Legal Services & Resources
Up to date legal information pertaining to Thai, American, & International Law.
Contact us: +66 2-266 3698
Restriction of US Visa Interviews for "Third Country Nationals"?
Transcript of the above video:
As the title of this video suggests, we are discussing the issue of Visa interviews for Third country nationals. Now what are we talking about? Well as most people are aware, there are Visa interviews and now based on a new rule, basically any Visa that you want to get to the US is going to be subject to some form of interview process, so that's going to constrict the Visa process pretty substantially. But part of this is also having to do with what is called Third Country Nationals. So what is a Third Country National? Well for example, somebody who's a Filipino who is physically present in Thailand, seeking a visa to America, that is what the Americans in that scenario would call a Third Country National. The Embassy would refer to them as a Third country national seeking a US Visa from Thailand.
There's been a lot of news on this, but I recently came across it in Visas News, so that is visasnews.com titled: US: visa applications now restricted to country of residence or nationality. Then quoting directly: "New rule for US Non-immigrant Visa applications. In this broader context of stricter Immigration policies, the Department of State announced a major new requirement on September 6, 2025: non-immigrant visa applications must now be submitted in the applicant's country of residence or nationality." - I'll get to analysis on residence in a moment. - "In practice, this means that with limited exceptions, foreign nationals can no longer apply for a U S. Visa in a third country. The rule, which is "effective immediately", applies to most temporary visas, including those for tourism, business travel, study programs, internships and professional assignments."
So to be clear, at least as of now, this does not seem to, and I state that again, ‘seem to’, pertain to things like K-1 Fiancé(e) Visas which are technically Non-immigrant basis but as I have discussed in other videos, that is a dual intent Visa so it is treated as if it's an Immigrant Visa. It is actually handled by the Immigrant Visa unit of a given Embassy, for example here in Thailand, as well as Immigrant Visas do not seem to be impacted by this.
That said, Tourist Visas, Student Visas, things like the J-1 Exchange Visitor Visa, things of that nature, the M Visas, it looks to me like those are going to now no longer be able to be interviewed for that Visa in a third country. So if you are a Filipino or an Indian for example, and you wanted to apply for US Tourist Visa through the Embassy here in Bangkok, that now is going to be a no go; third country nationals have to apply through their country of nationality or residence. Now what does Residence mean?
I think as a baseline, you have to presume that that person has been there for at least a year and in some sort of real visa status. Now it may not necessarily be what we would refer to as Lawful Permanent Residence - although you can infer from what they are saying here that yeah, they would want you to be an actual bona fide resident. That said, I have dealt with Consular jurisdiction in the past - especially when there was a local USCIS office here in Thailand - and in the past I have seen the basic analysis was we want to see you there a minimum of a year and we also want to see that you have some sort of Non-immigrant Visa that's keeping you in that jurisdiction; you can't be there on a tourist visa basically or visa exemptions, you have to be on something that has a more permanent nature to it I guess is the way to put it.
Now again exactly how this plays out remains to be seen, especially on the issue of residence, so we will certainly be keeping you updated on this channel as the situation evolves.
