Demystifying the U.S. Visa ProcessOAIE ConferenceMay 12, 2011

U.S. Department of State

U.S. Consulate General Toronto

Presented by Scott G. Feeken

Presentation Topics

Overview – Description of who we are and what we do

General visa statistics Visitor for business/pleasure (B1/B2) Students (F-1) Exchange Visitor Program (J-1) Employment (H-1B/NAFTA) Application/Administrative Process Additional resources/Questions?

Who we are and what we do

U.S. Department of State consular officers conduct personal interviews grants visas

U.S. Department of Homeland Security Bureau of Customs and Border Protection (CBP) Pearson International or any U.S. border Admits into U.S. (the FINAL word) Limits the duration of stay in U.S

General Visa Statistics

There are 7 U.S. Missions located across Canada

Toronto processes the highest non-immigrant visa workload in Mission Canada

Toronto processes approximately 60,000 visas per year, from roughly 170 different nationalities, including visitor, student and vocational visas

Alphabet Soup

Visitor for Business or Pleasure (B-1/B-2)

Petition Based Visas: Student Visitors (F-1) Exchange Visitors (J-1) Foreign Workers (H-1B, TN)

Note: Above classifications and documentation requirements are relevant for Canadian citizens, but they do not require visas.

Visitor for Business or Pleasure B-1/B2 visa is for temporary visitors for business or

pleasure (e.g. to attend job interviews, meetings, academic conferences/workshops, medical treatment, tourism, visiting family members.)

INA 214(b) applies – applicants must overcome the assumption of immigrant intent

Mandatory documentation = valid passport, passport quality photo, appointment letter, DS-160 bar code page

May bring documentation to interview that supports reason for travel and ties to your place of residence

Students

F-1 visa is for student visitors attending an academic institution of learning in the U.S.

School issues a signed I-20 to the student Student must register in the SEVIS database

and present proof of SEVIS fee payment SEVIS = Student and Exchange Visitor

Information System www.fmjfee.com

INA 214(b) applies

Exchange Visitor Program

J-1 visa is for exchange programs, including internships and the summer/work/travel programs

Program sponsor institution or third party issues DS-2019 and DS-7002 (Trainee/Internship Placement Plan)

Participant must be registered in the SEVIS database and present proof of payment

Must overcome INA 214(b)

J-1 visas and the “two-year rule” INA 212(e) “two-year rule”….

“home-country physical presence” reside in country of nationality or permanent

residence for two years before eligible to apply for H-1B, L-1, LPR status

also applies to J-2 dependents applies if:

funded by U.S. or home government field on skills list for home country particular programs with mandatory 212(e)

Employment – H-1B Visa

Temporary employment for up to 6 years in a specialty occupation requiring theoretical or practical application of highly specialized knowledge (extensions are possible)

Requires completion of at least a bachelor’s degree in the specialty or equivalent experience

Annual numerical caps 214(b) does not apply

Employment – H-1B Visa (continued) Employer’s responsibility to complete the

petitioning process: Files I-129 Petition with U.S. Department of

Homeland Security Files Form ETA-9035, Labor Condition Application

with U.S. Department of Labor Receives I-797 approval form

Employee’s responsibility to apply for the visa

Employment – TN Status

NAFTA “visas” for citizens of Canada or Mexico Must be for work in a designated professional

occupation (see NAFTA handout); specific degree/licensing requirements apply

Need job offer letter and proof of qualifications Canadian citizens must apply directly at the Port

of Entry without first obtaining a visa Mexican citizens need to apply for TN visa Admitted for a maximum of 3 years initially

Procedures for Canadian Citizens No visas – proceed to POE with passport and: Academic Study (F-1)

I-20, evidence of financial support Proof of SEVIS registration and fee payment

Internships (J-1) J-1 DS-2019/DS-7002, SEVIS registration & fee

receipt Employment (H-1B or TN)

H-1B I-797 TN job offer letter and proof of qualifications

Application Process

Gain admission or get hired School or employer files/issues paperwork Complete on-line application form (DS-160) at

https://ceac.state.gov/GENNIV/, Pay your application fee and make appointment for visa

interview at http://canada.usvisa-info.com/ Prepare for interview/gather required items

DS-160 Confirmation page with photo Possible reciprocity fees Valid passport 6 months after travel date Supporting documentation (as discussed)

Attend your visa interview at the Consulate

Administrative Process

Department of state committed to facilitate legitimate travel but must ensure that applicants are both qualified for the visa and do not pose a security risk to the United States

Refers to various additional checks that must be done before visa can be issued

Timing varies based on individual circumstance Applicant kept informed during process and

notified when review is completed

Plan Ahead

Appointments filled several weeks in advance Most visas can be processed within one week,

but some require months of processing Typical reasons for processing delays are

mandatory administrative reviews and waivers of ineligibilities

Every applicant’s situation is unique An approval notice or interview appointment

does not guarantee the issuance of a visa

Additional Resources

http://www.toronto.usconsulate.gov http://canada.usvisa-info.com/ http://travel.state.gov http://www.uscis.gov http://www.ice.gov/sevis/index.htm http://

exchanges.state.gov/jexchanges/faq.html#20 see handout

Questions?