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The Department of State has structurally changed how Brazilians and foreign nationals in general apply for U.S. nonimmigrant visas (NIV). Effective September 6, 2025, the home-country requirement is in force: applicants must schedule their interview at the U.S. consulate or embassy in their country of nationality or legal residence. The practice known as Third-Country National (TCN) processing—which for years allowed applicants to book appointments at posts with shorter wait times (a classic example being the U.S. consulate in Mexico or Bogotá for Brazilian applicants)—is no longer a routine option.
What the Rule Says
The Department of State’s official guidance establishes two legitimate pathways for scheduling:
- Country of nationality. A Brazilian citizen must apply for a visa at one of the U.S. consular posts in Brazil (Rio de Janeiro, São Paulo, Recife, Porto Alegre, or Brasília).
- Country of legal residence. That same Brazilian citizen, if holding a valid residence permit in Portugal, may apply in Lisbon or Porto. Legal residence must be proven with an official document issued by the host country—a tourist visa or short-term stay does not qualify.
Exceptions exist but are reviewed on a case-by-case basis under stricter criteria. Each consular post may publish its own requirements on its official page, so checking directly with the post where you intend to apply has become a mandatory step in your planning.
Why the Change Was Made
The Department of State did not publish an exhaustive rationale, but the practical effect of the rule aligns with three operational objectives. The first is to direct adjudication to consular officers with local expertise on the socioeconomic profile, documentation, and fraud patterns of the applicant’s home country. The second is to redistribute workload: posts historically overwhelmed by demand from non-resident foreigners can now focus on their own nationals, while each country absorbs its full domestic demand. The third is to standardize the level of scrutiny, eliminating the perception that certain consulates approved applications more easily.
Reduction of the Interview Waiver (Dropbox) Program
Separately, effective September 2, 2025, the Department of State drastically reduced the categories eligible for the interview waiver program, commonly known as Dropbox. Renewals of H, L, O, F, and M visas now require an in-person interview in most cases. The residual waiver program remains valid only for a narrower set of applicants renewing a visa of the same full validity classification filed in their country of nationality or legal residence.
For a Brazilian worker with an H-1B visa, for example, a renewal that previously could be handled by mail without appearing at the consulate now typically requires an in-person appointment. For an F-1 student renewing during a break, the situation is the same. The combined effect of both changes means that total planning time for a simple renewal has increased from a few weeks to several months, especially at Brazilian posts that were already operating with long backlogs before the new rules took effect.
Practical Impact for Brazilian Applicants
The post-2025 landscape brings three direct consequences for those applying for a U.S. visa from Brazil or other Portuguese-speaking countries:
- Longer wait times at domestic consulates. Since Brazilians can no longer freely schedule appointments in third countries, demand has concentrated at domestic posts. Wait times for B-1/B-2 interview appointments in São Paulo and Rio de Janeiro have returned to operating in months, in some periods exceeding a year.
- Renewals are no longer straightforward. Workers with long-duration visas who live outside Brazil must now plan a trip to their country of nationality or legal residence whenever their visa expires or when they need a new stamp to re-enter the United States.
- Greater documentary predictability. Those with legal residence in a third country (Portugal, the United Kingdom, Canada, Germany) can leverage that status, but must be prepared to present robust proof of residence to the consular officer.
Impact on Employers and Global Mobility
Companies managing international mobility have lost flexibility. It was once common to bring a foreign executive to North America for a one-week meeting and use the trip to renew a visa at a convenient consulate. That model has become the exception. Planning for transfers, temporary assignments, and renewals must now anticipate multi-month windows, account for scheduling availability in the home country, and plan for scenarios in which the worker is stranded outside the United States due to consular delays.
Next Steps for Applicants
- Plan ahead. Applications should be planned with a 6-to-12-month lead time, especially for work and study visas whose validity directly affects the right to remain in the United States.
- Confirm post-specific requirements. Each embassy and consulate publishes specific guidance. Check the official post page before scheduling any appointment or booking any travel.
- Monitor the Department of State’s official website. Policy updates, fee adjustments, and changes to interview waiver eligibility are published at travel.state.gov.
- Assess eligibility for the residual Dropbox program. If you are renewing the same visa type and maintaining full validity, you may still qualify. Confirmation only happens at the time of application, so an in-person appointment should be reserved in parallel as a contingency.
- Gather proof of residence. Applicants intending to use the legal-residence-country rule must have on hand a residence permit or long-term visa issued by the host country, evidence of housing ties, proof of physical presence, and ideally a local professional or educational connection.
Who Can Still Apply in a Third Country
Exceptions exist and follow the consular officer’s case-by-case discretion. Diplomats and holders of A and G visas maintain their own separate regimes. Applicants in urgent humanitarian situations with documented security risks in their home country may request exceptional review. In all cases, the decision is discretionary and should not serve as a basis for planning. The general rule today is straightforward: apply in the country where you were born or in the country where you legally reside.
Victoria Harper
Editor-in-Chief
Leading journalism and editorial content at Visto n’ Visa, Victoria helps make immigration topics clear, trustworthy, and easy to understand. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.
