Demystifying the U.S. Visa Process. U.S. Department of State U.S. Consulate General Toronto

Transcription

1 Demystifying the U.S. Visa Process U.S. Department of State U.S. Consulate General Toronto

2 Presentation Topics Visa Basics Job Interviews Academic Study Internships Employment Application Process Other Resources

3 Key Points 214(b) the assumption of immigrant intent What to do if you re a Canadian Petition and non-petition based visa types (what paperwork do I need?) Apply Early- don t make travel plans until you have a visa!

4 What s a visa? A Visa is: a permit to apply for entry to the U.S. A Visa does NOT: guarantee entry into the United States determine the length of time you may stay in the United States

5 Who s involved? U.S. Department of State U.S. Department of Homeland Security Formerly INS Bureau of Customs and Border Protection (CBP) Pearson International or any U.S. border

6 A two-step dance The Department of State consular officers conduct personal interviews grants visas The Department of Homeland Security admits into U.S. (the FINAL word) limits the duration of stay in U.S.

7 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, L-1, TN) Note: Above classifications and documentation requirements are relevant for Canadian citizens, but they do not require visas.

8 Job Interviews B-1 visa is for temporary visitors for business (to attend job interviews, meetings, workshops, etc.) B-1 is sometimes issued along with a B-2 visa for tourism (to visit Aunt Sally for Thanksgiving, shop in Buffalo, take the kids to Disneyworld, etc.) INA 214(b) applies applicants must overcome the assumption of immigrant intent Bring documentation to interview that shows reason for travel and your ties to your place of residence

9 Academic Study F-1 visa is for student visitors attending an 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 INA 214(b) applies

10 Internships J-1 visa is for exchange programs, certain internships or training programs Sponsor institution or third party issues DS-2019 Participant must be registered in the SEVIS database and present proof of payment Must overcome INA 214(b)

11 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)

12 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

13 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

14 Employment L-1 Visa For multinational businesses with specialized, managerial or executive employees assigned for tours of duty at company offices abroad To avoid delays that annual caps present Employee must have worked outside the U.S. for the transferring organization for at least one of the past three years, and will continue to work for that company, a subsidiary or affiliate Employer files a petition Exempt from 214(b)

15 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 may 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

16 Dependants of Non-Immigrant Visa Holders (F-2, J-2, H-4, L-2 & TD) Dependants are spouses and children under 21 Must show legal proof of relationship Principal applicant must be in status B-2 if only for brief visits F-2, J-2 need DS-2019, SEVIS registration J-2 and L-2 may obtain work authorization by USCIS, but F-2, H-4 and TD may not May qualify on own for other types of visas TD may be from any country

17 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 or TN) J-1 DS-2019, SEVIS registration & fee receipt TN job offer letter and proof of qualifications Employment (H-1B, L-1 or TN) H-1B or L-1 I-797 TN job offer letter and proof of qualifications

18 Procedures for Non-Canadians Gain admission or get hired School or employer files/issues paperwork Make an appointment for a visa interview Prepare for interview/gather required items Electronic application (DS-156, -157, -158) $131 application fee plus possible reciprocity fees Valid passport 6 months after travel date Supporting documentation (as discussed) Attend your visa interview at the Consulate

19 Complete Application Form Online Visa application forms available online via our appointment scheduling service at or at travel.state.gov ; the DS-160 must be completed online and printed with bar code; follow the instructions and bring your completed forms to your interview. Required as of Jan 1, 2010

20 Plan Ahead Appointments filled 45 business days in advance Most visas can be issued within 2-4 days, 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

21 Key Points 214(b) the assumption of immigrant intent What to do if you re a Canadian Petition and non-petition based visa types (what paperwork do I need?) Apply Early- don t make travel plans until you have a visa!

22 Additional Resources see handout

23 Canadians: WHTI is here! As of June 1, 2009, all Canadians and Americans are required to present acceptable documentation to be allowed entry into the United States when traveling by land, air, or sea. Please plan to travel with one of the following acceptable documents: - U.S. or Canadian passport - Enhanced Driver s License (not yet in full production in NY or ON) - Nexus or other Trusted Travel Program card U.S. Citizens only: Any U.S. citizen residing in Ontario is welcome to obtain their passport book or card at the U.S. Consulate in Toronto. It currently takes about three weeks to receive the passport book and six weeks to receive the passport card. Information about required documents and appointments can be found at our website under the U.S. Citizen Services tab at:

24 Questions?