Demystifying the

US Visa Process

US Department of State

US Consulate General Toronto

Presentation Topics

Visa Basics

Job Interviews

Academic Study

Internships

Employment

Application Process

Other Resources

Key Points

214(b) the assumption of immigrant intent

What to do if yoursquore a Canadian

Petition and non-petition based visa types

(what paperwork do I need)

Apply Early- donrsquot make travel plans until you have a visa

Whatrsquos a visa

A Visa is

a permit to apply for entry to the US

A Visa does NOT

guarantee entry into the United States

determine the length of time you may stay in the

United States

Whorsquos involved

US Department of State

US Department of Homeland Security

Formerly INS

Bureau of Customs and Border Protection (CBP)

Pearson International or any US border

A two-step dancehellip

The Department of State

consular officers conduct personal interviews

grants visas

The Department of Homeland Security

admits into US (the FINAL word)

limits the duration of stay in US

Alphabet Soup

Visitor for Business or Pleasure (B-1B-2)

Petition Based Visas

Student Visitors (F-1)

Exchange Visitors (J-1)

Foreign Workers (H-1B L-1 TN)

Note Above classifications and documentation

requirements are relevant for Canadian citizens

but they do not require visas

Job Interviews

B-1 visa is for temporary visitors for business (to

attend job interviews meetings workshops etc)

B-1 is sometimes issued along with a B-2 visa for

tourism (to visit Aunt Sally for Thanksgiving shop in

Buffalo take the kids to Disneyworld etc)

INA 214(b) applies ndash applicants must overcome the

assumption of immigrant intent

Bring documentation to interview that shows reason

for travel and your ties to your place of residence

Academic Study

F-1 visa is for student visitors attending an

institution of learning in the US

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

wwwfmjfeecom

INA 214(b) applies

Internships

J-1 visa is for exchange programs certain

internships or training programs

Sponsor institution or third party issues DS-2019

Participant must be registered in the SEVIS

database and present proof of payment

Must overcome INA 214(b)

J-1 visas and the ldquotwo-year rulerdquo

INA 212(e) ldquotwo-year rulerdquohellip ldquohome-country physical presencerdquo

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 US or home government

field on skills list for home country

particular programs with mandatory 212(e)

Employment ndash 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 bachelorrsquos

degree in the specialty or equivalent experience

Annual numerical caps

214(b) does not apply

Employment ndash H-1B Visa (continued)

Employerrsquos responsibility to complete the

petitioning process

Files I-129 Petition with US Department of

Homeland Security

Files Form ETA-9035 Labor Condition Application

with US Department of Labor

Receives I-797 approval form

Employeersquos responsibility to apply for the visa

Employment ndash L-1 Visa

For multinational businesses with specialized

managerial or executive employees assigned for

tours of duty at company offices abroad

To avoid delays that annual caps present

Employee must have worked outside the US

for the transferring organization for at least one

of the past three years and will continue to work

for that company a subsidiary or affiliate

Employer files a petition

Exempt from 214(b)

Employment ndash TN Status

NAFTA ldquovisasrdquo for citizens of Canada or Mexico

Must be for work in a designated professional occupation (see NAFTA handout) specific degreelicensing requirements apply

Need job offer letter and proof of qualifications

Canadian citizens may 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

Dependants of Non-Immigrant Visa

Holders (F-2 J-2 H-4 L-2 amp TD)

Dependants are spouses and children under 21

Must show legal proof of relationship

Principal applicant must be in status

B-2 if only for brief visits

F-2 J-2 need DS-2019 SEVIS registration

J-2 and L-2 may obtain work authorization by USCIS but F-2 H-4 and TD may not

May qualify on own for other types of visas

TD may be from any country

Procedures for Canadian Citizens

No visas ndash 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 or TN)

J-1 DS-2019 SEVIS registration amp fee receipt

TN job offer letter and proof of qualifications

Employment (H-1B L-1 or TN)

H-1B or L-1 I-797

TN job offer letter and proof of qualifications

Procedures for Non-Canadians

Gain admission or get hired

School or employer filesissues paperwork

Make an appointment for a visa interview

Prepare for interviewgather required items

Electronic application (DS-156 -157 -158)

$131 application fee plus possible reciprocity fees

Valid passport 6 months after travel date

Supporting documentation (as discussed)

Attend your visa interview at the Consulate

Complete Application Form Online

Visa application forms

available online via our

appointment scheduling

service at wwwnvarscom

or at travelstategov the

DS-160 must be completed

online and printed with bar

code follow the

instructions and bring your

completed forms to your

interview

Required as of Jan 1 2010

Presentation Topics

Visa Basics

Job Interviews

Academic Study

Internships

Employment

Application Process

Other Resources

Key Points

214(b) the assumption of immigrant intent

What to do if yoursquore a Canadian

Petition and non-petition based visa types

(what paperwork do I need)

Apply Early- donrsquot make travel plans until you have a visa

Whatrsquos a visa

A Visa is

a permit to apply for entry to the US

A Visa does NOT

guarantee entry into the United States

determine the length of time you may stay in the

United States

Whorsquos involved

US Department of State

US Department of Homeland Security

Formerly INS

Bureau of Customs and Border Protection (CBP)

Pearson International or any US border

A two-step dancehellip

The Department of State

consular officers conduct personal interviews

grants visas

The Department of Homeland Security

admits into US (the FINAL word)

limits the duration of stay in US

Alphabet Soup

Visitor for Business or Pleasure (B-1B-2)

Petition Based Visas

Student Visitors (F-1)

Exchange Visitors (J-1)

Foreign Workers (H-1B L-1 TN)

Note Above classifications and documentation

requirements are relevant for Canadian citizens

but they do not require visas

Job Interviews

B-1 visa is for temporary visitors for business (to

attend job interviews meetings workshops etc)

B-1 is sometimes issued along with a B-2 visa for

tourism (to visit Aunt Sally for Thanksgiving shop in

Buffalo take the kids to Disneyworld etc)

INA 214(b) applies ndash applicants must overcome the

assumption of immigrant intent

Bring documentation to interview that shows reason

for travel and your ties to your place of residence

Academic Study

F-1 visa is for student visitors attending an

institution of learning in the US

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

wwwfmjfeecom

INA 214(b) applies

Internships

J-1 visa is for exchange programs certain

internships or training programs

Sponsor institution or third party issues DS-2019

Participant must be registered in the SEVIS

database and present proof of payment

Must overcome INA 214(b)

J-1 visas and the ldquotwo-year rulerdquo

INA 212(e) ldquotwo-year rulerdquohellip ldquohome-country physical presencerdquo

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 US or home government

field on skills list for home country

particular programs with mandatory 212(e)

Employment ndash 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 bachelorrsquos

degree in the specialty or equivalent experience

Annual numerical caps

214(b) does not apply

Employment ndash H-1B Visa (continued)

Employerrsquos responsibility to complete the

petitioning process

Files I-129 Petition with US Department of

Homeland Security

Files Form ETA-9035 Labor Condition Application

with US Department of Labor

Receives I-797 approval form

Employeersquos responsibility to apply for the visa

Employment ndash L-1 Visa

For multinational businesses with specialized

managerial or executive employees assigned for

tours of duty at company offices abroad

To avoid delays that annual caps present

Employee must have worked outside the US

for the transferring organization for at least one

of the past three years and will continue to work

for that company a subsidiary or affiliate

Employer files a petition

Exempt from 214(b)

Employment ndash TN Status

NAFTA ldquovisasrdquo for citizens of Canada or Mexico

Must be for work in a designated professional occupation (see NAFTA handout) specific degreelicensing requirements apply

Need job offer letter and proof of qualifications

Canadian citizens may 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

Dependants of Non-Immigrant Visa

Holders (F-2 J-2 H-4 L-2 amp TD)

Dependants are spouses and children under 21

Must show legal proof of relationship

Principal applicant must be in status

B-2 if only for brief visits

F-2 J-2 need DS-2019 SEVIS registration

J-2 and L-2 may obtain work authorization by USCIS but F-2 H-4 and TD may not

May qualify on own for other types of visas

TD may be from any country

Procedures for Canadian Citizens

No visas ndash 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 or TN)

J-1 DS-2019 SEVIS registration amp fee receipt

TN job offer letter and proof of qualifications

Employment (H-1B L-1 or TN)

H-1B or L-1 I-797

TN job offer letter and proof of qualifications

Procedures for Non-Canadians

Gain admission or get hired

School or employer filesissues paperwork

Make an appointment for a visa interview

Prepare for interviewgather required items

Electronic application (DS-156 -157 -158)

$131 application fee plus possible reciprocity fees

Valid passport 6 months after travel date

Supporting documentation (as discussed)

Attend your visa interview at the Consulate

Complete Application Form Online

Visa application forms

available online via our

appointment scheduling

service at wwwnvarscom

or at travelstategov the

DS-160 must be completed

online and printed with bar

code follow the

instructions and bring your

completed forms to your

interview

Required as of Jan 1 2010

Key Points

214(b) the assumption of immigrant intent

What to do if yoursquore a Canadian

Petition and non-petition based visa types

(what paperwork do I need)

Apply Early- donrsquot make travel plans until you have a visa

Whatrsquos a visa

A Visa is

a permit to apply for entry to the US

A Visa does NOT

guarantee entry into the United States

determine the length of time you may stay in the

United States

Whorsquos involved

US Department of State

US Department of Homeland Security

Formerly INS

Bureau of Customs and Border Protection (CBP)

Pearson International or any US border

A two-step dancehellip

The Department of State

consular officers conduct personal interviews

grants visas

The Department of Homeland Security

admits into US (the FINAL word)

limits the duration of stay in US

Alphabet Soup

Visitor for Business or Pleasure (B-1B-2)

Petition Based Visas

Student Visitors (F-1)

Exchange Visitors (J-1)

Foreign Workers (H-1B L-1 TN)

Note Above classifications and documentation

requirements are relevant for Canadian citizens

but they do not require visas

Job Interviews

B-1 visa is for temporary visitors for business (to

attend job interviews meetings workshops etc)

B-1 is sometimes issued along with a B-2 visa for

tourism (to visit Aunt Sally for Thanksgiving shop in

Buffalo take the kids to Disneyworld etc)

INA 214(b) applies ndash applicants must overcome the

assumption of immigrant intent

Bring documentation to interview that shows reason

for travel and your ties to your place of residence

Academic Study

F-1 visa is for student visitors attending an

institution of learning in the US

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

wwwfmjfeecom

INA 214(b) applies

Internships

J-1 visa is for exchange programs certain

internships or training programs

Sponsor institution or third party issues DS-2019

Participant must be registered in the SEVIS

database and present proof of payment

Must overcome INA 214(b)

J-1 visas and the ldquotwo-year rulerdquo

INA 212(e) ldquotwo-year rulerdquohellip ldquohome-country physical presencerdquo

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 US or home government

field on skills list for home country

particular programs with mandatory 212(e)

Employment ndash 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 bachelorrsquos

degree in the specialty or equivalent experience

Annual numerical caps

214(b) does not apply

Employment ndash H-1B Visa (continued)

Employerrsquos responsibility to complete the

petitioning process

Files I-129 Petition with US Department of

Homeland Security

Files Form ETA-9035 Labor Condition Application

with US Department of Labor

Receives I-797 approval form

Employeersquos responsibility to apply for the visa

Employment ndash L-1 Visa

For multinational businesses with specialized

managerial or executive employees assigned for

tours of duty at company offices abroad

To avoid delays that annual caps present

Employee must have worked outside the US

for the transferring organization for at least one

of the past three years and will continue to work

for that company a subsidiary or affiliate

Employer files a petition

Exempt from 214(b)

Employment ndash TN Status

NAFTA ldquovisasrdquo for citizens of Canada or Mexico

Must be for work in a designated professional occupation (see NAFTA handout) specific degreelicensing requirements apply

Need job offer letter and proof of qualifications

Canadian citizens may 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

Dependants of Non-Immigrant Visa

Holders (F-2 J-2 H-4 L-2 amp TD)

Dependants are spouses and children under 21

Must show legal proof of relationship

Principal applicant must be in status

B-2 if only for brief visits

F-2 J-2 need DS-2019 SEVIS registration

J-2 and L-2 may obtain work authorization by USCIS but F-2 H-4 and TD may not

May qualify on own for other types of visas

TD may be from any country

Procedures for Canadian Citizens

No visas ndash 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 or TN)

J-1 DS-2019 SEVIS registration amp fee receipt

TN job offer letter and proof of qualifications

Employment (H-1B L-1 or TN)

H-1B or L-1 I-797

TN job offer letter and proof of qualifications

Procedures for Non-Canadians

Gain admission or get hired

School or employer filesissues paperwork

Make an appointment for a visa interview

Prepare for interviewgather required items

Electronic application (DS-156 -157 -158)

$131 application fee plus possible reciprocity fees

Valid passport 6 months after travel date

Supporting documentation (as discussed)

Attend your visa interview at the Consulate

Complete Application Form Online

Visa application forms

available online via our

appointment scheduling

service at wwwnvarscom

or at travelstategov the

DS-160 must be completed

online and printed with bar

code follow the

instructions and bring your

completed forms to your

interview

Required as of Jan 1 2010

Whatrsquos a visa

A Visa is

a permit to apply for entry to the US

A Visa does NOT

guarantee entry into the United States

determine the length of time you may stay in the

United States

Whorsquos involved

US Department of State

US Department of Homeland Security

Formerly INS

Bureau of Customs and Border Protection (CBP)

Pearson International or any US border

A two-step dancehellip

The Department of State

consular officers conduct personal interviews

grants visas

The Department of Homeland Security

admits into US (the FINAL word)

limits the duration of stay in US

Alphabet Soup

Visitor for Business or Pleasure (B-1B-2)

Petition Based Visas

Student Visitors (F-1)

Exchange Visitors (J-1)

Foreign Workers (H-1B L-1 TN)

Note Above classifications and documentation

requirements are relevant for Canadian citizens

but they do not require visas

Job Interviews

B-1 visa is for temporary visitors for business (to

attend job interviews meetings workshops etc)

B-1 is sometimes issued along with a B-2 visa for

tourism (to visit Aunt Sally for Thanksgiving shop in

Buffalo take the kids to Disneyworld etc)

INA 214(b) applies ndash applicants must overcome the

assumption of immigrant intent

Bring documentation to interview that shows reason

for travel and your ties to your place of residence

Academic Study

F-1 visa is for student visitors attending an

institution of learning in the US

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

wwwfmjfeecom

INA 214(b) applies

Internships

J-1 visa is for exchange programs certain

internships or training programs

Sponsor institution or third party issues DS-2019

Participant must be registered in the SEVIS

database and present proof of payment

Must overcome INA 214(b)

J-1 visas and the ldquotwo-year rulerdquo

INA 212(e) ldquotwo-year rulerdquohellip ldquohome-country physical presencerdquo

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 US or home government

field on skills list for home country

particular programs with mandatory 212(e)

Employment ndash 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 bachelorrsquos

degree in the specialty or equivalent experience

Annual numerical caps

214(b) does not apply

Employment ndash H-1B Visa (continued)

Employerrsquos responsibility to complete the

petitioning process

Files I-129 Petition with US Department of

Homeland Security

Files Form ETA-9035 Labor Condition Application

with US Department of Labor

Receives I-797 approval form

Employeersquos responsibility to apply for the visa

Employment ndash L-1 Visa

For multinational businesses with specialized

managerial or executive employees assigned for

tours of duty at company offices abroad

To avoid delays that annual caps present

Employee must have worked outside the US

for the transferring organization for at least one

of the past three years and will continue to work

for that company a subsidiary or affiliate

Employer files a petition

Exempt from 214(b)

Employment ndash TN Status

NAFTA ldquovisasrdquo for citizens of Canada or Mexico

Must be for work in a designated professional occupation (see NAFTA handout) specific degreelicensing requirements apply

Need job offer letter and proof of qualifications

Canadian citizens may 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

Dependants of Non-Immigrant Visa

Holders (F-2 J-2 H-4 L-2 amp TD)

Dependants are spouses and children under 21

Must show legal proof of relationship

Principal applicant must be in status

B-2 if only for brief visits

F-2 J-2 need DS-2019 SEVIS registration

J-2 and L-2 may obtain work authorization by USCIS but F-2 H-4 and TD may not

May qualify on own for other types of visas

TD may be from any country

Procedures for Canadian Citizens

No visas ndash 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 or TN)

J-1 DS-2019 SEVIS registration amp fee receipt

TN job offer letter and proof of qualifications

Employment (H-1B L-1 or TN)

H-1B or L-1 I-797

TN job offer letter and proof of qualifications

Procedures for Non-Canadians

Gain admission or get hired

School or employer filesissues paperwork

Make an appointment for a visa interview

Prepare for interviewgather required items

Electronic application (DS-156 -157 -158)

$131 application fee plus possible reciprocity fees

Valid passport 6 months after travel date

Supporting documentation (as discussed)

Attend your visa interview at the Consulate

Complete Application Form Online

Visa application forms

available online via our

appointment scheduling

service at wwwnvarscom

or at travelstategov the

DS-160 must be completed

online and printed with bar

code follow the

instructions and bring your

completed forms to your

interview

Required as of Jan 1 2010

Whorsquos involved

US Department of State

US Department of Homeland Security

Formerly INS

Bureau of Customs and Border Protection (CBP)

Pearson International or any US border

A two-step dancehellip

The Department of State

consular officers conduct personal interviews

grants visas

The Department of Homeland Security

admits into US (the FINAL word)

limits the duration of stay in US

Alphabet Soup

Visitor for Business or Pleasure (B-1B-2)

Petition Based Visas

Student Visitors (F-1)

Exchange Visitors (J-1)

Foreign Workers (H-1B L-1 TN)

Note Above classifications and documentation

requirements are relevant for Canadian citizens

but they do not require visas

Job Interviews

B-1 visa is for temporary visitors for business (to

attend job interviews meetings workshops etc)

B-1 is sometimes issued along with a B-2 visa for

tourism (to visit Aunt Sally for Thanksgiving shop in

Buffalo take the kids to Disneyworld etc)

INA 214(b) applies ndash applicants must overcome the

assumption of immigrant intent

Bring documentation to interview that shows reason

for travel and your ties to your place of residence

Academic Study

F-1 visa is for student visitors attending an

institution of learning in the US

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

wwwfmjfeecom

INA 214(b) applies

Internships

J-1 visa is for exchange programs certain

internships or training programs

Sponsor institution or third party issues DS-2019

Participant must be registered in the SEVIS

database and present proof of payment

Must overcome INA 214(b)

J-1 visas and the ldquotwo-year rulerdquo

INA 212(e) ldquotwo-year rulerdquohellip ldquohome-country physical presencerdquo

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 US or home government

field on skills list for home country

particular programs with mandatory 212(e)

Employment ndash 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 bachelorrsquos

degree in the specialty or equivalent experience

Annual numerical caps

214(b) does not apply

Employment ndash H-1B Visa (continued)

Employerrsquos responsibility to complete the

petitioning process

Files I-129 Petition with US Department of

Homeland Security

Files Form ETA-9035 Labor Condition Application

with US Department of Labor

Receives I-797 approval form

Employeersquos responsibility to apply for the visa

Employment ndash L-1 Visa

For multinational businesses with specialized

managerial or executive employees assigned for

tours of duty at company offices abroad

To avoid delays that annual caps present

Employee must have worked outside the US

for the transferring organization for at least one

of the past three years and will continue to work

for that company a subsidiary or affiliate

Employer files a petition

Exempt from 214(b)

Employment ndash TN Status

NAFTA ldquovisasrdquo for citizens of Canada or Mexico

Must be for work in a designated professional occupation (see NAFTA handout) specific degreelicensing requirements apply

Need job offer letter and proof of qualifications

Canadian citizens may 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

Dependants of Non-Immigrant Visa

Holders (F-2 J-2 H-4 L-2 amp TD)

Dependants are spouses and children under 21

Must show legal proof of relationship

Principal applicant must be in status

B-2 if only for brief visits

F-2 J-2 need DS-2019 SEVIS registration

J-2 and L-2 may obtain work authorization by USCIS but F-2 H-4 and TD may not

May qualify on own for other types of visas

TD may be from any country

Procedures for Canadian Citizens

No visas ndash 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 or TN)

J-1 DS-2019 SEVIS registration amp fee receipt

TN job offer letter and proof of qualifications

Employment (H-1B L-1 or TN)

H-1B or L-1 I-797

TN job offer letter and proof of qualifications

Procedures for Non-Canadians

Gain admission or get hired

School or employer filesissues paperwork

Make an appointment for a visa interview

Prepare for interviewgather required items

Electronic application (DS-156 -157 -158)

$131 application fee plus possible reciprocity fees

Valid passport 6 months after travel date

Supporting documentation (as discussed)

Attend your visa interview at the Consulate

Complete Application Form Online

Visa application forms

available online via our

appointment scheduling

service at wwwnvarscom

or at travelstategov the

DS-160 must be completed

online and printed with bar

code follow the

instructions and bring your

completed forms to your

interview

Required as of Jan 1 2010

A two-step dancehellip

The Department of State

consular officers conduct personal interviews

grants visas

The Department of Homeland Security

admits into US (the FINAL word)

limits the duration of stay in US

Alphabet Soup

Visitor for Business or Pleasure (B-1B-2)

Petition Based Visas

Student Visitors (F-1)

Exchange Visitors (J-1)

Foreign Workers (H-1B L-1 TN)

Note Above classifications and documentation

requirements are relevant for Canadian citizens

but they do not require visas

Job Interviews

B-1 visa is for temporary visitors for business (to

attend job interviews meetings workshops etc)

B-1 is sometimes issued along with a B-2 visa for

tourism (to visit Aunt Sally for Thanksgiving shop in

Buffalo take the kids to Disneyworld etc)

INA 214(b) applies ndash applicants must overcome the

assumption of immigrant intent

Bring documentation to interview that shows reason

for travel and your ties to your place of residence

Academic Study

F-1 visa is for student visitors attending an

institution of learning in the US

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

wwwfmjfeecom

INA 214(b) applies

Internships

J-1 visa is for exchange programs certain

internships or training programs

Sponsor institution or third party issues DS-2019

Participant must be registered in the SEVIS

database and present proof of payment

Must overcome INA 214(b)

J-1 visas and the ldquotwo-year rulerdquo

INA 212(e) ldquotwo-year rulerdquohellip ldquohome-country physical presencerdquo

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 US or home government

field on skills list for home country

particular programs with mandatory 212(e)

Employment ndash 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 bachelorrsquos

degree in the specialty or equivalent experience

Annual numerical caps

214(b) does not apply

Employment ndash H-1B Visa (continued)

Employerrsquos responsibility to complete the

petitioning process

Files I-129 Petition with US Department of

Homeland Security

Files Form ETA-9035 Labor Condition Application

with US Department of Labor

Receives I-797 approval form

Employeersquos responsibility to apply for the visa

Employment ndash L-1 Visa

For multinational businesses with specialized

managerial or executive employees assigned for

tours of duty at company offices abroad

To avoid delays that annual caps present

Employee must have worked outside the US

for the transferring organization for at least one

of the past three years and will continue to work

for that company a subsidiary or affiliate

Employer files a petition

Exempt from 214(b)

Employment ndash TN Status

NAFTA ldquovisasrdquo for citizens of Canada or Mexico

Must be for work in a designated professional occupation (see NAFTA handout) specific degreelicensing requirements apply

Need job offer letter and proof of qualifications

Canadian citizens may 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

Dependants of Non-Immigrant Visa

Holders (F-2 J-2 H-4 L-2 amp TD)

Dependants are spouses and children under 21

Must show legal proof of relationship

Principal applicant must be in status

B-2 if only for brief visits

F-2 J-2 need DS-2019 SEVIS registration

J-2 and L-2 may obtain work authorization by USCIS but F-2 H-4 and TD may not

May qualify on own for other types of visas

TD may be from any country

Procedures for Canadian Citizens

No visas ndash 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 or TN)

J-1 DS-2019 SEVIS registration amp fee receipt

TN job offer letter and proof of qualifications

Employment (H-1B L-1 or TN)

H-1B or L-1 I-797

TN job offer letter and proof of qualifications

Procedures for Non-Canadians

Gain admission or get hired

School or employer filesissues paperwork

Make an appointment for a visa interview

Prepare for interviewgather required items

Electronic application (DS-156 -157 -158)

$131 application fee plus possible reciprocity fees

Valid passport 6 months after travel date

Supporting documentation (as discussed)

Attend your visa interview at the Consulate

Complete Application Form Online

Visa application forms

available online via our

appointment scheduling

service at wwwnvarscom

or at travelstategov the

DS-160 must be completed

online and printed with bar

code follow the

instructions and bring your

completed forms to your

interview

Required as of Jan 1 2010

Alphabet Soup

Visitor for Business or Pleasure (B-1B-2)

Petition Based Visas

Student Visitors (F-1)

Exchange Visitors (J-1)

Foreign Workers (H-1B L-1 TN)

Note Above classifications and documentation

requirements are relevant for Canadian citizens

but they do not require visas

Job Interviews

B-1 visa is for temporary visitors for business (to

attend job interviews meetings workshops etc)

B-1 is sometimes issued along with a B-2 visa for

tourism (to visit Aunt Sally for Thanksgiving shop in

Buffalo take the kids to Disneyworld etc)

INA 214(b) applies ndash applicants must overcome the

assumption of immigrant intent

Bring documentation to interview that shows reason

for travel and your ties to your place of residence

Academic Study

F-1 visa is for student visitors attending an

institution of learning in the US

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

wwwfmjfeecom

INA 214(b) applies

Internships

J-1 visa is for exchange programs certain

internships or training programs

Sponsor institution or third party issues DS-2019

Participant must be registered in the SEVIS

database and present proof of payment

Must overcome INA 214(b)

J-1 visas and the ldquotwo-year rulerdquo

INA 212(e) ldquotwo-year rulerdquohellip ldquohome-country physical presencerdquo

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 US or home government

field on skills list for home country

particular programs with mandatory 212(e)

Employment ndash 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 bachelorrsquos

degree in the specialty or equivalent experience

Annual numerical caps

214(b) does not apply

Employment ndash H-1B Visa (continued)

Employerrsquos responsibility to complete the

petitioning process

Files I-129 Petition with US Department of

Homeland Security

Files Form ETA-9035 Labor Condition Application

with US Department of Labor

Receives I-797 approval form

Employeersquos responsibility to apply for the visa

Employment ndash L-1 Visa

For multinational businesses with specialized

managerial or executive employees assigned for

tours of duty at company offices abroad

To avoid delays that annual caps present

Employee must have worked outside the US

for the transferring organization for at least one

of the past three years and will continue to work

for that company a subsidiary or affiliate

Employer files a petition

Exempt from 214(b)

Employment ndash TN Status

NAFTA ldquovisasrdquo for citizens of Canada or Mexico

Must be for work in a designated professional occupation (see NAFTA handout) specific degreelicensing requirements apply

Need job offer letter and proof of qualifications

Canadian citizens may 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

Dependants of Non-Immigrant Visa

Holders (F-2 J-2 H-4 L-2 amp TD)

Dependants are spouses and children under 21

Must show legal proof of relationship

Principal applicant must be in status

B-2 if only for brief visits

F-2 J-2 need DS-2019 SEVIS registration

J-2 and L-2 may obtain work authorization by USCIS but F-2 H-4 and TD may not

May qualify on own for other types of visas

TD may be from any country

Procedures for Canadian Citizens

No visas ndash 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 or TN)

J-1 DS-2019 SEVIS registration amp fee receipt

TN job offer letter and proof of qualifications

Employment (H-1B L-1 or TN)

H-1B or L-1 I-797

TN job offer letter and proof of qualifications

Procedures for Non-Canadians

Gain admission or get hired

School or employer filesissues paperwork

Make an appointment for a visa interview

Prepare for interviewgather required items

Electronic application (DS-156 -157 -158)

$131 application fee plus possible reciprocity fees

Valid passport 6 months after travel date

Supporting documentation (as discussed)

Attend your visa interview at the Consulate

Complete Application Form Online

Visa application forms

available online via our

appointment scheduling

service at wwwnvarscom

or at travelstategov the

DS-160 must be completed

online and printed with bar

code follow the

instructions and bring your

completed forms to your

interview

Required as of Jan 1 2010

Job Interviews

B-1 visa is for temporary visitors for business (to

attend job interviews meetings workshops etc)

B-1 is sometimes issued along with a B-2 visa for

tourism (to visit Aunt Sally for Thanksgiving shop in

Buffalo take the kids to Disneyworld etc)

INA 214(b) applies ndash applicants must overcome the

assumption of immigrant intent

Bring documentation to interview that shows reason

for travel and your ties to your place of residence

Academic Study

F-1 visa is for student visitors attending an

institution of learning in the US

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

wwwfmjfeecom

INA 214(b) applies

Internships

J-1 visa is for exchange programs certain

internships or training programs

Sponsor institution or third party issues DS-2019

Participant must be registered in the SEVIS

database and present proof of payment

Must overcome INA 214(b)

J-1 visas and the ldquotwo-year rulerdquo

INA 212(e) ldquotwo-year rulerdquohellip ldquohome-country physical presencerdquo

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 US or home government

field on skills list for home country

particular programs with mandatory 212(e)

Employment ndash 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 bachelorrsquos

degree in the specialty or equivalent experience

Annual numerical caps

214(b) does not apply

Employment ndash H-1B Visa (continued)

Employerrsquos responsibility to complete the

petitioning process

Files I-129 Petition with US Department of

Homeland Security

Files Form ETA-9035 Labor Condition Application

with US Department of Labor

Receives I-797 approval form

Employeersquos responsibility to apply for the visa

Employment ndash L-1 Visa

For multinational businesses with specialized

managerial or executive employees assigned for

tours of duty at company offices abroad

To avoid delays that annual caps present

Employee must have worked outside the US

for the transferring organization for at least one

of the past three years and will continue to work

for that company a subsidiary or affiliate

Employer files a petition

Exempt from 214(b)

Employment ndash TN Status

NAFTA ldquovisasrdquo for citizens of Canada or Mexico

Must be for work in a designated professional occupation (see NAFTA handout) specific degreelicensing requirements apply

Need job offer letter and proof of qualifications

Canadian citizens may 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

Dependants of Non-Immigrant Visa

Holders (F-2 J-2 H-4 L-2 amp TD)

Dependants are spouses and children under 21

Must show legal proof of relationship

Principal applicant must be in status

B-2 if only for brief visits

F-2 J-2 need DS-2019 SEVIS registration

J-2 and L-2 may obtain work authorization by USCIS but F-2 H-4 and TD may not

May qualify on own for other types of visas

TD may be from any country

Procedures for Canadian Citizens

No visas ndash 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 or TN)

J-1 DS-2019 SEVIS registration amp fee receipt

TN job offer letter and proof of qualifications

Employment (H-1B L-1 or TN)

H-1B or L-1 I-797

TN job offer letter and proof of qualifications

Procedures for Non-Canadians

Gain admission or get hired

School or employer filesissues paperwork

Make an appointment for a visa interview

Prepare for interviewgather required items

Electronic application (DS-156 -157 -158)

$131 application fee plus possible reciprocity fees

Valid passport 6 months after travel date

Supporting documentation (as discussed)

Attend your visa interview at the Consulate

Complete Application Form Online

Visa application forms

available online via our

appointment scheduling

service at wwwnvarscom

or at travelstategov the

DS-160 must be completed

online and printed with bar

code follow the

instructions and bring your

completed forms to your

interview

Required as of Jan 1 2010

Academic Study

F-1 visa is for student visitors attending an

institution of learning in the US

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

wwwfmjfeecom

INA 214(b) applies

Internships

J-1 visa is for exchange programs certain

internships or training programs

Sponsor institution or third party issues DS-2019

Participant must be registered in the SEVIS

database and present proof of payment

Must overcome INA 214(b)

J-1 visas and the ldquotwo-year rulerdquo

INA 212(e) ldquotwo-year rulerdquohellip ldquohome-country physical presencerdquo

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 US or home government

field on skills list for home country

particular programs with mandatory 212(e)

Employment ndash 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 bachelorrsquos

degree in the specialty or equivalent experience

Annual numerical caps

214(b) does not apply

Employment ndash H-1B Visa (continued)

Employerrsquos responsibility to complete the

petitioning process

Files I-129 Petition with US Department of

Homeland Security

Files Form ETA-9035 Labor Condition Application

with US Department of Labor

Receives I-797 approval form

Employeersquos responsibility to apply for the visa

Employment ndash L-1 Visa

For multinational businesses with specialized

managerial or executive employees assigned for

tours of duty at company offices abroad

To avoid delays that annual caps present

Employee must have worked outside the US

for the transferring organization for at least one

of the past three years and will continue to work

for that company a subsidiary or affiliate

Employer files a petition

Exempt from 214(b)

Employment ndash TN Status

NAFTA ldquovisasrdquo for citizens of Canada or Mexico

Must be for work in a designated professional occupation (see NAFTA handout) specific degreelicensing requirements apply

Need job offer letter and proof of qualifications

Canadian citizens may 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

Dependants of Non-Immigrant Visa

Holders (F-2 J-2 H-4 L-2 amp TD)

Dependants are spouses and children under 21

Must show legal proof of relationship

Principal applicant must be in status

B-2 if only for brief visits

F-2 J-2 need DS-2019 SEVIS registration

J-2 and L-2 may obtain work authorization by USCIS but F-2 H-4 and TD may not

May qualify on own for other types of visas

TD may be from any country

Procedures for Canadian Citizens

No visas ndash 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 or TN)

J-1 DS-2019 SEVIS registration amp fee receipt

TN job offer letter and proof of qualifications

Employment (H-1B L-1 or TN)

H-1B or L-1 I-797

TN job offer letter and proof of qualifications

Procedures for Non-Canadians

Gain admission or get hired

School or employer filesissues paperwork

Make an appointment for a visa interview

Prepare for interviewgather required items

Electronic application (DS-156 -157 -158)

$131 application fee plus possible reciprocity fees

Valid passport 6 months after travel date

Supporting documentation (as discussed)

Attend your visa interview at the Consulate

Complete Application Form Online

Visa application forms

available online via our

appointment scheduling

service at wwwnvarscom

or at travelstategov the

DS-160 must be completed

online and printed with bar

code follow the

instructions and bring your

completed forms to your

interview

Required as of Jan 1 2010

Internships

J-1 visa is for exchange programs certain

internships or training programs

Sponsor institution or third party issues DS-2019

Participant must be registered in the SEVIS

database and present proof of payment

Must overcome INA 214(b)

J-1 visas and the ldquotwo-year rulerdquo

INA 212(e) ldquotwo-year rulerdquohellip ldquohome-country physical presencerdquo

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 US or home government

field on skills list for home country

particular programs with mandatory 212(e)

Employment ndash 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 bachelorrsquos

degree in the specialty or equivalent experience

Annual numerical caps

214(b) does not apply

Employment ndash H-1B Visa (continued)

Employerrsquos responsibility to complete the

petitioning process

Files I-129 Petition with US Department of

Homeland Security

Files Form ETA-9035 Labor Condition Application

with US Department of Labor

Receives I-797 approval form

Employeersquos responsibility to apply for the visa

Employment ndash L-1 Visa

For multinational businesses with specialized

managerial or executive employees assigned for

tours of duty at company offices abroad

To avoid delays that annual caps present

Employee must have worked outside the US

for the transferring organization for at least one

of the past three years and will continue to work

for that company a subsidiary or affiliate

Employer files a petition

Exempt from 214(b)

Employment ndash TN Status

NAFTA ldquovisasrdquo for citizens of Canada or Mexico

Must be for work in a designated professional occupation (see NAFTA handout) specific degreelicensing requirements apply

Need job offer letter and proof of qualifications

Canadian citizens may 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

Dependants of Non-Immigrant Visa

Holders (F-2 J-2 H-4 L-2 amp TD)

Dependants are spouses and children under 21

Must show legal proof of relationship

Principal applicant must be in status

B-2 if only for brief visits

F-2 J-2 need DS-2019 SEVIS registration

J-2 and L-2 may obtain work authorization by USCIS but F-2 H-4 and TD may not

May qualify on own for other types of visas

TD may be from any country

Procedures for Canadian Citizens

No visas ndash 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 or TN)

J-1 DS-2019 SEVIS registration amp fee receipt

TN job offer letter and proof of qualifications

Employment (H-1B L-1 or TN)

H-1B or L-1 I-797

TN job offer letter and proof of qualifications

Procedures for Non-Canadians

Gain admission or get hired

School or employer filesissues paperwork

Make an appointment for a visa interview

Prepare for interviewgather required items

Electronic application (DS-156 -157 -158)

$131 application fee plus possible reciprocity fees

Valid passport 6 months after travel date

Supporting documentation (as discussed)

Attend your visa interview at the Consulate

Complete Application Form Online

Visa application forms

available online via our

appointment scheduling

service at wwwnvarscom

or at travelstategov the

DS-160 must be completed

online and printed with bar

code follow the

instructions and bring your

completed forms to your

interview

Required as of Jan 1 2010

J-1 visas and the ldquotwo-year rulerdquo

INA 212(e) ldquotwo-year rulerdquohellip ldquohome-country physical presencerdquo

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 US or home government

field on skills list for home country

particular programs with mandatory 212(e)

Employment ndash 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 bachelorrsquos

degree in the specialty or equivalent experience

Annual numerical caps

214(b) does not apply

Employment ndash H-1B Visa (continued)

Employerrsquos responsibility to complete the

petitioning process

Files I-129 Petition with US Department of

Homeland Security

Files Form ETA-9035 Labor Condition Application

with US Department of Labor

Receives I-797 approval form

Employeersquos responsibility to apply for the visa

Employment ndash L-1 Visa

For multinational businesses with specialized

managerial or executive employees assigned for

tours of duty at company offices abroad

To avoid delays that annual caps present

Employee must have worked outside the US

for the transferring organization for at least one

of the past three years and will continue to work

for that company a subsidiary or affiliate

Employer files a petition

Exempt from 214(b)

Employment ndash TN Status

NAFTA ldquovisasrdquo for citizens of Canada or Mexico

Must be for work in a designated professional occupation (see NAFTA handout) specific degreelicensing requirements apply

Need job offer letter and proof of qualifications

Canadian citizens may 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

Dependants of Non-Immigrant Visa

Holders (F-2 J-2 H-4 L-2 amp TD)

Dependants are spouses and children under 21

Must show legal proof of relationship

Principal applicant must be in status

B-2 if only for brief visits

F-2 J-2 need DS-2019 SEVIS registration

J-2 and L-2 may obtain work authorization by USCIS but F-2 H-4 and TD may not

May qualify on own for other types of visas

TD may be from any country

Procedures for Canadian Citizens

No visas ndash 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 or TN)

J-1 DS-2019 SEVIS registration amp fee receipt

TN job offer letter and proof of qualifications

Employment (H-1B L-1 or TN)

H-1B or L-1 I-797

TN job offer letter and proof of qualifications

Procedures for Non-Canadians

Gain admission or get hired

School or employer filesissues paperwork

Make an appointment for a visa interview

Prepare for interviewgather required items

Electronic application (DS-156 -157 -158)

$131 application fee plus possible reciprocity fees

Valid passport 6 months after travel date

Supporting documentation (as discussed)

Attend your visa interview at the Consulate

Complete Application Form Online

Visa application forms

available online via our

appointment scheduling

service at wwwnvarscom

or at travelstategov the

DS-160 must be completed

online and printed with bar

code follow the

instructions and bring your

completed forms to your

interview

Required as of Jan 1 2010

Employment ndash 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 bachelorrsquos

degree in the specialty or equivalent experience

Annual numerical caps

214(b) does not apply

Employment ndash H-1B Visa (continued)

Employerrsquos responsibility to complete the

petitioning process

Files I-129 Petition with US Department of

Homeland Security

Files Form ETA-9035 Labor Condition Application

with US Department of Labor

Receives I-797 approval form

Employeersquos responsibility to apply for the visa

Employment ndash L-1 Visa

For multinational businesses with specialized

managerial or executive employees assigned for

tours of duty at company offices abroad

To avoid delays that annual caps present

Employee must have worked outside the US

for the transferring organization for at least one

of the past three years and will continue to work

for that company a subsidiary or affiliate

Employer files a petition

Exempt from 214(b)

Employment ndash TN Status

NAFTA ldquovisasrdquo for citizens of Canada or Mexico

Must be for work in a designated professional occupation (see NAFTA handout) specific degreelicensing requirements apply

Need job offer letter and proof of qualifications

Canadian citizens may 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

Dependants of Non-Immigrant Visa

Holders (F-2 J-2 H-4 L-2 amp TD)

Dependants are spouses and children under 21

Must show legal proof of relationship

Principal applicant must be in status

B-2 if only for brief visits

F-2 J-2 need DS-2019 SEVIS registration

J-2 and L-2 may obtain work authorization by USCIS but F-2 H-4 and TD may not

May qualify on own for other types of visas

TD may be from any country

Procedures for Canadian Citizens

No visas ndash 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 or TN)

J-1 DS-2019 SEVIS registration amp fee receipt

TN job offer letter and proof of qualifications

Employment (H-1B L-1 or TN)

H-1B or L-1 I-797

TN job offer letter and proof of qualifications

Procedures for Non-Canadians

Gain admission or get hired

School or employer filesissues paperwork

Make an appointment for a visa interview

Prepare for interviewgather required items

Electronic application (DS-156 -157 -158)

$131 application fee plus possible reciprocity fees

Valid passport 6 months after travel date

Supporting documentation (as discussed)

Attend your visa interview at the Consulate

Complete Application Form Online

Visa application forms

available online via our

appointment scheduling

service at wwwnvarscom

or at travelstategov the

DS-160 must be completed

online and printed with bar

code follow the

instructions and bring your

completed forms to your

interview

Required as of Jan 1 2010

Employment ndash H-1B Visa (continued)

Employerrsquos responsibility to complete the

petitioning process

Files I-129 Petition with US Department of

Homeland Security

Files Form ETA-9035 Labor Condition Application

with US Department of Labor

Receives I-797 approval form

Employeersquos responsibility to apply for the visa

Employment ndash L-1 Visa

For multinational businesses with specialized

managerial or executive employees assigned for

tours of duty at company offices abroad

To avoid delays that annual caps present

Employee must have worked outside the US

for the transferring organization for at least one

of the past three years and will continue to work

for that company a subsidiary or affiliate

Employer files a petition

Exempt from 214(b)

Employment ndash TN Status

NAFTA ldquovisasrdquo for citizens of Canada or Mexico

Must be for work in a designated professional occupation (see NAFTA handout) specific degreelicensing requirements apply

Need job offer letter and proof of qualifications

Canadian citizens may 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

Dependants of Non-Immigrant Visa

Holders (F-2 J-2 H-4 L-2 amp TD)

Dependants are spouses and children under 21

Must show legal proof of relationship

Principal applicant must be in status

B-2 if only for brief visits

F-2 J-2 need DS-2019 SEVIS registration

J-2 and L-2 may obtain work authorization by USCIS but F-2 H-4 and TD may not

May qualify on own for other types of visas

TD may be from any country

Procedures for Canadian Citizens

No visas ndash 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 or TN)

J-1 DS-2019 SEVIS registration amp fee receipt

TN job offer letter and proof of qualifications

Employment (H-1B L-1 or TN)

H-1B or L-1 I-797

TN job offer letter and proof of qualifications

Procedures for Non-Canadians

Gain admission or get hired

School or employer filesissues paperwork

Make an appointment for a visa interview

Prepare for interviewgather required items

Electronic application (DS-156 -157 -158)

$131 application fee plus possible reciprocity fees

Valid passport 6 months after travel date

Supporting documentation (as discussed)

Attend your visa interview at the Consulate

Complete Application Form Online

Visa application forms

available online via our

appointment scheduling

service at wwwnvarscom

or at travelstategov the

DS-160 must be completed

online and printed with bar

code follow the

instructions and bring your

completed forms to your

interview

Required as of Jan 1 2010

Employment ndash L-1 Visa

For multinational businesses with specialized

managerial or executive employees assigned for

tours of duty at company offices abroad

To avoid delays that annual caps present

Employee must have worked outside the US

for the transferring organization for at least one

of the past three years and will continue to work

for that company a subsidiary or affiliate

Employer files a petition

Exempt from 214(b)

Employment ndash TN Status

NAFTA ldquovisasrdquo for citizens of Canada or Mexico

Must be for work in a designated professional occupation (see NAFTA handout) specific degreelicensing requirements apply

Need job offer letter and proof of qualifications

Canadian citizens may 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

Dependants of Non-Immigrant Visa

Holders (F-2 J-2 H-4 L-2 amp TD)

Dependants are spouses and children under 21

Must show legal proof of relationship

Principal applicant must be in status

B-2 if only for brief visits

F-2 J-2 need DS-2019 SEVIS registration

J-2 and L-2 may obtain work authorization by USCIS but F-2 H-4 and TD may not

May qualify on own for other types of visas

TD may be from any country

Procedures for Canadian Citizens

No visas ndash 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 or TN)

J-1 DS-2019 SEVIS registration amp fee receipt

TN job offer letter and proof of qualifications

Employment (H-1B L-1 or TN)

H-1B or L-1 I-797

TN job offer letter and proof of qualifications

Procedures for Non-Canadians

Gain admission or get hired

School or employer filesissues paperwork

Make an appointment for a visa interview

Prepare for interviewgather required items

Electronic application (DS-156 -157 -158)

$131 application fee plus possible reciprocity fees

Valid passport 6 months after travel date

Supporting documentation (as discussed)

Attend your visa interview at the Consulate

Complete Application Form Online

Visa application forms

available online via our

appointment scheduling

service at wwwnvarscom

or at travelstategov the

DS-160 must be completed

online and printed with bar

code follow the

instructions and bring your

completed forms to your

interview

Required as of Jan 1 2010

Employment ndash TN Status

NAFTA ldquovisasrdquo for citizens of Canada or Mexico

Must be for work in a designated professional occupation (see NAFTA handout) specific degreelicensing requirements apply

Need job offer letter and proof of qualifications

Canadian citizens may 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

Dependants of Non-Immigrant Visa

Holders (F-2 J-2 H-4 L-2 amp TD)

Dependants are spouses and children under 21

Must show legal proof of relationship

Principal applicant must be in status

B-2 if only for brief visits

F-2 J-2 need DS-2019 SEVIS registration

J-2 and L-2 may obtain work authorization by USCIS but F-2 H-4 and TD may not

May qualify on own for other types of visas

TD may be from any country

Procedures for Canadian Citizens

No visas ndash 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 or TN)

J-1 DS-2019 SEVIS registration amp fee receipt

TN job offer letter and proof of qualifications

Employment (H-1B L-1 or TN)

H-1B or L-1 I-797

TN job offer letter and proof of qualifications

Procedures for Non-Canadians

Gain admission or get hired

School or employer filesissues paperwork

Make an appointment for a visa interview

Prepare for interviewgather required items

Electronic application (DS-156 -157 -158)

$131 application fee plus possible reciprocity fees

Valid passport 6 months after travel date

Supporting documentation (as discussed)

Attend your visa interview at the Consulate

Complete Application Form Online

Visa application forms

available online via our

appointment scheduling

service at wwwnvarscom

or at travelstategov the

DS-160 must be completed

online and printed with bar

code follow the

instructions and bring your

completed forms to your

interview

Required as of Jan 1 2010

Dependants of Non-Immigrant Visa

Holders (F-2 J-2 H-4 L-2 amp TD)

Dependants are spouses and children under 21

Must show legal proof of relationship

Principal applicant must be in status

B-2 if only for brief visits

F-2 J-2 need DS-2019 SEVIS registration

J-2 and L-2 may obtain work authorization by USCIS but F-2 H-4 and TD may not

May qualify on own for other types of visas

TD may be from any country

Procedures for Canadian Citizens

No visas ndash 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 or TN)

J-1 DS-2019 SEVIS registration amp fee receipt

TN job offer letter and proof of qualifications

Employment (H-1B L-1 or TN)

H-1B or L-1 I-797

TN job offer letter and proof of qualifications

Procedures for Non-Canadians

Gain admission or get hired

School or employer filesissues paperwork

Make an appointment for a visa interview

Prepare for interviewgather required items

Electronic application (DS-156 -157 -158)

$131 application fee plus possible reciprocity fees

Valid passport 6 months after travel date

Supporting documentation (as discussed)

Attend your visa interview at the Consulate

Complete Application Form Online

Visa application forms

available online via our

appointment scheduling

service at wwwnvarscom

or at travelstategov the

DS-160 must be completed

online and printed with bar

code follow the

instructions and bring your

completed forms to your

interview

Required as of Jan 1 2010

Procedures for Canadian Citizens

No visas ndash 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 or TN)

J-1 DS-2019 SEVIS registration amp fee receipt

TN job offer letter and proof of qualifications

Employment (H-1B L-1 or TN)

H-1B or L-1 I-797

TN job offer letter and proof of qualifications

Procedures for Non-Canadians

Gain admission or get hired

School or employer filesissues paperwork

Make an appointment for a visa interview

Prepare for interviewgather required items

Electronic application (DS-156 -157 -158)

$131 application fee plus possible reciprocity fees

Valid passport 6 months after travel date

Supporting documentation (as discussed)

Attend your visa interview at the Consulate

Complete Application Form Online

Visa application forms

available online via our

appointment scheduling

service at wwwnvarscom

or at travelstategov the

DS-160 must be completed

online and printed with bar

code follow the

instructions and bring your

completed forms to your

interview

Required as of Jan 1 2010

Procedures for Non-Canadians

Gain admission or get hired

School or employer filesissues paperwork

Make an appointment for a visa interview

Prepare for interviewgather required items

Electronic application (DS-156 -157 -158)

$131 application fee plus possible reciprocity fees

Valid passport 6 months after travel date

Supporting documentation (as discussed)

Attend your visa interview at the Consulate

Complete Application Form Online

Visa application forms

available online via our

appointment scheduling

service at wwwnvarscom

or at travelstategov the

DS-160 must be completed

online and printed with bar

code follow the

instructions and bring your

completed forms to your

interview

Required as of Jan 1 2010

Complete Application Form Online

Visa application forms

available online via our

appointment scheduling

service at wwwnvarscom

or at travelstategov the

DS-160 must be completed

online and printed with bar

code follow the

instructions and bring your

completed forms to your

interview

Required as of Jan 1 2010

Plan Ahead

Appointments filled 45 business days in advance

Most visas can be issued within 2-4 days but

some require months of processing

Typical reasons for processing delays are

mandatory administrative reviews and waivers of

ineligibilities

Every applicantrsquos situation is unique

An approval notice or interview appointment

does not guarantee the issuance of a visa

Key Points

214(b) the assumption of immigrant intent

What to do if yoursquore a Canadian

Petition and non-petition based visa types

(what paperwork do I need)

Apply Early- donrsquot make travel plans until you have a visa

Additional Resources

httpwwwtorontousconsulategov

httpwwwconsularcanadausembassygov

httptravelstategov

httpwwwnvarscom

httpwwwuscisgov

httpwwwicegovsevisindexhtm

httpexchangesstategoveducationjexchanges

see handout

Key Points

214(b) the assumption of immigrant intent

What to do if yoursquore a Canadian

Petition and non-petition based visa types

(what paperwork do I need)

Apply Early- donrsquot make travel plans until you have a visa

Additional Resources

httpwwwtorontousconsulategov

httpwwwconsularcanadausembassygov

httptravelstategov

httpwwwnvarscom

httpwwwuscisgov

httpwwwicegovsevisindexhtm

httpexchangesstategoveducationjexchanges

see handout

Additional Resources

httpwwwtorontousconsulategov

httpwwwconsularcanadausembassygov

httptravelstategov

httpwwwnvarscom

httpwwwuscisgov

httpwwwicegovsevisindexhtm

httpexchangesstategoveducationjexchanges

see handout

Canadians WHTI is here

As of June 1 2009 all Canadians and Americans are required to present

acceptable documentation to be allowed entry into the United States when

traveling by land air or sea Please plan to travel with one of the following

acceptable documents

- US or Canadian passport

- Enhanced Driverrsquos License (not yet in full production in NY or ON)

- Nexus or other Trusted Travel Program card

US Citizens only

Any US citizen residing in Ontario is welcome to obtain their passport

book or card at the US Consulate in Toronto It currently takes about three

weeks to receive the passport book and six weeks to receive the passport

card Information about required documents and appointments can be

found at our website under the US Citizen Services tab at

httptorontousconsulategov

Questions