From Campus to Capitol 2: How New Immigration Rules Will Reshape International Student Pipeline – U.S. State Department Tightens Nonimmigrant Visa

Against the backdrop of tightening U.S. immigration policies, the Department of State announced on September 6, 2025, a new directive that further restricts the application path for nonimmigrant visas. Unlike in the past, when applicants could flexibly choose a third country for their visa interview, the new rule requires applicants to schedule appointments strictly in their country of nationality or lawful residence. This effectively ends the practice of “visa tourism,” which many applicants had relied on for greater flexibility, but may result in longer wait times at home-country embassies.

For nonimmigrant visa applicants, this change not only increases time and financial costs but also raises the bar for residency documentation and compliance requirements. In particular, nationals from countries without routine consular services will face more complex cross-border application arrangements.

If you and your company have questions about U.S. immigration policy or need tailored legal support, please contact our Partner, Anna Sun, at contact@consultils.com.

Key Updates under the Nonimmigrant Visa Rules

• Existing Appointments: Appointments already scheduled will generally not be cancelled.

• Proof of Residence: Applicants applying based on residence must present valid documentation of lawful stay. Applications submitted outside the country of nationality or residence will face stricter scrutiny.

• Application Fees: All fees remain non-refundable and non-transferable.

• Wait Times: Appointment availability varies by location; third-country applicants should anticipate longer delays.

• Exemptions: The policy does not apply to A, G, NATO, or visas under the UN Headquarters Agreement. Limited exceptions may be made for humanitarian, medical, or foreign policy reasons.

What Does This Mean for Applicants?

The new restrictions create significant barriers to third-country visa applications. Applicants who cannot provide strong residency documentation may face denied applications, financial losses, and longer wait times. As a result, residence-related documents—such as residence permits, employment or tax records, lease agreements, or property ownership—will become critical to successful filings.

What Should Applicants Do?

• Monitor consular wait times and plan early.

• Apply in your country of nationality or residence to minimize risks.

• Prepare thorough residency documentation to ensure compliance.

• Stay aware of emergency exceptions—in cases of urgent medical, humanitarian, or diplomatic needs, applicants may seek consular flexibility.

Other New Trends/Rules for Counsular Processing

• Visa Issuance Decline in China:

  According to U.S. Department of State statistics, F-1 visa issuances at the U.S. Embassy in Beijing decreased by 26% in May 2025, while H-1B visa issuances experienced a more significant decline of 41%. These reductions resulted from staffing constraints imposed by the Chinese government's refusal to allow the U.S. Embassy to hire local employees for over three years, limiting processing capacity to approximately 50% of previous levels.

  
  

• Enhanced Social Media Vetting Requirements:

  Effective June 18, 2025, New federal policy mandates that F, M, and J visa applicants adjust all social media account privacy settings to "public" to facilitate government vetting processes (see our previous article for details: https://mp.weixin.qq.com/s/xAhBOf_0b2rGA5aMBigUmg). if inclined to approve F/M/J applicants, Consular officers must review applicants' online presence for evidence of:

  
  

  o Illegal activities or criminal behavior

  o Hostile attitudes toward U.S. citizens, government, or culture

  o Previous visa violations (such as unauthorized employment)

  o Inconsistencies with DS-160 application or interview statements

This enhanced screening process adds additional processing time and scrutiny to student and exchange visitor applications

• Expanded Interview Requirements:

  Effective September 2, 2025, most nonimmigrant visa applicants will require in-person interviews, including those previously exempt due to age (under 14 or over 79). Limited exceptions remain for:

  
  

  o Diplomatic, official, and NATO visa categories

  o B-1/B-2 visa renewals within 12 months of expiration (meeting specific eligibility criteria)

  o Mexican Border Crossing Card renewals

This change significantly increases interview appointment demand and processing times at U.S. consular posts worldwide.

• New Visa Integrity Fee:

  Effective October 1, 2025, a $250 Visa Integrity Fee will be assessed on all nonimmigrant visa applications, including B, F, H, J, L, and O categories. This fee is in addition to existing application fees and represents a substantial cost increase for visa applicants.

These cumulative changes represent the most significant tightening of U.S. visa processing procedures in recent years, affecting processing times, costs, and approval rates across all major nonimmigrant categories. The combination of reduced processing capacity, enhanced vetting requirements, expanded interview obligations, and increased fees creates substantial barriers for international students, temporary workers, and business travelers seeking U.S. visas.

Looking ahead, our next article will explore the transformation of the H-1B visa from a random lottery to a “weighted selection” system. Readers can follow the link to access Part 3 of the From Campus to Capitol series.

For those who would like to review the earlier discussion of student visa restrictions, Part 1—Trump Administration Proposes New Rule to End Foreign Student Visa Abuse—is also available in full.

If you and your company have questions about U.S. immigration policy or need tailored legal support, please contact our Partner, Anna Sun, at contact@consultils.com.

Disclaimer: The materials provided on this website are for general informational purposes only and do not, and are not intended to, constitute legal advice. You should not act or refrain from acting based on any information provided here. Please consult with your own legal counsel regarding your specific situation and legal questions.

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As Partner and Head of Immigration at ILS, Anna advises global employers on all aspects of U.S. business immigration. She helps companies recruit and retain executives and highly skilled professionals essential to their U.S. operations, with experience spanning industries from autonomous driving and biotech, to entertainment, logistics, and manufacturing.

Previously, Anna practiced at leading global law firms and served as in-house counsel and compliance manager in the telecommunications, finance, and gaming industries. This diverse background equips her with practical, cross-industry insights that inform strategic, business-focused immigration solutions.

Email: contact@consultils.com | Phone: 626-344-8949