In recent months, the Department of State has shifted how immigrant visa interviews are assigned for consular processing cases. Instead of allowing applicants to choose a consulate based on speed or convenience, interviews are now generally scheduled based on the applicant’s official residence. This change affects NIW applicants and other employment based immigrants who are processing their green cards outside the United States.
What Changed and Why It Matters
In the past, applicants often pursued interviews at consulates known to move faster, even if they were not residents of that country. It was common for people to process their immigrant visas in third countries if they could legally enter and stay there for a short period of time. This flexibility is now largely gone.
Under the current approach, immigrant visa interviews are tied to where the applicant is considered a resident, not where the applicant happens to be physically present. This change reflects a broader policy shift by the Department of State to align consular workloads with local populations and to reduce cross border case movement.
Visitor Status Does Not Count as Country of Residence
One important point that causes confusion is that visitor visas do not establish country of residence. Entering a country on a tourist visa, short term business visa, or visa free entry does not qualify someone as a resident for immigrant visa processing purposes.
Simply staying in a country temporarily, even for several months, is usually not enough. Consulates are now asking whether the applicant has a legal right to reside in that country on a more permanent basis.
This means that applicants who previously planned to travel to a faster consulate on a visitor visa may no longer be eligible to interview there.
The Rollout Has Not Been Entirely Smooth
This policy change has not been perfectly smooth in practice. Much of the coordination happens through the National Visa Center, which manages case intake and interview scheduling before files are sent to individual consulates. Because this represents a shift from prior practice, there have been inconsistencies in how cases are reviewed, reassigned, or delayed.
Some applicants have experienced confusion about which consulate has jurisdiction, requests for additional proof of residence, or delays while cases are rerouted. These issues are not necessarily case specific problems, but rather growing pains as the system adjusts to a new framework.
How Residence Is Proven
To determine country of residence, consulates and the National Visa Center may request documentation showing lawful residence in that country. Examples can include a long term residence visa, a work permit, a dependent visa, a student visa, or other government issued authorization allowing extended stay.
There is no single universal document. Each country has its own immigration system and its own way of documenting foreign residents. Some issue residence cards, some issue electronic permits, and others rely on visa stamps combined with registration systems. Officers generally look at the totality of the documentation rather than one specific format.
Why This Is a Meaningful Change
This shift removes a strategy that many applicants relied on, choosing a consulate based on speed rather than residency. It also means that processing times may now vary more significantly depending on where an applicant legally resides.
At the same time, it is important to understand what this change does not affect. It does not change priority dates, visa eligibility, or substantive adjudication standards. It changes where and how the final interview is scheduled.
As with many procedural updates, clarity has improved over time, but applicants should expect that residency based interview assignment is now the default rather than the exception. If you are considering NIW and are not sure where your company will take you in the future, contact us to find out if you are eligibile and get the latest immigration visa scheduling wait times.
Thath Kim II
US Attorney
Licensed in Oregon
11F 1108, Seocho-daero 77gil 17, Seocho-gu, Seoul, Republic of Korea 06614