Obtaining a Visa to Enter
the United States
Original text by Janice Bianco
Do
not arrange travel or purchase tickets until you have your visa.
OBTAINING
A VISA TO ENTER THE UNITED STATES
General
Information
Contact
the U.S. Consulate nearest to your place of residence; inquire about the need
for an appointment or if the consulate uses a mail-in services or travel agent.
Once
you have your visa, you may make your travel arrangements. It is wise to
wait until you have your visa; in the event there are delays. The
University of Texas at Brownsville will not reimburse you for non-refundable
tickets that you are unable to use.
Important
Websites
Embassies and Consulates
http://www.embassy.org
http://www.state.gov/
http://www.embassyweb.com
http://www.embassyworld.com
http://www.travel.state.gov/links.html
Currency Conversion
http://www.oanda.com/converter/classic
http://www.jeico.co.kr/currency1.html
Nonimmigrant Visa Sponsorship
B-1 Elective Students,
Observers or Guest Speakers
You will receive a letter from
the University of Texas at Brownsville addressed to the US Embassy or Consulate
detailing the activities you have been invited to participate in. You
must demonstrate that you have:
-
Sufficient financial
support
-
Strong ties to your home
country
Take or mail the letter addressed to the US Embassy, the financial documents,
completed Form DS-156 (Application for Nonimmigrant Visa, a sample is included
in this booklet) 1 and your passport to the US Consulate. You may
be required to pay a fee(s) and provide photos.
F-1 Students
You will receive a Form I-20
indicating that you have been admitted into a University of Texas at Brownsville
program. The I-20 indicated the duration of your academic program and
the amount of College or personal funding you will require for your studies.
The US Consulate or Embassy often asks for documents providing that you have
personal, family, or government funds. Be prepared to present those documents.
Take or mail the Form I-20,
the financial documents, completed Form DS-156 (Application for Nonimmigrant
Visa, a sample is included in this booklet) 2 and your passport to the US
Consulate. You may be required to pay a fee(s) and provide photos.
1 Form DS-156 is available on the Internet at
the US Dept. of State website: www.state.gov
H-1B Temporary Worker
You will receive a Notice of Approval (Form I-797)
and a copy of the petition that was filed with the United States Citizenship
and Immigration Services (USCIS) on your behalf. You should follow these steps
to obtain your H-1B Visa:
Take or mail the Form I-797, the copy of the petition,
completed Form DS-156 (Application for Nonimmigrant Visa), a sample is included
in this booklet) 3 and your passport to the US Consulate. You may be
required to pay a fee(s) and provide photos.
If you have family members traveling
with you, submit their passports with an DS-156 requesting an H-4 visa for each
of them. Fee may be required.
J-1 Exchange
Visitors and Researchers
The University of Texas at Brownsville will send you the Form DS-2019
Bring or mail your DS-2019, your passport, Form
DS-156 and any fees to the US Consulate.
If you have dependents traveling with you, you
will need to submit their passports, Form DS-156 for each person and any photos,
applicable fees with your documents.
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INSPECTION
AT THE POINT OF ENTRY BY UNITED STATES IMMIGRATION
When you arrive at your first
stop in the United States, you will be given a blank form I-94 (Arrival/Departure
Record, sample reprinted at the back of this booklet) by the flight crew before
landing. You must fill out the required portions. If you have difficulty,
ask the flight attendant or wait and ask the United States Citizenship and Immigration
Services (USCIS) Inspector. The forms are available in English or in native
language if your flight to the US originated in your country. If the flight
attendant does not give you a form, inform the USCIS Inspector and he/she will
give you one.
Upon deplaning, you will be directed
to the USCIS Inspection station. The USCIS Officer will inspect your passport,
Form I-797 (H-1B) or Form DS-2019 (J-1) and endorse your Form I-94. DO
NOT LEAVE THE INSPECTION STATION UNLESS YOUR FORM I-94 HAS BEEN STAMPED.
2 Form DS-156 is available
on the Internet at the US Dept. of State website:
www.state.gov
Canadians, because you
may not receive documents when traveling as tourist to the United States, it
is imperative that you plainly state that you wish H-1B or J-1 status and show
the appropriate documents. If the station is particularly busy, the officer
may neglect to issue the Form I-94. Do NOT leave the border crossing station
without a Form I-94. If they do not give you one ASK FOR IT.
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NON-IMMIGRANT
STATUS AND VISA,
WHAT IS THE DIFFERENCE?
A Visa is the document placed
in your passport by the US Embassy or Consular official. This document
permits you to enter the United States. It may be valid for 6 months or
a year or longer. You may be able to use it to enter the United States
many times or just one time. If your visa expires while you are in the
United States, it does not mean that you are out of status or “illegal”.
Non-immigrant status is granted
when you arrive in the United States. The USCIS officer at the point of
entry (airport or border) will issue a Form I-94. This form will indicate
your non-immigrant status, H-1B, J-1 or dependents H-4 or J-2. He/she will
also indicate an expiration date. For H-1B holders, this is usual the
expiration date on you approval notice. For J-1 holders, the Form I-94
will be marked D/S for Duration of Status. For researchers, the duration
is 3 years within a possible 6-month extension to complete the ongoing activity.
Therefore, it is a Visa that
gets you the point of entry in the US and the Non-immigrant Status, which allows
you to remain in the US
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MAINTAINING
YOUR NONIMMIGRANT STATUS
B-1 Elective
Students, Observers or Guest Speakers
You initial stay in the United
States may be valid for an initial period of 3 to 6 months. You are permitted to
pursue the activities you were invited to the University to participate in.
You are not permitted to be employed, or volunteer your services. Making
an application to the USCIS can process extensions of your stay. The
International Faculty Services Office can provide the application forms for the
extension.
F-1 Students
Since the Form I-94 does not
indicate an expiration date, your nonimmigrant status is valid until the end
date on your Form I-20. To maintain your status you must be enrolled in
the school program indicated on the Form I-20, maintain a full course of studies
and refrain from unauthorized employment. Your Immigration Advisor in
ISO will give greater details about your status to you when you arrive.
You must come directly to the International Faculty Services Office upon your
arrival and attend orientation to initiate your enrollment.
H-1B Temporary
Workers
You initial stay in the United
States may be valid for an initial period of 1 to 3 years and the possibility of
extension for another 1 to 3 years. Approximately, 5 months prior to the
expiration date on your form I-94, the University of Texas at Brownsville will
need to submit a request for extension to the USCIS on your behalf. You will
be contacted at the appropriate time. Extensions are contingent upon
continued reappointment to your position at the University of Texas at
Brownsville. Please note that H-1B status employer, department and job
title specific. You will be authorized to work at the University of Texas
at Brownsville. You may not use the status to work for a different
employer or to work additional hours, such as “moonlighting”. The new
employer would need to file on your behalf.
J-1 Researchers
Your Form DS-2019 is sponsored
and issued by the University of Texas at Brownsville. IFSO will send a
memo 6, 3 and 2 months in advance to remind you that is time to process an extension.
When your appointment is due to expire, the administrator in your department
should be reminded to submit a request to renew your appointment. At that
time, IFSO will issue a new Form DS-2019 for the next year. Please note
that the maximum time permitted under the research scholar category is 3 years
with a possible 6 month extension to complete an ongoing project. If you
transfers to the University of Texas at Brownsville from counted toward the
maximum 3 years duration. If you transfer to the University of Texas at
Brownsville from another institution, anytime spent at another institution in
the J-1 research scholar category will be counted toward the maximum 3 years
duration. If you have completed 3 years at a different institution and
wish to come to the University of Texas at Brownsville for 6 months, it will
not be permitted. The 6 months is for extensions of the same activity
for which you originally entered the United States, not to begin a new program.
J-1 Short-Term
Scholars
Your Form DS-2019 is sponsored
and issued by the University of Texas at Brownsville. This is a special
program for visits of no longer than 6 months. Extensions are not permitted.
If you have been issued a “Short-term Scholar” DS-2019 and you know that your
plans to be at UTB will require more time, please contact the IFSO immediately
so we can issue to you an DS-2019 for longer term Research Program.
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TRAVEL
OUTSIDE THE UNITED STATES
GENERAL INFORMATION
Contact the embassy or
consulate of the country to which you are traveling to determine if you need a
visa to enter that country. Each country has different laws governing
entry of foreign citizens. It may be necessary for you to obtain a visa
from the consulate or embassy prior to departing the United States.
Foreign consular offices are
located in cities throughout the United States. Foreign embassies are
located in Washington D.C. and most countries have a consulate or Mission to the
United Nations in New York City.
Temporary
Workers (H-1B Status)
- Locate
the original Form I-797 (notice of approval for your H-1B petition)
- Locate
a copy of your appointment letter. If you cannot find the appointment
letter, contact the International Service Office.
- Check
the visa stamp in your passport to determine if it has expired. If it
has expired, you will need to review your visa at an U.S. Consulate in the
country in which you are traveling. You should follow the instructions for
entering the United States on page 1 of this book. You must contact
IFSO to request a Visa package 2 months in advance.
When you leave the United States,
you will be asked to surrender your Form I-94. Please remember that
upon re-entry you must receive a new Form I-94.
Please note that for travel to
Canada or México, you should be permitted to reenter the US with an expired
visa in your passport. Also, if traveling to Canada, you may not be required
to surrender your Form I-94. If at all possible, keep it, often upon return
from Canada, you will not be given anew Form I-94.
H-4 Dependents
of Temporary Workers
If traveling without the H-1B
holder, dependents should bring a copy of the H-1B holder’s visa, Form I-94
and a letter confirming continued employment of the H-1B. If they are
traveling alone and need to renew their visas, they must also bring a copy of
the original Form I-797 and a copy of the petition. Please remind your
dependents that they need to receive a new Form I-94. Please refer to
the section Obtaining a Visa to Enter the United States. (Page 1)
Exchange Visitors
(J-1 Nonimmigrant Status)
- Check
the visa stamp in your passport. If the visa in your passport has expired;
you will need a duplicate Form DS-2019. If you are sponsored by IFSO
(researchers) please contact the International Service Office at least 2 weeks
prior to traveling.
- If the visa stamp has not expired, you will
need to have a DS-2019 Form endorsed by
the Responsible Officer of your Exchange Visitor Program. If you are
sponsored by the University of Texas at Brownsville, you must take the DS-2019
Form
to the IFSO for a signature from one of the Immigration Advisors or Manager.
If you are renewing your visa while abroad, follow the steps in the section
of this booklet entitled Obtaining a Visa to Enter the United States. (Page
1)
J-2 Dependents of J-1 Exchange
Visitors
The J-2 dependent(s) of the exchange visitor traveling
outside the United States without the exchange visitor should follow the above
instructions, with the following exceptions:
If the dependent(s) visa stamp has expired, they
will need a duplicate DS-2019 Form for family travel. This Form may
be obtained from, the ISO. If their visa stamps have not expired, they
need only to bring a copy of the J-1 exchange visitor’s DS-2019 and Form I-94.
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INFORMATION
FOR DEPENDENTS
Employment
J-1 Dependents of Exchange Visitors (J-1)
J-2 dependents are permitted
to work in the United States with the proper employment authorization document
issued by the US Citizenship and Immigration Services (USCIS). There are
no specific requirements as to the type of work the J-2 may undertake.
However, the USCIS does require that the J-2 dependent provide a written statement
verifying that the purpose of the employment is not to provide financial support
to the J-1 exchange visitor.
H-4 Dependents
of Temporary Workers (H-1B)
H-4 dependents are not permitted
to accept employment of any kind. This includes unpaid employment and
self-funded research.
Academic Studies
J-2 and H-4 dependent children
are all permitted to attend school in the United States. J-2 and H-4
spouses may enroll in college and university classes. Tuition rates may
vary according to determination of resident status in the State of Texas.
J-2 students are permitted to accept on campus
employment. However, even though an H-4 dependent is a student, they are
NOT permitted to accept employment. This includes post-graduate
employment.
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Return to International
Faculty Services Office