U.S. embassies and consulates historically published their own policies regarding whether to accept non-immigrant visa (NIV) applications from third-country nationals. For example, U.S. embassies and consulates in countries such as Mexico and the Bahamas maintained publicly available guidance describing eligibility for certain third-country national NIV applicants, subject to post-specific limitations. Because most NIV applications require a consular interview, the location of that interview determines where the application is adjudicated.
What the Department of State says about interview location
In September 2025, the Department of State issued guidance titled “Adjudicating Non-immigrant Visa (NIV) Applicants in Their Country of Residence.” The guidance instructs NIV applicants to schedule their visa interview at a U.S. Embassy or Consulate in their country of nationality or residence.
Because the E-2 Treaty Investor visa is an NIV category, this guidance applies to E-2 visa interviews abroad.
Nationals of certain countries
For nationals of countries where the United States is not conducting routine NIV operations, the Department of State provides designated embassies or consulates where those applicants must apply, unless they reside elsewhere.
Applicants from the following countries must use the designated locations listed by the Department of State.
Afghanistan – Islamabad
Belarus – Vilnius or Warsaw
Burkina Faso – Lome
Chad – Yaoundé
Central African Republic – Yaoundé
Cuba – Georgetown
Haiti – Nassau
Iran – Dubai
Libya – Tunis
Niger – Lome
Russia – Astana or Warsaw
Somalia – Nairobi
South Sudan – Nairobi
Sudan – Cairo
Syria – Amman
Ukraine – Krakow or Warsaw
Venezuela – Bogota
Yemen – Riyadh
Zimbabwe – Johannesburg
*Note: This list has been updated since the policy’s September 2025 announcement, with countries added in October and December 2025
Applicants should review the official Department of State list to confirm designated processing locations.
Residence requirement
If an applicant schedules an interview in a country based on residence rather than nationality, the applicant must be able to prove residence in that country.
Exceptions
The guidance does not apply to:
- A visas
- G visas
- C-2 or C-3 visas
- NATO visas
- Diplomatic-type or official-type visas
- Visas covered under the United Nations Headquarters Agreement
Rare exceptions may be made for humanitarian, medical emergency, or foreign policy reasons.
Practical implications for E-2 renewal planning, travel, and business operations
Because the Department of State directs NIV applicants to schedule interviews in their country of nationality or residence, E-2 investors who require a visa interview abroad should approach renewal planning with careful advance preparation.
For many E-2 investors, the visa interview directly affects their ability to return to the United States and continue operating their business.
Interview location determines travel strategy
An E-2 investor planning travel outside the United States must confirm that the visa interview will be scheduled in the country of nationality or in a country where residence can be proven. This may require coordinating international travel with appointment availability at that location.
Appointment availability at the relevant post may affect travel timing.
Wait times can affect length of stay abroad
The Department of State notes that wait times vary by location and that applicants applying outside their country of nationality or residence should expect significantly longer wait times. Interview location can therefore influence how long an investor remains outside the United States.
For an E-2 investor who actively manages a U.S. enterprise, extended time abroad may affect:
- Business oversight
- Contract execution
- Hiring decisions
- Operational continuity
- Client and vendor relationships
Reviewing appointment availability before departure reduces the risk of disruption.
Residence documentation becomes relevant
If applying in a country based on residence rather than nationality, the applicant must be able to prove residence in that country. This requires maintaining valid immigration status and supporting documentation in that jurisdiction.
Incomplete documentation can delay processing.
Confirm interview details before paying the fee
The Department of State confirms that visa application fees are non-refundable and non-transferable. Before paying the fee and securing an appointment, applicants should confirm:
- The correct interview location
- Their eligibility to apply at that post
- Current appointment availability
This reduces financial and logistical complications.
Renewal timing should be integrated into business planning
E-2 investors should treat visa renewal as part of forward planning rather than as a last-minute step before travel. Interview location, appointment availability, and documentation requirements should be reviewed well before departure.
Final considerations for E-2 investors
The Department of State guidance establishes nationality or residence as the standard interview location for NIV applicants and supersedes prior guidance on visa processing locations. For E-2 investors who anticipate international travel, interview location and appointment availability should be reviewed before departure.
Sources:
- Department of State. https://travel.state.gov/content/travel/en/News/visas-news/adjudicating-niv-applicants-in-their-country-of-residence.html
- U.S. Embassy & Consulates in Mexico. https://mx.usembassy.gov/third-country-nationals/
- U.S. Embassy Nassau. https://bs.usembassy.gov/third-country-nationals-tcns/