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22 CFR § 41.112(d) / INA § 221(g) / Border Stamping

U.S. Visa Stamping in Canada & Mexico (TCN)

2026 guide to third-country U.S. visa processing, the current nationality/residence interview policy, Automatic Visa Revalidation, and INA § 221(g) administrative processing.

TCN Border Stamping Rules

For foreign nationals who apply for a U.S. nonimmigrant visa outside their country of nationality or residence, the process is commonly described as third-country national (TCN) processing. The availability of such appointments is determined by the particular U.S. embassy or consulate and the current Department of State rules.

Automatic Visa Revalidation (AVR) Voiding Rule

Under federal law 22 CFR § 41.112(d), an eligible nonimmigrant with an expired visa may in some circumstances seek readmission after an absence of no more than 30 days solely in Canada, Mexico, or other qualifying contiguous/adjacent territory, using automatic revalidation and a valid Form I-94. The traveler must satisfy all AVR conditions.

Section 221(g) Administrative Processing Risks

If a consular officer issues an INA Section 221(g) refusal, the application may require additional documentation or administrative processing before the consular officer can make a final visa decision. Processing times vary by case.

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Do Not Assume You Can Reenter the U.S.

If you applied for a new visa while abroad, AVR is unavailable. You may need to remain outside the United States or otherwise obtain another lawful basis for admission while the visa case is unresolved. Administrative-processing duration varies by case.

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AVR Is Unavailable

Applying for a new visa while abroad prevents reliance on AVR. To seek admission again, the traveler must qualify under another valid admission basis, which may include a newly issued visa when one is required.

Typical Supporting Documents

Exact document requirements vary by visa category and consular post. Verify the current checklist on the specific U.S. embassy/consulate website before travel.

CategoryDocuments Required
Host-Country AdmissionCarry the documents required by Canada or Mexico for your lawful presence and travel. A Canadian eTA, Mexican FMM, or other document is not a universal U.S. visa-stamping requirement.
Petition / Status EvidenceForm I-797 approval notice and other petition/status documents applicable to the visa category.
Application & AppointmentDS-160 confirmation page and appointment confirmation, when an appointment is required.
Employment / Supporting EvidenceEmployment verification, recent pay records, and other evidence requested by the specific consular post. W-2s may be useful but are not a universal requirement for every applicant.

Frequently Asked Questions (FAQ)

TCN processing means applying for a U.S. visa at a U.S. embassy or consulate in a country that is not your country of nationality. Under current 2026 Department of State guidance, nonimmigrant applicants should generally schedule in their country of nationality or residence. A third-country post may still process some applicants, but availability and eligibility are post-specific and applicants outside their nationality/residence country may face longer waits or greater difficulty qualifying.

Under 22 CFR § 41.112(d)(2)(vii), AVR is unavailable to a nonimmigrant who has applied for a new visa while abroad. The Department of State likewise states that travelers with expired visas who have applied for a new visa cannot rely on automatic revalidation, even if they otherwise have a valid Form I-94.

A 221(g) refusal can result from missing documentation or additional administrative processing. Processing time varies by case. If the applicant applied for a new visa while abroad, AVR cannot be used for reentry. The applicant may need to remain outside the United States or otherwise obtain another lawful basis for admission while the visa case is unresolved.

Current Department of State guidance says nonimmigrant applicants should generally schedule in their country of nationality or residence. Applicants who apply outside those countries may still be processed in some circumstances, but should expect potentially longer waits and greater difficulty qualifying; fees paid for such applications are not refundable or transferable. Always check the specific post's current instructions.

Common supporting documents can include a valid passport, DS-160 confirmation, appointment confirmation, Form I-797 approval notice, a current Form I-129/I-797 petition record where applicable, employment evidence, recent pay records, and other documents requested by the particular consular post. The exact checklist is post- and case-specific.

The principal option is to apply at a U.S. embassy or consulate in the applicant's country of nationality or residence under the current Department of State guidance. The former H-1B domestic visa-renewal pilot ran in 2024 and ended May 1, 2024, so it should not be presented as a current 2026 general option.

Have questions about TCN visa rules, AVR exclusions under 22 CFR 41.112, or 221(g)?

⬆️ Refer to FAQ Section Above
Official Government Portals

• U.S. Embassy in Canada Official Portal: ca.usembassy.gov
• U.S. Embassy in Mexico Official Portal: mx.usembassy.gov
• Current U.S. Department of State NIV policy: Country-of-nationality/residence guidance

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AVR Rules Summary
Max Stay DurationUnder 30 Days
Eligible DestinationsCanada / Mexico
Applying for Visa Stamp?AVR Unavailable (22 CFR § 41.112(d)(2)(vii))