Warnings for TCN Visa Applications in Canada

Generally, the U.S. Department of State likes to process visas at the consulate located at the applicant’s home country.  Howevre, U.S. consulates in Mexico and Canada have the practice of allowing third-country nationals (TCN) to apply for a U.S. visa stamp in addition to their home country.  However, recent AILA interactions with the Department of State Canadian missions have provided some cautionary notes.

First, U.S. consular posts in Canada are increasingly refusing to issue visas under INA 221(g) in cases where the H-1B visa applicant has a foreign (non-U.S.) degree and who does not have a previous H-1B stamp issued by the U.S. consulate in their home country.  This practice is dictated mainly by a concern about increasing fraud with foreign diplomas.

Second, U.S. consulates in Canada generally discourage TCNs from applying at Canadian U.S. consular posts if they last entered the U.S. in visitor status.

While these announcements are not change in policy, it is important that we share them with our clients and readers as we encounter, on a daily basis, a number of inquiries about the feasibility of obtaining a U.S. visa stamp in Canada.  These notes should certainly provide examples of cases where a visa application should not be submitted in Canada.  The notes do not seem to include Mexico, although we suspect that the U.S. consulates in Mexico may trend similarly to their counterparts in Canada.