DOS July 2026 Update: NIV Applicants Can Now Be Adjudicated in Country of Residence

The U.S. Department of State issued updated guidance on July 15, 2026, clarifying the rules for adjudicating Nonimmigrant Visa (NIV) applicants at consular posts located in the applicant's country of residence. This policy update formalizes and expands the conditions under which applicants can have their visa interviews and decisions processed outside their country of nationality. For EB-3 applicants and other employment-based immigrants maintaining nonimmigrant status, this development is particularly relevant. Many EB-3 workers on H-2B, H-1B, or other temporary work visas who reside in the United States or a third country may have greater flexibility in where they seek visa stamp renewals and consular processing. The DOS guidance streamlines the consular appointment process by allowing posts to serve applicants based on residence rather than strictly by nationality. This can reduce wait times at high-demand consulates in certain countries and open alternatives for applicants in countries with limited consular services or long appointment backlogs. Immigration practitioners should review the updated State Department instructions to advise clients on optimal consular post selection, particularly for nationals of backlogged countries like India and China who may have residence in a third country with faster appointment availability. Applicants are advised to consult with a qualified immigration attorney before selecting a consular post under the new guidance, as eligibility criteria and post-specific requirements may vary.