New Rule: Apply for Your U.S. Visa in Your Home Country
On July 15, 2026, the U.S. Department of State updated its instructions for nonimmigrant visa (NIV) applicants: effective immediately, applicants should schedule their visa interview at the U.S. Embassy or Consulate in their country of nationality or residence — not wherever an appointment happens to be available first. For anyone planning to apply for a tourist, student, work, or other temporary visa, this changes where you go and can affect your fees, your wait time, and even your chances. This article explains, in plain language, what the State Department announced.
This is general information about a State Department policy update, not legal advice. You can read the official announcement directly at travel.state.gov.
What the State Department changed
Per the announcement, applicants for U.S. nonimmigrant visas should now schedule their interview appointments at the U.S. Embassy or Consulate in their country of nationality or residence.
There's a practical wrinkle for some applicants: nationals of countries where the U.S. government is not currently conducting routine nonimmigrant visa operations must apply at a designated embassy or consulate — unless their residence is elsewhere. The State Department maintains a list of designated NIV processing posts that tells you where to apply in that situation. (Check the official announcement for that list.)
The four things applicants need to know
The announcement spells out four practical points that can trip people up:
- Residence requirement. If you're applying somewhere based on where you live, you must be able to demonstrate residence in that country. You can't simply pick a convenient consulate and expect to be seen.
- Fees don't transfer or refund. If you schedule an interview outside your country of nationality or residence (or the designated processing post), the State Department warns it "might find that it will be more difficult to qualify for the visa" — and, importantly, fees paid for such applications will not be refunded and cannot be transferred. A wrong-location booking can cost you both the fee and the visa.
- Longer waits outside your home country. Wait times vary by location, and applicants applying outside their country of nationality or residence (or designated post) should expect to wait significantly longer for an appointment.
- Existing appointments generally stand. Existing nonimmigrant visa appointments will generally not be cancelled. In specific cases at specific posts where an appointment is cancelled, the State Department says applicants will be notified.
Who is exempt from this guidance
The announcement lists categories the guidance does not apply to:
- Applicants for A, G, C-2, C-3, and NATO visas;
- Applicants for diplomatic-type or official-type visas (regardless of classification); and
- Applicants for any visa for travel covered by the UN Headquarters Agreement.
The State Department also notes that rare exceptions may be made for humanitarian or medical emergencies or for foreign-policy reasons.
Why this matters for you
For years, some applicants shopped for the earliest available interview slot anywhere in the world — a practice sometimes called "third-country" or "visa-shopping." This update pushes applicants back toward their home country or country of residence, and it attaches real costs to applying elsewhere: a non-refundable, non-transferable fee, a longer wait, and the State Department's own caution that it may be harder to qualify. If you're planning to apply for a nonimmigrant visa, the safest course is to apply where you are a national or resident, confirm you can document that residence, and check the specific embassy or consulate's website for its current operating status and procedures.
Talk to a lawyer about your visa strategy
If you're planning a nonimmigrant visa application — or you're caught in one of the harder situations, like a country without routine operations, a residence-documentation question, or an existing appointment you're unsure about — the specifics of your nationality, residence, and visa category determine the right approach. Getting the location right matters, because a misstep can cost a non-refundable fee and set your case back. Carlos Maury Law is a national firm of former U.S. Immigration Judges. To talk about your situation, call (213) 769-0050. We speak Spanish.
Frequently Asked Questions
Where do I have to apply for a nonimmigrant visa now?
Per the State Department's July 15, 2026 update, you should schedule your interview at the U.S. Embassy or Consulate in your country of nationality or residence. If you're a national of a country where the U.S. isn't running routine NIV operations, you apply at a designated processing post — unless your residence is elsewhere. Check the official list of designated posts.
What if I apply outside my home country anyway?
You may be able to, but the State Department warns it might be harder to qualify, the wait will likely be significantly longer, and any fees you pay will not be refunded or transferred. You also have to demonstrate residence if your application location is based on residency.
Will my existing visa appointment be cancelled?
Generally, no — existing nonimmigrant visa appointments will generally not be cancelled. In the specific cases where a post does cancel an appointment, the State Department says affected applicants will be notified.
Are any visa categories exempt?
Yes. The guidance does not apply to A, G, C-2, C-3, or NATO visa applicants; to diplomatic- or official-type visa applicants (regardless of classification); or to applicants traveling under the UN Headquarters Agreement. Rare exceptions may also be made for humanitarian or medical emergencies or foreign-policy reasons.
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This article is general information only and is not legal advice. Reading it does not create an attorney–client relationship. Immigration law is complex and fact-specific, and policies change; consult a qualified immigration attorney about your situation and verify current requirements at travel.state.gov and the relevant embassy or consulate. Prior results do not guarantee a similar outcome. Attorney advertising.