On April 28, 2026, the U.S. State Department issued a worldwide directive requiring consular officers to ask two specific asylum-related questions during all nonimmigrant visa interviews. The directive states that the current vetting is insufficient and aims to more proactively prevent the misuse of nonimmigrant visas by individuals intending to seek asylum.
All foreign nationals applying for a nonimmigrant visa are now required to answer the following questions verbally before the visa can be issued.
“Have you experienced harm or mistreatment in your country of nationality or last habitual residence?”
“Do you fear harm or mistreatment in returning to your country of nationality or permanent residence?”
The questions are not on the Nonimmigrant Visa Application (Form DS-160) yet, but the officers must ask them during the in-person interview and record the applicant’s verbal responses in internal case notes.
These questions are designed to determine whether the applicant has experienced harm in their home country and if they fear returning, which are key elements of an asylum claim.
Nonimmigrant visa applicants who answer yes to either of the above questions or who decline to answer will be refused a nonimmigrant visa. The administration views this as evidence of an intent to seek asylum, which contradicts the temporary nature of nonimmigrant visa.
The new questions apply to all nonimmigrant categories, including B-1/B-2 visitors, J exchange visitors, F students and E, H, L, O, and P employment-based nonimmigrant visa applicants, among other nonimmigrant categories, as well as dependents of foreign nationals in any nonimmigrant category.
