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

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

Understand the latest Third Country National restrictions. Learn the critical rules of Automatic Visa Revalidation and Section 221(g) holds.

TCN Border Stamping Rules

For foreign professionals working in the U.S. (on H-1B, L-1, O-1, or TN visas), traveling to U.S. Consulates in border cities (such as Vancouver, Toronto, Tijuana, or Monterrey) for visa foils is known as Third Country National (TCN) processing.

Important Policy Note: U.S. Embassies and Consulates in border countries restrict TCN appointments for non-residents, reserving primary capacity for residents of Canada or Mexico. Non-residents must verify appointment availability for TCN categories prior to booking travel.

Automatic Visa Revalidation (AVR) Voiding Rule

Under federal law (22 CFR § 41.112(d)), nonimmigrants with an expired visa foil can travel to Canada or Mexico for under 30 days and re-enter the U.S. using their valid Form I-94 under Automatic Visa Revalidation (AVR).

Section 221(g) Administrative Processing Risks

If a consular officer issues an INA Section 221(g) refusal, your application is placed under administrative processing for background security checks or client-site verification.

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Indefinite Stay in Host Country

You must remain in Canada or Mexico at your own expense while processing takes place over weeks or months.

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No U.S. Entry Rights

Because AVR is voided by filing DS-160 abroad, you cannot cross back into the U.S. until a new visa stamp is physically affixed to your passport.

Mandatory Document Checklist

CategoryDocuments Required
Host Country VisasValid Canadian visitor visa (TRV) / eTA or Mexican FMM visa card
USCIS ApprovalsOriginal Form I-797 approval notice (e.g. H-1B, L-1, O-1)
DS-160 & BookingDS-160 confirmation page and consular appointment confirmation slip
Employment ProofEmployment verification letter, recent W-2 forms, and 3 months of pay stubs

Frequently Asked Questions (FAQ)

TCN visa stamping refers to applying for a U.S. visa foil at a U.S. consulate located in a country other than your country of citizenship or permanent residence (such as an Indian citizen applying in Canada or Mexico).

Under 22 CFR Section 41.112(d)(2)(ii), applying for a new U.S. visa stamp while in Canada or Mexico immediately and automatically voids your eligibility for Automatic Visa Revalidation (AVR). You cannot re-enter the U.S. using your expired visa and valid Form I-94.

If placed under 221(g) administrative processing while TCN stamping in Canada or Mexico, you cannot re-enter the U.S. under AVR. You must remain in that border country at your own expense until processing completes or return directly to your home country.

U.S. consulates in Canada and Mexico strictly restrict TCN appointments for non-residents and prioritize local citizens and permanent residents. Applicants must check embassy appointment availability for non-resident TCNs.

Applicants must bring their original Form I-797 Approval Notice, printed DS-160 confirmation, appointment letter, employment verification letter, 3 recent pay stubs, W-2 forms, and proof of legal status in Canada (TRV/eTA).

Alternatives include scheduling a visa stamping appointment in your home country or utilizing the U.S. Domestic Visa Renewal Program for eligible H-1B principals when active.
Official Government Portals

• U.S. Embassy in Canada Official Portal: ca.usembassy.gov
• U.S. Embassy in Mexico Official Portal: mx.usembassy.gov

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AVR Rules Summary
Max Stay DurationUnder 30 Days
Eligible DestinationsCanada / Mexico
Applying for Visa Stamp?Voids AVR Immediately
Related Tools
👉 Automatic Visa Revalidation Guide →👉 H-1B Visa Stamping Guide →👉 Domestic Visa Renewal Guide →