Transcript Slide 1

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)
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?