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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?