Nonimmigrant visas are issued to foreign nationals who intend to enter the U.S. temporarily for specific purposes such as tourism, business, study, or temporary work. They generally do not allow the holder to pursue permanent residence in the U.S., although there are a few exceptions. Some of the most popular nonimmigrant visa categories are B-1/B-2, F-1, H-1B, L-1, and J-1.
Once you’ve determined which kind of nonimmigrant visa to apply for and, in some cases, getting approval to apply for that visa, you need to get the actual visa stamp in your passport. The visa is an intricate stamp placed in your passport that serves as your “ticket to enter” the U.S. The process can seem daunting, but follow these steps to apply for and receive the visa stamp as smoothly as possible.
Step 1 - DS-160
The DS-160 is an online form completed at https://ceac.state.gov/genniv/. Each nonimmigrant visa applicant, including their spouse and children, must complete their own DS-160. The form will ask for personal and biographic information, such as passport details, address, travel plans, employment, and education background. The application must be completed in English, but the website allows a user to access a feature to translate each question into a choice of languages. You should also be prepared to upload a passport-style photo. Photo requirements are strict and the requirements can be found here.
The DS-160 website can be finicky, so it’s recommended that you save the application ID when you start the form and click the “save” button frequently as you progress through the questions. If you have started the DS-160 well in advance, note that it is automatically deleted if not accessed for 30 days. Once you have submitted the form, make sure you save the Confirmation to bring with you to your future visa interview appointment.
Step 2 - Schedule the Visa Appointment
With a few exceptions, you will need to proactively schedule your visa interview appointment after submitting the DS-160. These appointments are scheduled with either a U.S. Embassy or Consulate. Different countries use different websites to schedule the visa appointment. Use the following website to locate your specific Embassy/Consulate to learn which system your Embassy/Consulate uses: https://www.usembassy.gov/. Whichever system you use, you will need to create an account, choose the appropriate visa category, and pay a fee. Once the fee is paid, you may schedule your appointment.
Your wait time for a visa interview will vary depending on which Embassy/Consulate you choose. Use this website to view approximate current wait times. Unfortunately, sometimes you will not have a choice of consular office, such as if your country only has one location. This is why it is key to plan well ahead of your intended travel.
Step 3 - Visa Interview
Each Embassy/Consulate has different instructions for interview protocol and documents to bring with you. These instructions will also vary depending on the kind of visa you require. In general, though, you will need a passport valid for six months past the intended date of entry to the U.S. and the DS-160 Confirmation page. For an H-1B, for example, you will also need the I-797 Approval Notice, the petition filed on your behalf (the I-129 plus Labor Condition Application), and the supporting education/experience documents that made you eligible for an H-1B. Family members who are coming on a dependent visa, such as an H-4, will need evidence (marriage certificate or birth certificate) verifying their relationship to the principal applicant.
If you have questions about which visa to request or how to apply for a visa, please don’t hesitate to contact me through the “Contact Us” link on my website or by emailing info@pdortegalaw.com.
