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

2. 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?

3. 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

4. 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

5. 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.

6. 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

7. 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
INA 214(b) applies
Canadians- same stuff, at border

8. 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)

9. 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)

10. 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

11. 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

12. 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

13. 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

14. Application Process Gain admission or get hired
School or employer files/issues paperwork
Complete on-line application form (DS-160) at
Pay your application fee and make appointment for visa interview at
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

15. 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

16. 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

17. Additional Resources http://www.toronto.usconsulate.gov
see handout

18. Questions?