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Demystifying the U.S. Visa Process OAIE Conference May 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)
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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