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Visa Application Process - EB-5 Skip to content

Visa Application Process

Visa Application Process

Starting the process of applying for a visa to the United States may seem like a challenging task for many.

 

However, with the right guidance and a clear understanding of the steps involved, this path can become a structured and predictable procedure.

 

Consular processing, a fundamental component of this process, plays a determining role in the evaluation and approval of the visa application.

 

Let’s look at the different types of visas available, as well as the steps involved in the visa application process.

 

About the visa application process

 

When starting the visa application for the United States, there are several factors to consider, as it requires preparation, attention to detail and patience.

 

The first step is to identify the type of visa that best suits the purpose of the trip. Nonimmigrant visas, intended for temporary visits, and immigrant visas, for those seeking to reside permanently in the United States, have different requirements and processes.

 

Once the type of visa is determined, the applicant must complete form DS-160 for nonimmigrant visas or DS-260 for immigrant visas, available on the website of the US Department of State

 

These forms collect personal, travel and security information, and they are the basis of the visa application.

 

In addition, the documentation required for the visa process must be prepared, including a valid passport, visa photographs, proof of payment of the application fee and additional documentation that will depend on the type of visa for which you wish to apply (for example, for a work visa the documentation related to the hiring is requested)

 

The next step is attending an interview at the US embassy or consulate, where a consular officer will evaluate the application.

 

To do this, you must pay the visa fee and schedule the appointment through the embassy or consulate website.

 

After the interview, consular processing occurs, where the embassy or consulate reviews the application and makes a decision. During this time, additional documents may be requested or security checks performed.

 

Types of visas and their purposes

 

The process of applying for a visa in the United States covers several categories. Each type of visa is designed to meet specific purposes for traveling and staying in the country.

 

Nonimmigrant visas

 

Nonimmigrant visas are intended for people who go to the United States temporarily, and there are different categories:

 

A: For diplomats and officials of a foreign government

A-2: Military and foreign personnel located in the United States

 

B-1: Business visitors, domestic employees or babysitters (in these last two cases they must accompany a foreign employer)

B-2: Visa for tourism, vacations, enjoyment or to undergo medical treatment in the United States.

 

BCC: Visa for border crossing from Mexico.

 

C: For those in transit in the United States.

 

D: Visa for crew on duty aboard a ship or aircraft in the United States

 

E-1: Visa for foreigners who wish to carry out business or trade operations.

E-2: Visa for investors who are in the process of investing capital in the country, or to direct the operations of a company in which they have invested.

E-3: For Australian workers who are professionals.

 

F-1: Visa for academic and language students.

F-2: For dependents of F-1 visa holders.

 

G1-G5: For employees of a designated international organization and NATO.

 

H-1B: This visa is for people who want to provide services in a specialized field.

H-1B2: For professionals who are collaborating on cooperative research or development projects with the Department of Defense (DOD).

H-1B3: Visa for haute couture models or for advertising, of distinguished skill and merit.

H-1B1: For professionals of the Chile-Singapore Free Trade Agreement

H-1C: Visa for nurses traveling to areas with a shortage of healthcare professionals

H-2A: For temporary workers in the agricultural sector.

H-2B: Visa for temporary non-agricultural workers.

H-3: For people who are in training within a non-employment program.

 

I: Visa for representatives of communication and information media.

 

J: Used in the case of cultural exchange visitors.

J-1: Also used for exchange visits, in this case, au pairs, professors, researchers, teachers, doctors

J-2: Visa for children under 21 years of age or spouses of J-1 visa holders.

 

L: For transfer of employees of a company.

 

M-1: The M1 visa allows entry and stay, in the country for a certain time, to carry out vocational, technical or non-academic studies.

M-2: Visa for the dependent of the holder of an M-1 visa.

 

O-1: Visa for foreign citizens with extraordinary ability in the sciences, arts, education, business or athletics.

 

P-1: Allows famous athletes and artists to participate in events, being contracted through a US agent.

 

A: Visa for religious workers

 

TN/TD: Visa for professional workers who are aligned within the North American, Mexico and Canada Free Trade Agreement

 

Immigrant visas

 

Immigrant visas are aimed at foreigners who wish to live in the United States permanently.

 

  • Immediate family members: This category covers spouses, unmarried children under 21 years of age, and parents of US citizens. Married children and siblings may also qualify under certain conditions.

 

  • Preferred relatives: Refers to non-direct relatives of US citizens.

 

  • Employment-based: This type of visa is for skilled workers and foreign professionals with job offers in the United States. It includes several subcategories for individuals with exceptional abilities, investors, and religious workers, among others.

 

  • Refugees and Asylums: Aimed at individuals escaping persecution or who have already been granted asylum in the United States.

 

  • Diversity Program: Consists of an annual visa lottery for people from countries with low immigration rates to the United States, selected through a lottery.

 

Each type of visa has its own requirements, application procedures, and necessary documentation, designed to ensure that the applicant’s purpose of travel matches US immigration regulations.

Consular processing

 

Consular processing is a determining phase within the visa application process for the United States, after the consular interview.

 

Once the interview is completed, the applicant’s file goes into a review stage. The documents submitted are examined to ensure that they meet the standards required for the specific visa being requested.

 

After reviewing the documents presented, security checks. These verifications can be consultations in international databases, background checks of applicants and any additional administrative process that the embassy or consulate deems necessary.

 

At the conclusion of the consular processing, the applicant will be notified of the result of their application. If the visa is approved, it will be stamped in the applicant’s passport.

 

Visa approval

 

Upon approval, the applicant’s passport will be briefly held by the embassy or consulate for visa stamping. It is important that the details on the visa, such as name, date of birth, and visa type, are correct before planning your trip.

 

With the visa in hand, applicants can begin planning their trip to the United States. However, it is important to remember that possession of a visa does not guarantee entry to the country; Customs and Border Protection officers at the port of entry have the final authority to allow or deny admission.

 

That is why travelers should be prepared to present additional documents that justify the purpose of their visit, such as letters of invitation, confirmation of accommodation, or documents related to employment or study.

 

Once in the United States, it is essential to comply with all visa conditions. This includes not staying in the country beyond the visa expiration date or period of stay granted by Customs and Border Protection, not engaging in activities not authorized by the type of visa (such as working without permission on a tourist visa), and keeping personal and contact information updated with immigration authorities.

 

Visa approval is just the beginning of the journey. By carefully following post-approval steps and complying with US laws and regulations, travelers can ensure a positive and productive experience during their stay.

 

Stay informed, prepared and aware of legal obligations. It is key to making the most of the opportunity that the US visa offers.