Visiting, Working, and Studying in the U.S.

Lauren DerebeyLauren DerebeyVice ConsulVice Consul

Visiting, Working, and Visiting, Working, and Studying in the U.S.Studying in the U.S.

U.S. Consulate General - VancouverU.S. Consulate General - Vancouver

VISITING AS A TOURIST• THE MAJORITY OF VISA APPLICANTS ARE

SEEKING A TOURIST VISA• PURPOSE OF TOURIST VISA: BUSINESS OR

PLEASURE• EXAMPLES: VACATION, SHOPPING TRIPS,

VISITING POTENTIAL UNIVERSITIES, ATTENDING JOB INTERVIEWS, CONFERENCES.

QUALIFYING FOR A TOURIST VISA

• A residence abroad that you don’t intend to abandon

• Intent for a temporary visit to the United States

• Financial ability to pay for your trip

APPLY ONLINE AND INTERVIEW AT CONSULATE

Canadians and Visa Waiver Program Canadians and Visa Waiver Program participantsparticipants• You don’t need a visa to visit the

United States• You need a visa to work in the United

States, but you can apply for the visa at the border.

Obtaining an employment visaObtaining an employment visa

1.1. Find a job and an employer in the U.S. Find a job and an employer in the U.S. 2.2. Have your U.S. employer petition for your Have your U.S. employer petition for your

employment through U.S. Department of employment through U.S. Department of Homeland Security (DHS)Homeland Security (DHS)

3.3. Once you obtain your approved petition, Once you obtain your approved petition, set an appointment for visa interviewset an appointment for visa interview

4.4. Attend visa interviewAttend visa interview

U.S. Consulate General - VancouverU.S. Consulate General - Vancouverhttp://vancouver.usconsulate.govhttp://vancouver.usconsulate.gov

H visas – Skilled workers• H-1B workersH-1B workers

− Workers with specialized skills (engineers, Workers with specialized skills (engineers, computer professionals, and so on) computer professionals, and so on)

− Must have Bachelor’s degree or higherMust have Bachelor’s degree or higher− Total period of stay no more than six yearsTotal period of stay no more than six years

L visa – Intracompany transfer• Petitioner is same company for whom you Petitioner is same company for whom you

are employed abroadare employed abroad• You are a manager or executive, or have You are a manager or executive, or have

specialized knowledge, and are taking a specialized knowledge, and are taking a managerial or executive position or a managerial or executive position or a position requiring specialized knowledgeposition requiring specialized knowledge

• You must have one year prior continuous You must have one year prior continuous qualifying experience within the previous qualifying experience within the previous three yearsthree years

J-1 – Exchange visitor• Accepted into designated exchange visitor Accepted into designated exchange visitor

programprogram• Financial ability to pay for expensesFinancial ability to pay for expenses• Adequate English language abilityAdequate English language ability• Intend to return to country of residenceIntend to return to country of residence• Qualified for programQualified for program• Two-year rule may applyTwo-year rule may apply


B-1 – Temporary visitor for business• Engage in commercial transactions which Engage in commercial transactions which

do not involve employment in the U.S.do not involve employment in the U.S.• Negotiate contractsNegotiate contracts• Consult with business associatesConsult with business associates• LitigateLitigate• Participate in scientific, educational, Participate in scientific, educational,

professional or business conventions, professional or business conventions, conferences or seminarsconferences or seminars

• Undertake independent researchUndertake independent research


Qualifying for an employment Qualifying for an employment visavisa• Are you qualified for the position?Are you qualified for the position?

− Bring your degree, transcripts, etc to prove Bring your degree, transcripts, etc to prove you doyou do

• Does the position you have been offered Does the position you have been offered qualify as a specialty skill job?qualify as a specialty skill job?

• Will you be likely to be paid as petitioned?Will you be likely to be paid as petitioned?− Bring your employer’s labor certificationBring your employer’s labor certification


Studying in the Studying in the United StatesUnited States


What kind of study visa do I What kind of study visa do I need?need?• F1 – for academic studyF1 – for academic study

− College, university, seminary, conservatory, College, university, seminary, conservatory, or other academic institution or in a or other academic institution or in a language training programlanguage training program

• J1 – for exchange programsJ1 – for exchange programs− Work/travel, au pair, company/medical Work/travel, au pair, company/medical

internship, or academic researchinternship, or academic research


Qualifying for an F1 / J1 visas• Students are required to demonstrate:Students are required to demonstrate:

− Intent to return to their country of Intent to return to their country of residence upon completion of their residence upon completion of their studiesstudies

−Financial ability to pay for schooling Financial ability to pay for schooling (tuition plus expenses)(tuition plus expenses)

−Commitment to full-time course of study Commitment to full-time course of study −English language abilityEnglish language ability−CONSULT WITH YOUR SCHOOL CONSULT WITH YOUR SCHOOL

ADVISORS!!!!ADVISORS!!!!


Can I stay in the U.S. after I graduate?• You may apply for one year work permission You may apply for one year work permission

(Optional Practical Training) for employment (Optional Practical Training) for employment in your field after you graduate. Students in in your field after you graduate. Students in some fields may be able to apply for longer some fields may be able to apply for longer employment authorization. Discuss with your employment authorization. Discuss with your student advisor.student advisor.

• Beyond OPT, you must obtain an Beyond OPT, you must obtain an employment-based visa or immigrant visa.employment-based visa or immigrant visa.

• The J visa may require that you return to your The J visa may require that you return to your country of residence for a period of 2 years country of residence for a period of 2 years before you can apply for certain work-based before you can apply for certain work-based or fiancee visas.or fiancee visas.


Can spouses or children also Can spouses or children also work or study in the U.S. ?work or study in the U.S. ?• F1:F1:

− Dependents and spouses cannot workDependents and spouses cannot work− Children of F1 applicants MAY study full-timeChildren of F1 applicants MAY study full-time− Spouses cannot study full-time unless they Spouses cannot study full-time unless they

qualify for an F1 visa in their own right.qualify for an F1 visa in their own right.• J1 dependents may work if authorized by J1 dependents may work if authorized by

DHSDHS


Can I work while I’m a student?Can I work while I’m a student?• On an F1 visa, you can:On an F1 visa, you can:

− work on-campus for up to 20 hours a week work on-campus for up to 20 hours a week while school is in sessionwhile school is in session

− work off-campus for up to 20 hours a week work off-campus for up to 20 hours a week in a position related to your field of study in a position related to your field of study during subsequent years of study IF you during subsequent years of study IF you have been authorized by the designated have been authorized by the designated school official; full time employment may be school official; full time employment may be authorized during academic breaks. Talk to authorized during academic breaks. Talk to your advisor!your advisor!

• However, on an F1 visa, you may NOT: However, on an F1 visa, you may NOT: − continue to work on-campus after you have continue to work on-campus after you have

completed your course of studycompleted your course of study

Applying for a visaApplying for a visa


How to apply for a visaHow to apply for a visa• Make an appointment:Make an appointment:

− http://www.usvisa-info.com/en/selfservice/http://www.usvisa-info.com/en/selfservice/− 604-800-0917 (Vancouver)604-800-0917 (Vancouver)− 877-341-2441 (toll free)877-341-2441 (toll free)

• Pay the MRV feePay the MRV fee• Attend the interview Attend the interview • Please plan ahead; you may not get an Please plan ahead; you may not get an

appointment immediatelyappointment immediately


• DS-160 formDS-160 form• Proper form (I-797, DS-2019, I-20)Proper form (I-797, DS-2019, I-20)• Passport and photoPassport and photo• Proof of legal status in CanadaProof of legal status in Canada• For complete list: For complete list: http://www.consular.canada.usembassy.gov/usa_visa.asp

What to bring to the visa What to bring to the visa interviewinterview


What to expect at the ConsulateWhat to expect at the Consulate• Be prepared to answer questions about Be prepared to answer questions about

your qualifications and abilities. Your your qualifications and abilities. Your documents alone are not enough.documents alone are not enough.

• BE HONEST!BE HONEST!• Some applicants will require additional Some applicants will require additional

administrative processing which can take administrative processing which can take days to months to complete.days to months to complete.


Visa approved!Visa approved!

• Do not finalize your travel plans until your Do not finalize your travel plans until your U.S. visa is in your hands!U.S. visa is in your hands!

• Go to the U.S. with your visa and obtain Go to the U.S. with your visa and obtain the proper status.the proper status.


Visa refused – Why?Visa refused – Why?

• Presumption of immigrant intentPresumption of immigrant intent• Failure to meet the requirements of the Failure to meet the requirements of the

visa for which you are applyingvisa for which you are applying• Each case is determined on its own meritsEach case is determined on its own merits


Questions on working in the U.S.?Temporary Workers in the United StatesTemporary Workers in the United States

http://travel.state.gov/visa/temp/types/types_1271.html

Bureau of Consular AffairsBureau of Consular Affairshttp://travel.state.gov

U.S. Consulate General VancouverU.S. Consulate General Vancouverhttp://vancouver.usconsulate.gov

Questions on studying in the U.S.?Bureau of Educational and Cultural AffairsBureau of Educational and Cultural Affairs

http://exchanges.state.gov

Study in the United StatesStudy in the United States http://educationusa.state.gov

For international studentsFor international studentshttp://www.educationusa.info/students.php

The student visaThe student visahttp://www.educationusa.info/pages/students/

visa.php

THANK YOU!THANK YOU!


Visiting, Working, and Studying in the U.S.

Documents

Transcript of Visiting, Working, and Studying in the U.S.