State Department Restricts Third Country National (TCN) Nonimmigrant Visa Processing
The U.S. State Department has announced a new policy directing most nonimmigrant visa (NIV) applicants to apply in their country of nationality or residence. This change significantly limits the common practice of applying as a third-country national (TCN).
Key Points:
New Restriction: NIV applicants are now generally required to apply in their home country. TCN applications are only permitted in limited circumstances, such as certain diplomatic categories or rare humanitarian/foreign policy exceptions.
Designated Posts: For nationals of countries without NIV-issuing consulates (e.g., Afghanistan, Belarus, Cuba, Iran, Russia, Venezuela, among others), the State Department has issued a list of specific consular posts where they may apply.
Impact on Pending Cases: Existing TCN appointments will “generally” not be cancelled. However, applicants may face longer wait times, heightened scrutiny, additional security checks, or even increased risk of refusal. Application fees are non-transferable and non-refundable.
Employer Considerations: Applicants and employers should anticipate potential delays and disruptions. Scheduling NIV appointments in the country of citizenship or residence is now the safest option and may require more advance planning.
Next Steps:
Employers and applicants with upcoming NIV applications should carefully evaluate their filing strategy in light of this policy and consult with immigration counsel to minimize risk and delay.
