both immigrant and nonimmigrant visa applications. Prior to this announcement, any U.S. consulate was able to issue visas to foreign nationals. With limited exception, this allowed foreign nationals seeking a visa to attend interviews at the consulate of their choice, often referred to as third-country national processing. Third-country processing allowed for greater convenience and in some cases, faster appointments. The new rules effectively end third-country processing.

Accordingly, the new rules say: (1) Effective September 6, 2025, all nonimmigrant applicants must schedule interviews at the U.S. embassy or consulate in their country of nationality or residence. (2) Effective November 1, 2025, immigrant visa applicants must schedule interviews in the consular district serving their place of residence or in their country of nationality if requested.

Historically, third-country processing allowed for greater flexibility in obtaining a visa because it allowed foreign nationals to book appointments at consulates with the shortest wait period and/or closer to the United States. Now, foreign nationals seeking both immigrant and nonimmigrant visas will have fewer options to obtain them.

For those seeking to renew visas, these individuals may confront new challenges. Under the prior rules, foreign nationals working in the United States on nonimmigrant visas were able to travel to nearby consulates to renew visa stamps. Now, foreign nationals will have to return to their home country before reentering the United States. For their employers, this means potentially having to delay start times for employees needing to obtain a new or renewed visa stamp to enter the United States. Beneficiaries from India and China, where wait times have been high, should plan accordingly.

For those seeking an immigrant visa, increased wait times could delay their abilities to obtain green cards and enter the United States, thus delaying their ability to reunite with family members.

For employers, it is essential to work closely with foreign employees to ensure these delays are accounted for when planning start dates. Employers should also keep a close eye on appointments and wait times and schedule accordingly. For first-time H-1B cap visas, employers should also take advantage of premium processing to give themselves the maximum amount of time between approval and the visa appointment to help prevent prolonged delays in start times. Moreover, visa applicants should be made aware of these delays early and work with their employer and immigration counsel to plan accordingly. Employees without a valid H-1B visa stamp should be extra cautious before traveling internationally to avoid a prolonged trip abroad.