There is breaking news concerning E-2 visa applications that significantly impacts where applicants can attend their visa interviews. The government has issued new guidance restricting the ability of individuals to apply for non-immigrant visas at consulates in countries where they do not reside or hold a passport. If you were planning to apply as a “Third Country National” (TCN), it is crucial to understand these changes immediately.
The Policy Shift: September 6th Announcement
This policy stems from a government announcement made on September 6th, which stated a clear preference for applicants to apply only in their home countries. While initially there was some confusion regarding the specific wording and its application to existing appointments, the situation has now been clarified. The Department of State is moving away from the discretionary acceptance of TCN cases that was more common in previous years.
Strict Enforcement and Applicant Risks
Immigration practitioners now generally agree that applying in a third country, a country where you are not a resident is no longer advisable. Consulates are strictly enforcing this rule.
Proof of Residence Required
Upon arrival at the consulate, applicants are explicitly asked to prove that the country where they are applying is their country of residence. If they cannot provide this proof (such as a local residency card or long-term visa), the consulate will likely refuse to issue the visa and send the applicant away.
The Consequences of Being Turned Away
Being turned away without a visa issuance is significant. It is not just a wasted trip; it can have negative implications for future visa applications. A refusal or a “turn away” is noted in the system, potentially complicating future attempts to secure a visa even in your home country.
Advice for E-2 Visa Applicants
Given this strict enforcement, the firm strongly advises clients not to take the risk of traveling to another country for an interview. The convenience of a shorter wait time in a neighboring country is not worth the risk of a refusal.
What if You Already Have an Appointment?
For those who had interviews scheduled before the September 6th announcement and are still waiting, there is a specific risk. While the guidance technically allows for discretion, and some applications are being adjudicated, others are resulting in applicants being turned away at the door. The safest course of action is to reschedule your appointment in your country of citizenship or permanent residence.
Charting Your Path Forward
If you have questions about how new immigration policies might affect you or your business, or if you are interested in investment-based visa options like the E-2 or EB-5, schedule a consultation with us today to discuss your strategy.
