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The U.S. Department of State's National Visa Center (NVC) has issued updated guidance that impacts employment-based immigrant visa applicants, including EB-5 investors. This change is especially relevant for globally mobile professionals and investors residing outside their country of nationality.
Key Policy Changes
Applicants must now
- Interview for the immigrant visa in their country of residence, or
- Request to interview for the immigrant visa in their country of nationality, subject to approval.
To attend the immigrant visa interview at a consular post, applicants must submit proof of legal residence in the country where their case is assigned. This applies to all employment-based categories, including:
- EB-1 (Executives, Researchers)
- EB-2 (Advanced Degree Professionals, NIW)
- EB-3 (Skilled Workers)
- EB-5 (Investors)
Acceptable Proof of Residency Includes
- Passport with a residency stamp,
- Valid work or student visa,
- Legal permanent resident card or landing document,
- Refugee or humanitarian documentation, or
- Other official documentation confirming lawful residence.
Importantly, having a visitor visa would not qualify an applicant to interview in a country; evidence of a longer-term visa or status is required.
Designated Processing Posts for Countries Without US Consular Operations
Applicants from countries where the United States does not conduct routine visa services must attend interviews at designated alternate posts. Below is a summary of current assignments:
| Nationality | Designated Location(s) |
| Afghanistan | Islamabad |
| Belarus | Vilnius, Warsaw |
| Chad | Yaoundé |
| Cuba | Georgetown |
| Haiti | Nassau |
| Iran | Dubai |
| Libya | Tunis |
| Niger | Ouagadougou |
| Russia | Astana, Warsaw |
| Somalia | Nairobi |
| South Sudan | Nairobi |
| Sudan | Cairo |
| Syria | Amman |
| Ukraine | Krakow, Warsaw |
| Venezuela | Bogotá |
| Yemen | Riyadh |
| Zimbabwe | Johannesburg |
Important Takeaways
- Third-country processing is not permitted unless special circumstances apply.
- Traveling to another country solely to apply for a visa does not qualify as a special circumstance.
- There may be delays if applicants do not provide sufficient proof of residence in the assigned country.
- Existing appointments for nonimmigrant visas may not be canceled, but applicants may be refused under INA §214(b) if they cannot prove residence.
Considerations for Employers and Investors
- Confirm assigned consular posts.
- Gather and submit appropriate residency documentation.
- Contact your immigration counsel to request a transfer or explain special circumstances, if needed.
It is critical for companies and EB-5 investors to prepare documentation and coordinate through counsel with the NVC to enhance timely and compliant visa processing.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
