Chapter 13 Consular Processing of Nonimmigrant Visas

• Jurisdiction: United States

Throughout the preceding chapters, we have reviewed a number of nonimmigrant visa categories. Most applicants must acquire visas before entering the United States in the nonimmigrant classifications mentioned thus far. The exceptions are generally limited to visitors using the Visa Waiver Program, Canadians entering at ports of entry along the U.S.-Canadian border, and individuals in the United States with expired visas who take short trips to contiguous countries and adjacent islands and re-enter using a process called automatic visa revalidation.

Go to http://www.usembassy.gov for links to all U.S. embassies and consulates.

This chapter covers visa processing of nonimmigrant visas at U.S. consulates worldwide. Visa processing at U.S. consulates is similar from consulate to consulate, though there are important variations. Every U.S. consulate now has a website and most have information on the specific requirements for nonimmigrant processing. The website typically includes information on the U.S. consulate’s hours of operation, how to schedule an appointment, how fees are to be paid, and how long visa processing normally takes.

Each U.S. consulate is part of the U.S. Department of State, which has centralized various parts of the nonimmigrant visa application process. There are important variations in the process depending on the type of visa being sought. As noted in the chapters on H-1B visas and O-1 visas, preliminary approval in those categories by U.S. Citizenship and Immigration Services (USCIS) is needed before one can apply for a visa at a U.S. consulate.

And for each type of visa classification, documentation specific to demonstrating qualification for that type of visa is necessary in addition to the general documentation needed for nonimmigrant visa processing. For example, physicians seeking J-1 visas need to present a Form DS-2019, Certificate of Eligibility for Exchange Visitor (J-1) Status, prepared by Educational Commission on Foreign Medical Graduates (ECFMG), as well as a contract or letter offer from the teaching hospital where the physician is going to train.

How do you start the nonimmigrant visa application process?

Each family member must submit a separate online DS-160 applica-tion at https://ceac.state.gov/genniv/; and after the form is submitted online, it must be printed out and brought to the U.S. consulate at the time of the interview.

Applicants begin the process by submitting Form DS-160, Nonimmigrant Visa Application, online.

What information is needed to complete the Form DS-160 application?

The Department of State recommends having the following documents and information available when completing the online application form:

- Passport;

- Travel itinerary, if travel arrangements have been made (this is especially important for visitor visa applications);

- Dates of your last five trips to the United States, for those who previously have been in the United States. The Department of State also may ask about other international trips in the last five years;

- Curriculum vita (the application may require information about work and education history);

- For J-1s, your Form DS-2019, which specifies your

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