New Consular Interview Questions on Harm or Mistreatment: What Visa Applicants Should Expect

Recent reporting indicates that the U.S. Department of State has issued internal guidance instructing consular officers to ask all nonimmigrant visa applicants two new questions during visa interviews:

1. Whether the applicant has experienced harm or mistreatment in their country of nationality or last habitual residence; and
2. Whether the applicant fears harm or mistreatment upon return to that country.

According to available information, applicants must answer “no” to both questions for visa issuance to proceed. A “yes” response—or a refusal to answer—may result in visa refusal.

How this may affect business visa applicants

For most employment-based visa applicants (e.g., H-1B and L-1), these questions are not directly tied to the eligibility criteria for the visa classification. However, they are now part of the standard interview process and may impact outcomes. For example:

• Applicants subject to the nonimmigrant intent standard under INA § 214(b) (such as B-1/B-2, F-1, etc.) may face refusal if the officer determines the applicant does not meet that standard.
• H-1B and L-1 applicants, who are not subject to § 214(b), may instead receive a refusal under INA § 221(g) if additional review is required following these questions.

Why this matters

While these questions appear to be aimed at identifying potential asylum seekers, they introduce an additional layer of inquiry that all applicants should be prepared to address. Notably, the phrasing “harm or mistreatment” is broad and not clearly defined in this context, which may create uncertainty in how applicants interpret and respond during the interview. Responses provided during a visa interview are recorded in consular notes and may be referenced in future immigration proceedings or benefits applications.

As with any visa interview, preparation is an important component of the process. Given the scope and potential implications of these questions, applicants may wish to consult with immigration counsel in advance of a visa application or interview.

Claire Pratt © Jewell Stewart Pratt Beckerson & Carr PC 2026