Applying for a Visa at a U.S. Embassy/Consulate

A nonimmigrant petition approval by USCIS enables an individual to be granted nonimmigrant “status” (e.g., H-1B, O-1, L-1, etc.) in the U.S., but it does not in itself serve as a “visa” for purposes of international travel. Once the petition is approved and USCIS issues a Form I-797 Notice of Approval, an individual must obtain a visa foil – or “stamp” - in his or her passport in order to enter the U.S. from abroad. Presently, this visa foil can only be issued at a U.S. Consulate in your country of nationality or residence, following a personal interview with a Consular Officer.

Due to wait times and processing backlogs at U.S. consulates, we advise that you begin the process of scheduling your visa interview appointment before you finalize your travel plans to the United States. You may find estimated current visa appointment wait times at your U.S. consulate at: https://travel.state.gov/content/travel/en/us-visas/visa-informationresources/wait-times.html. Please note that you will not be able to enter the U.S. until 10 days prior to the start date on your Form I-797 Notice of Approval.

DS-160 Online Nonimmigrant Visa Application

To apply for a nonimmigrant visa foil, you will first need to fill out a DS-160 Visa Application Form online and upload a digitized photo to the DS-160 website. Please review and follow the procedures for completing the online DS-160 and instructions for uploading the digital photo at: https://travel.state.gov/content/travel/en/us-visas/visa-informationresources/photos.html. You can complete the application at: https://ceac.state.gov/genniv/. Note that the intended date of arrival on the DS-160 is tentative and is not binding.

We recommend that all applicants carefully review their public social media profiles and information posted on social media outlets for any personal or professional details or posts that might be misunderstood or misinterpreted.

Scheduling Your Visa Interview

After you have submitted your DS-160, you may schedule your visa interview on the U.S. Consulate’s scheduling website. Each U.S. Consulate maintains its own visa processing procedures. We encourage you to visit the website of the U.S. Consulate where you plan to apply and review the visa process and procedures, including how to schedule an appointment. Note that any family members who will be applying for a visa foil with you will need to be added on the scheduling website to ensure they are scheduled in the same appointment as you.

You will typically be required to pay a Nonimmigrant Visa Fee on the Consulate’s scheduling website to schedule your visa interview. After you have paid the fees, you will be able to view the available appointments at your Consulate and schedule your appointment.

Note that you can schedule your appointment at a different U.S. Consulate than the one indicated on your DS-160, provided that it is in your country of nationality or residence. The U.S. Consulate at which you conduct your interview can access your DS-160 using the barcode on your DS-160 confirmation page.

The Visa Interview

You will need to bring the following to your nonimmigrant visa interview:

1. Form I-797 Approval Notice (you may provide a copy of the Approval Notice);
2. Visa Interview Appointment confirmation page;
3. Form DS-160 confirmation page;
4. Valid passport (please note that your passport should be valid for six months beyond your proposed period of authorized stay in the U.S.);
5. Copy of the nonimmigrant visa petition (a link to download a digital copy of the petition will be provided to you by email when the petition has been approved);
6. Original academic and professional qualifications (e.g. diplomas, transcripts, certificates, licenses, as applicable); and
7. If family members are applying, original Marriage Certificate (for spousal visa application) or Birth Certificate (for child’s visa application) to demonstrate relationship to primary visa applicant.

For the interview, you will enter the U.S. consulate and meet with a consular officer. The consular officer will ask questions to confirm your nonimmigrant status eligibility. Please review your nonimmigrant visa petition to be ready to answer questions about it.

At the conclusion of the interview, the interviewer will:

A. State that your visa has been approved and will be processed. Visa processing can take some time, your passport will be held, and will be returned containing a nonimmigrant visa foil;

B. Note any deficiencies in your application and give guidance so that you can provide the requested information or documentation;

C. Note that your case will be placed in administrative processing and provide guidance on whether any additional information needs to be provided; or,

D. Deny your visa application (typically due to a major issue of inadmissibility such as a criminal history). You may be eligible for a waiver if your application is denied.

Entering the United States

If your visa is approved, you will receive your passport via the method of delivery selected when you scheduled the visa appointment. Upon receipt of the visa foil, you may travel to the U.S. and request admission in your visa category. Your admission to the United States is still discretionary, and your visa foil does not guarantee entry if you have past immigration violations or a criminal history that render you inadmissible.

Upon entry to the United States, kindly provide us with a copy of your visa foil and I-94 admission record, which is accessible at https://i94.cbp.dhs.gov/.

Accompanying Family Members

Your family members (spouse and children under the age of 21) can use your Form I-797 Notice of Approval to apply for their respective dependent visas at the U.S. Consulate. They can either apply for a visa with you or do so at a later date. Each family member must complete his or her own DS-160 ahead of scheduling the visa interview. Please refer to the Visa Interview section above for a list of documents that your family members will need to bring to their nonimmigrant visa interview.

We look forward to working with you. If you have any further questions about the process or feel that you need additional preparation for your visa interview, you may schedule a formal consultation at info@sostrin.com.

Disclaimer: This advisory is solely informational and does not constitute direct legal advice. Please contact Sostrin Immigration Lawyers, LLP for specific immigration related legal guidance.