If you’ve recently secured a job offer in the U.S. and are preparing to apply for a visa (like the E-3), or you're looking to renew your E-3 Visa, the U.S. Department of State has updated its guidance on September 6, 2025 about where you’re allowed to apply for your visa—and it could affect your timeline, planning, and travel.
Until now, visa applicants were sometimes able to apply for visas and conduct “visa interviews” in countries where they were not a resident. For E-3 visa holders that meant quick trips to London, Barbados, and the Bahamas, however that flexibility may have now been significantly reduced.
Here’s what you need to know and how this might affect you.
What’s Changed in Visa Application Policy?
As of September 6, 2025, U.S. embassies and consulates are instructed to only accept nonimmigrant visa applicants who are residents of the country in which the consulate is located.
This directive comes from the Department of State via updated guidance, clarifying the responsibilities and limits of consular jurisdiction. While there are still exceptions (which we’ll get to below), this change may limit your ability to “shop around” for appointments in other countries.
Why Has the Rule Been Enforced Now?
Technically, this requirement has always existed in U.S. immigration law—8 CFR 41.101(a) states that visa applications must be made to a consular officer in the applicant’s country of “usual residence”.
But for many years, consulates could accept “third-country national” (TCN) visa appointments at their discretion. Many Australians took advantage of this—booking appointments in places like Barbados, London, the Bahamas or, prior-to-COVID, even Canada and Mexico—especially when appointment wait times were long in Australia.
Now, the Department of State is tightening enforcement of this rule and removing much of that discretion from embassies and consulates. In some cases it will mean that you need to apply in the country where you live.
What’s the Impact for Australians on the E-3 Visa?
If you’re living in Australia and applying for an E-3, this likely won’t affect you—you’ll just continue booking your appointment at the U.S. Consulate in Sydney, Melbourne, or Perth. Interviews are now mandatory with a previous State Department directive starting September 2, 2025.
However, if you were already living in the U.S. and hoping to leave for a quick trip abroad to apply for a new visa (with bonus vacation), this might now be off the table unless you are also a resident in that third country.
In practice, this means:
- You MAY not be allowed to apply outside of Australia unless you are lawfully resident there (not just a holiday visitor.)
- Appointments in other countries may be cancelled or denied at check-in if you don’t meet residency requirements (if you haven't already made the appointment, see below.)
- You may need to travel home to Australia just to get a new visa, even if that wasn’t part of your original plan.
This will particularly affect:
- Australians living in the U.S. and changing employers (i.e. needing a new visa)
- Those planning visa renewal while on holiday
- Australians residing in third countries temporarily (e.g. digital nomads or students)
Are There Any Exceptions?
Yes, but they’re narrow. A consular officer still has discretion and may still accept a visa application from a non-resident if the officer determines there are “extraordinary circumstances” or clear U.S. national interests involved.
In the past, this discretion for urgent appointments (for example) have been extremely limited as an option to regular applicants, so will likely be very difficult to negotiate.
In short: don’t rely on getting an exception unless you’ve specifically discussed your situation with your immigration attorneys and/or the consulate and received explicit approval.
What if you already have an appointment booked in another country?
There is also specifically an outline for “Existing Appointments”:
Existing nonimmigrant visa appointments will generally not be cancelled.
While this is not explicit that appointments will not be affected, we are awaiting more information about what happens and if you do have a personal experience, please do leave a comment below or use our anonymous tip line to provide your feedback.
My personal opinion is that there will be little effect on existing appointments, but do not have any evidence for that.
What Should You Do Now?
Apply at home where possible: If you’re in Australia, apply in Sydney, Melbourne, or Perth. Expect a normal timeline and processing experience.
Reconsider a plan a side-trip visa appointment: If you were planning to get a visa in another country, re-check the consulate’s rules—and prepare for rejection if you don’t live there. Importantly many of these locations do not operate in a tech-forward environment and may not update their websites with the latest information. They may also accept your appointment and reject it later, so use caution. Don't assume that just because you got a spot means you will be able to proceed with your interview or be approved on the day.
Factor travel into your timing: If you need a new visa and you’re in the U.S., be aware you may need to travel back to Australia to get one. This can add time, cost, and logistical hurdles.
Watch for consulate-specific policy: We've seen before that some consulates may be stricter or more lenient about enforcement and “extraordinary circumstances,” but the default is now residents only and the safest play is to go back to your country of citizenship or residence.
What About Interview Waivers?
This new location rule is separate from the E-3 visa interview waiver update we reported on recently. That change ends most interview waivers for E-3 visas in September 2025.
The two updates combined mean:
- You may no longer be eligible for a visa interview waiver, and
- You may no longer be able to apply outside your country of residence.
It’s a double-whammy, so be sure to plan ahead carefully.
Yes, it's painful
This update adds another layer of complexity to the already-complicated process of applying for U.S. visas. The main takeaway: unless you live in a country, you probably can’t apply for a visa there anymore.
Australians planning E-3 visa renewals, job switches, or re-entries should start thinking now about their location, timelines, and documentation.
If you’re unsure how this affects your plans—or you’re mid-process and now need to change direction—you should urgently speak talk to an immigration attorney.
As always, it's important to note that I'm not an immigration attorney but I’ll keep you updated with the latest and update this article with any news.
