FAQ - Non-Immigrant Visas
1) Do tourists or business visitors have to leave the country and reenter
after a nonimmigrant visa petition is approved?
This will depend on a variety of factors. In most cases it will be advisable
for the visitor to return home to wait for the visa petition approval, then
apply for the visa stamp at a local U.S. Consulate. If the individual entered
on the "Visa Waiver Program" (indicated by a green-colored I-94 entry card),
he or she MUST leave the U.S. and reenter in the new nonimmigrant work visa
category. When foreign nationals visit the U.S. as tourists or on business trips,
they have stated to the U.S. government that their intentions are to stay temporarily.
Therefore, it is not advisable to request to change status shortly after arrival
as it suggests that the statements made at the time of entry were not truthful.
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2) "Visa Waiver" entries.
Nationals of certain countries do not need to obtain visas for business visits
to the U.S. for 90 days or less for purposes acceptable in the B-1 category.
They may enter without a visa pursuant to the Visa Waiver Program. An individual
who enters the U.S. through this program is NOT eligible for an extension of
stay or change to a different status and MUST leave the U.S. within 90 days
of entering.
The ability to visit the U.S. without a visa is currently available to citizens
of the following countries: Andorra, Australia, Austria, Belgium, Brunei, Denmark,
Finland, France, Germany, Iceland, Ireland, Italy, Japan, Liechtenstein, Luxembourg,
Monaco, The Netherlands, New Zealand, Norway, Portugal, San Marino, Singapore,
Slovenia, Spain, Sweden, Switzerland, United Kingdom and Uruguay.
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3) How do I obtain a visa
stamp in my passport?
An initial visa stamp for a given nonimmigrant classification must be applied
for at a U.S. consulate in your home country. Some U.S. consulates may accept
nonimmigrant visa applications by third-country nationals (individuals who are
not citizens of the country in which the consulate is located) as a courtesy
to visitors to those countries. U.S. Consulates are not required to accept applications
by third-country nationals, and visa issuance is at the sole discretion of the
consular officers at the post. You should contact the appropriate American Consulate
or Embassy in advance to determine its application process and the current application
fee. You may also check the Department of State website at http://travel.state.gov/links.html.
Most consulates have instructive web pages.
Requirements vary for each Consulate but typically include:
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The original Notice of Action approving your employer's nonimmigrant
visa petition on your behalf
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A copy of the petition filed with USCIS
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Completed and signed Department of State form DS 156 (Nonimmigrant Visa
Application) which is available at the U.S. Embassy or Consulate or on its
website.
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Completed form DS-157 by male visa applicants between the ages of 16
and 45. Some consulates require all applicants to complete this form.
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Completed form DS-158 for all applicants for an F, M or J visa.
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A valid passport
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One passport-style photograph
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Appropriate filing fees
Reciprocity agreements between the U.S. and your country of nationality will
determine (1) the length of time your nonimmigrant visa stamp will be valid,
(2) the number of times you may enter the U.S. on the visa, and (3) the fees
charged for issuance of the visa.
Note that your passport should be valid for at least six months beyond the validity
period of the nonimmigrant visa petition. If it is valid for less than that
amount of time, you may not be admitted for the full period indicated on the
Notice of Action (Form I-797).
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4) What does my spouse or
child need to apply for a dependent visa stamp?
Your spouse or unmarried child(ren) under the age of 21 years may accompany
you in a dependent visa category (e.g., H-4 if you are in H-1B status, or L-2
if you are in L-1 status) by making their own visa applications at a U.S. Consulate.
If your family members are applying with you, required documentation typically
includes:
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Marriage Certificate (to show relationship of you and your spouse)
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Birth Certificate (for a dependent child)
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Completed and signed Optional Form 156 (Nonimmigrant Visa Application)
which is available at the U.S. Embassy or Consulate
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Valid passport
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One passport-style photograph
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Appropriate filing fees for the U.S. Consulate. (This fee differs for
each consulate.)
If your family members are NOT applying with you, required documentation
additionally includes:
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5) If I wish
to visit a U.S. Consulate in Canada or Mexico to obtain a U.S. visa in my passport,
how can I schedule an interview appointment?
Call the following number to schedule an interview appointment with any U.S.
Consulate in Canada or Mexico: 900-443-3131 (this is a toll call). Alternatively,
you can schedule an appointment through the Internet by going to: http://www.nvars.com which also shows an
updated list of necessary documents for the visa application. General information
about applying for a visa in Canada or Mexico is available at http://travel.state.gov.
Please note that Canadian and Mexican consulates accept nonimmigrant visa
applications by third-country nationals (individuals who are not citizens of
Canada or Mexico) as a courtesy. They are not required to accept or process
applications by third-country nationals, and visa issuance is at the sole discretion
of the consular officers at the post. In addition, note that as a third country
national you may need a visa to enter Canada or Mexico.
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6) If I have a valid nonimmigrant
visa in my passport, what do I need in order to reenter the U.S. after traveling
internationally?
Your valid visa stamp in your passport should be sufficient, but you may
wish to also carry a copy of the Notice of Action (Form I-797). The visa stamp
shows that the U.S. State Department has determined that you may be admitted
to the U.S. in a particular visa status, and the USCIS approval notice (Form
I-797) is evidence of the maximum period for which you may be admitted.
All foreign nationals are issued a new I-94 card at each entry to the United
States (with the exception of entries after visits to Canada or Mexico for periods
of less than 30 days or for Canadian nationals entering the U.S.) The USCIS
officer who admits you to the U.S. will stamp your I-94 card with entry and
expiration dates. Please take a moment to check the dates on the I-94 card issued
to you upon each readmission to the U.S. The expiration date on the I-94 card
will govern your valid period of stay and employment authorization in the United
States.
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7) How do I revalidate my
multiple-entry visa in my passport if it is expired or about to expire?
You can revalidate your multiple-entry visa by traveling outside
the U.S. Under rules in effect as a result of the events of September 11, 2001,
you must apply for revalidation at an American Consulate or Embassy prior to
your return (see application process discussed above).
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8) What happens if my nonimmigrant
status expires (as evidenced by my I-94 card)?
Unless a request for extension or change of your status is pending, you will
be out of status and should leave the U.S.
If you are not eligible for further extensions of your current nonimmigrant
visa status, are not eligible for a different nonimmigrant classification, and
have not yet reached the final stage (Form I-485) of the green card process,
then you will no longer be authorized to remain in the U.S.
If you overstay the period noted on your I-94 card by even one day, you could
be subject to a requirement to return to your home country to obtain all future
nonimmigrant visas (i.e., you may not obtain any future nonimmigrant visa in
any U.S. consulate other than the one in your home country, and may not file
for reissuance of a visa stamp by mail through the Department of State.) In
addition, if you overstay your I-94 card by 180 days or more, then leave the
U.S., you could be subject to a three-year bar to reentering the U.S.; an overstay
of more than one year could subject you to a ten-year bar to reentry. Thus,
it is absolutely critical that you monitor the expiration date of the I-94 cards
for yourself and your family members.
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9) My passport is about
to expire. How do I get it extended?
You will need to contact the consulate of your home country to inquire about
the extension process.
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10) What is Premium Processing
and how do I use it?
Premium Processing Service allows U.S. businesses to pay a $1,000 fee in exchange
for the 15-business day processing of their petitions and applications. USCIS
guarantees that within 15 days USCIS will issue either an approval notice, a
notice of intent to deny, a request for evidence or a notice of investigation
for fraud or misrepresentation. If the USCIS fails to process the petition within
15 days, it will refund the $1,000 to the company and continue to process the
petition as part of the Premium processing Service. In addition to expedited
processing, companies who participate in the program may use a dedicated phone
number and e-mail address to check on the status of their petition or ask any
other questions they may have concerning their petition.
USCIS has designated various forms for Premium Processing. Classifications,
including the Form I-129 and the Form I-140. The category of nonimmigrant and
immigrant visas eligible for premium processing include:
Nonimmigrant Visas
- E-1 Treaty Trader
- E-2 Treaty Investor
- H-1B Temporary Worker in Specialty Occupation
- H-2A Agricultural Worker
- H-2B Temporary Worker
- H-3 Trainee
- L-1 Intra-company Transferee
- O-1 and O-2 Aliens of Extraordinary Ability or Achievement
- P-1, P-2 and P-3 Athletes and Entertainers
- Q-1 International Cultural Exchange Aliens
- R-1 Temporary Worker in Religious Occupations
- TN NAFTA Professional
Immigrant Visas
Employment Based First, Second and Third preference categories
USCIS will continue to review the program and assess its ability to incorporate
other employment-based petitions and applications into the program.
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11) I just returned from
the United States and discovered that I did not turn in my I-94W Departure Record
(usually a green form stapled inside the passport) before departure. What should
I do?
If you returned home with your Department of Homeland Security (United States
Citizenship and Immigration Services (USCIS)) departure record Form I-94 (white)
or Form I-94W (green) in your passport, it means that your departure was not
recorded properly. It is your responsibility to correct this record. You must
provide the United States Citizenship and Immigration Services (USCIS) sufficient
information so we can record your timely departure from the United States. This
will close out your earlier record of arrival to this country.
If you do not validate a timely departure from the United States, or if you
cannot reasonably prove otherwise when you next apply for admission to the United
States, the United States Citizenship and Immigration Services (USCIS) may conclude
you remained in the United States beyond your authorized stay. If this happens,
the next time you apply to enter the United States, your visa may be subject
to cancellation or you may be returned immediately to your foreign point of
origin.
In particular, visitors who remain beyond their permitted stay in the United
States under the Visa Waiver Program cannot reenter the United States in the
future without obtaining a visa from a United States Consulate. If this occurs
and you arrive at a United States port-of-entry seeking admission under the
Visa Waiver Program without a visa, United States immigration officers may order
your immediate return to a foreign point of origin.
To validate departure, the United States Citizenship and Immigration Services
(USCIS) will consider a variety of information, including, but not limited to:
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Original boarding passes you used to depart the United States
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Photocopies of entry or departure stamps in your passport indicating
entry to another country after you departed the United States (you should
copy all passport pages that are not completely blank, and include the biographical
page containing your photograph.), and
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Photocopies of other supporting evidence, such as:
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Dated pay slips or vouchers from your employer to indicate you worked
in another country after you departed the United States
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Dated bank records showing transactions to indicate you were in another
country after you left the United States
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School records showing attendance at a school outside the United States
to indicate you were in another country after you left the United States
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Dated credit card receipts, showing your name, but, the credit card number
deleted, for purchases made after you left the United States to indicate
you were in another country after leaving the United States
Your statement will not be acceptable without supporting evidence such as
noted above.
You must mail legible copies or original materials where possible. If you send
original materials, you should retain a copy. The United States Citizenship
and Immigration Services (USCIS) cannot return original materials after processing.
To help us understand the situation and correct your records quickly, please
include an explanation letter in English. You must send your letter and enclosed
information only to the following address:
ACS - United States Citizenship and Immigration Services (USCIS) SBU
P.O. Box 7125
London, KY 40742-7125
USA
Do not mail your departure Form I-94 or supporting information to any United
States Consular Section or Embassy, to any other United States Citizenship and
Immigration Services (USCIS) office in the United States, or to any address
other than the one above. Only at this location are we able to make the necessary
corrections to United States Citizenship and Immigration Services (USCIS) records
to prevent inconvenience to you in the future.
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