The U.S. Department of State (DOS) has implemented new restrictions that all but eliminate the ability of individuals to apply for visa stamps at U.S. consulates outside their home countries. This change significantly impacts foreign nationals who previously relied on U.S. consulates in Canada, Mexico or other third countries for convenience and shorter wait times.

What Changed?

Under the updated policy, most applicants must now apply for visa stamping in their country of nationality or residence. U.S. consulates in Canada and Mexico will no longer routinely process third-country national (TCN) applications for employment-based visas such as H-1B, E-1/E-2, and O-1. While some consulates may still accept limited TCN cases, these are now the exception rather than the rule, and policies vary by post.

Who Is Affected?

All temporary visa applicants, including:

• H-1B professionals, including engineers, physicians, researchers, and other professionals
• O-1 individuals with extraordinary ability
• E-1/E-2 Treaty Traders and Investors
• E-3 Australian specialty occupation visas
• B-1/B-2 Visitors for business or tourism

Are There Any Exceptions?

Yes. DOS has outlined narrow exceptions, including:

• Nationals of countries where the U.S. government is not conducting routine nonimmigrant visa operations but only a designated embassy or consulate, unless their residence is elsewhere.

What Should Employers and Applicants Do Now?

• Plan ahead: Expect longer wait times at home-country consulates.
• Consult immigration counsel: To assess eligibility for exceptions or expedited processing.

The information provided in this client alert speaks only to the information and guidance we have available as of the date of publication and is subject to change. This legal update was created by UB Greensfelder LLP and is not intended as a substitute for professional legal advice. Receipt of this client alert, by itself, does not create an attorney-client relationship. For any questions or for further information, please contact your UB Greensfelder attorney.