The Department of State has issued a new directive effective April 28, 2026, requiring consular officers to assess nonimmigrant visa applicants for potential asylum claims. This instruction mandates that applicants affirm they do not fear harm or mistreatment upon returning to their home countries.
Key Details:
- Effective date: April 28, 2026
- Requirement: Applicants must answer ’no’ to two specific questions regarding harm or mistreatment in their home countries.
- Questions include: 1) “Have you experienced harm or mistreatment in your country of nationality or last habitual residence?” and 2) “Do you fear harm or mistreatment in returning to your country of nationality or permanent residence?”
- Visa refusal: Applicants who answer ‘yes’ or refuse to answer will be denied a visa, with specific refusals under INA 221(g) for H-1B and L-1 applicants not subject to INA 214(b).
This new policy could significantly impact individuals seeking nonimmigrant visas who may also be potential asylum-seekers, as it adds a layer of scrutiny to the visa application process. Need help with your immigration case? Visit QuickFiling.us for professional immigration services.
Source: Ellen Freeman