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Non-Immigrant Visa Interview for Third-Country National

In September 2025, the U.S. Department of State (DOS) issued updated guidance recommending that nonimmigrant visa (NIV) applicants, even Third-Country National (TNC), schedule an interview appointment in their home or country of residence.  

TCN (Third-Country National)  is a term used to refer to an alien who is resident in a country but is not a citizen of that country. In the context of immigration and visa applications, it is used to refer to a person applying for a U.S. visa in a country other than his/her own (country of nationality) or country of residence.  

For example, if a Japanese national is temporarily in Canada and applies for a U.S. visa in Canada, he or she would be treated as a TCN. In the past, even if these TCN applicants were not in their home country or country of residence, they were allowed the flexibility of an interview at the embassy or consulate of the country where they were physically present.  

The new policy has resulted in an increasing number of TCN applications being denied under the Immigration and Nationality Act (INA §214(b)). Although the official government Foreign Affairs Manual (FAM) has not yet been updated and states that interviews can be conducted outside of the place of residence, in practice, there have been many cases of denial, especially for visa applicants who are temporarily residing in other countries.  

The problem is that there are cases where TCN applicants are denied under 214(b) after being invited for an interview on the day of the interview without prior notice that an interview is not available. This has had a growing impact on TCN applicants who have been denied, as they will no longer be able to use ESTA (Electronic System for Travel Authorization) for short-term travel to the U.S. in the future.  

While exceptions will be made for diplomatic visas, visas related to UN headquarters, and some emergency reasons, it is important to understand that the policy has been changed to one whereby regular nonimmigrant visa applicants will be required to make an interview appointment in their home country or country of residence. Please be aware of this.  

 

December 2025

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Sachika Kurihara
Sachika Kurihara

Hawaii and Kentucky (inactive) attorney with Go Law Group, assisting corporations and individuals throughout the United States with a focus on immigration law. She has extensive experience in litigation, intellectual property, and patents, and is well versed in corporate law.

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