Department of State Implements New Screening Questions at U.S. Visa Interviews
The U.S. Department of State (DOS) issued a new internal cable on April 28, 2026, significantly changing how nonimmigrant visa applicants are questioned at U.S. embassies and consulates worldwide. Consular officers are now directed to ask all nonimmigrant visa applicants’ two specific asylum‑related questions at their visa interviews and to deny visas based on the applicants’ responses.
What are the Two Questions Asked?
DOS has instructed consular officers to verbally ask two mandatory questions during nonimmigrant visa interviews:
“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?”
If an applicant answers “yes” to either question—or refuses to answer—the visa will be denied.
Who is Affected?
The new directive applies broadly to all nonimmigrant visa categories, including but not limited to:
B‑1/B‑2 visitors
F‑1 students
J‑1 exchange visitors
E, H‑1B, L‑1, O, and P employment‑based visas
Dependents in all nonimmigrant categories
Why this Matters?
While consular officers have always evaluated ties to a home country and potential immigrant intent in interviews, this new policy represents a significant escalation in using asylum‑related screening at the visa stage.
Of particular concern:
The questions directly track the core elements of an asylum claim (past persecution and fear of future harm).
Applicants who answer “no” and later apply for asylum in the United States may face serious credibility challenges – fraud and/or willful misrepresentation.
Prior verbal statements at a visa interview may be used by USCIS Asylum Officers or Immigration Judges to support an adverse credibility finding and deny asylum in future cases.
A denied asylum claim based on false responses to the questions could lead to a denial on future applications or other immigration benefit requests. Issues of fraud and misrepresentation arise making the applicant inadmissible to the US.
Practical Implications for Employers and Individuals
Foreign nationals should be aware that indicating past harm or fear of return will result in immediate visa refusal.
Employers should anticipate increased visa denials and potential disruptions to global mobility, business travel, and onboarding.
Individuals with any history of persecution, political activity, or vulnerable status should seek legal advice before appearing for a visa interview.
This policy may disproportionately affect individuals who have legitimate asylum claims but also require temporary travel or employment authorization in the United States.
What Should You Do Now?
Given the seriousness of this development and its immediate implementation, advance legal guidance is critical. Visa applicants should not attend consular interviews without understanding the potential immigration consequences of their responses.
Our office is actively monitoring further guidance from DOS and AILA and advising clients on risk mitigation strategies, interview preparedness, and alternative immigration options.
If you have questions about how this policy may affect you, your employees, or your family members, please contact our office at nashwa@azroslaw.com and morgan@azroslaw.com