The Department of State (DOS) now requires immigrant and non-immigrant visa applicants to have interviews in their home countries or where they reside. If this service isn’t available, applicants must use already-designated posts.
This change, effective for U.S. immigrant applications like the EB-5 visa starting Nov. 1, 2025, and for non-immigrant visa applicants since Sept. 6, aims to end “shopping for third-country appointments” and improve workload management for U.S. embassy and consulate officers.
The update affects EB-5 investors outside the United States explicitly at the DS-260 stage of their application process.
“The ripple effects are significant but somewhat contained due to the process’s structure,” said U.S. immigration attorney Natalia Morozova from Cohen, Tucker + Ades P.C., about the impact on the EB-5 industry.
EB-5 attorney Belma Demirovic Chinchoy from Immigration General Counsel added that the new rule will result “in further interview delays for EB-5 applicants.”
And EB-5 lawyer Farah Abbas from Abbas Law Plc points out that the update “is a departure from past practice, which allowed for ‘third country national’ applicants to apply in a different country.”
Impacts on new and upcoming EB-5 interviews
Demirovic Chinchoy expects delays in interview scheduling due to post-reassignment, given that “already overwhelmed posts will likely experience an increase in workload.”
Morozova adds that the most immediate impact of this surge in delays could happen in countries with a significant demand for EB-5 visas and current backlogs, like China, India, Vietnam, and Nigeria. She also cautions that availability at key locations like Guangzhou and Mumbai will fill up rapidly.
These delays may complicate residence timelines for EB-5 applicants already facing visa backlogs and child-age eligibility, like Chinese and Indian investors.
Abbas notes that for every applicant for visas, immigrant or non-immigrant, to be processed in-country, “there will surely be backlogs to handle the influx of cases without adding additional resources.”
The policy curbs the third-country interview option
Previously, many EB-5 applicants opted for the “third country” alternative due to the high volume of applicants at their home country’s consulates. Historically, this alternative would take place at embassies in Canada, Mexico, or the UAE.
Now, it’s no longer an option except for humanitarian, medical, safety, and foreign policy grounds, or by proving genuine residence there.
“This isn’t a complete halt to EB-5 processing, but it could slow regional investment inflows by 10-20% in the next quarter, as some applicants hesitate or explore workarounds,” said Morozova. “Asia and Africa might see the biggest hit, as their investors often relied on third-country options to accelerate timelines.”
The DOS said that appointments already booked in third countries would not be rescheduled or cancelled.
How can EB-5 investors better prepare?
Demirovic Chinchoy recommends EB-5 investors to “notify NVC of their preferred post (country of nationality vs residence) immediately upon I-526E approval.”
Morozova highlights the need for flexibility. “Early engagement with counsel is key,” she said.
Abbas advises petitioners to “plan accordingly and complete their visa application paperwork as early as possible, so that a Consular interview date can be scheduled.”
Law firm Greenberg Traurig, LLP, told clients in a note, “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.”
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