Applying for an H-1B Visa and for Admission to the United States
Note: This article contains general information. Individual experiences may differ and Consular Offices’ procedures may vary. The information is subject to change any time. This information is provided to LSU international employees as a service. It does not constitute legal advice.
The best way to learn about visa application procedures at a particular U.S. consulate is to visit the State Department website and select the appropriate consulate.
The first step in obtaining a U.S. visa is to schedule an appointment for a visa interview at a U.S. consulate. Advance planning is very important. It is best to apply for the visa at the earliest possible time before the planned travel date. It is very important to compile all the required visa application documents and complete all the forms fully. The interview itself is normally brief, usually lasting no longer than five minutes. To learn about availability of interview dates and estimated visa processing time at a particular consulate, check appointment wait times on the U.S. State Department website.
The visa is usually issued the same day that the visa application is approved. However, most U.S. consulates no longer allow an applicant to pick up their passport once the visa has been issued. They send the passport to the applicant’s address by mail. The visa processing time (usually 10 days) normally includes the time it takes for you to receive the visa/passport in the mail. Check the information on your visa stamp and that of your dependent (as applicable) for accuracy when the visa is issued, not later. If there is an error, ask for it to be fixed.
Reciprocity rules determine how much time is granted on the visa. For most applicants the visa will have the same validity period as their H-1B status as indicated on form I-797. Remember that a visa is needed for entry into the U.S., not to stay in the U.S. Therefore if the visa expires while you are in the United States, you do not need to have it re-issued.
Waiver of In-Person Visa Interviews
On December 21, 2023, the Department of State announced a revised policy on waivers of the visa interview requirement for certain eligible nonimmigrant visa applicants. The new policy was effective January 1, 2024. According to the revised policy, in-person interviews are to be waived for (among others) nonimmigrant visa applicants applying for any nonimmigrant visa classification who . . .
- Were previously issued a nonimmigrant visa in any classification, unless the only prior issued visa was a B visa; and
- Are applying within 48 months of their most recent nonimmigrant visa’s expiration date.
In all cases, applicants must meet certain legal requirements to qualify for an interview waiver.
As a reminder, applicants renewing a nonimmigrant visa in the same classification within 48 months of the prior visa’s expiration date continue to be eligible for interview waiver until further notice.
To be eligible for an interview waiver (in the case of new visa application or renewal of current visa), applicants must also meet certain criteria, including that they . . .
- apply in their country of nationality or residence.
- have never been refused a visa (unless such refusal was overcome or waived).
- have no apparent or potential ineligibility.
Consular officers may still require in-person interviews on a case-by-case basis or because of local conditions. Please check embassy and consulate websites for more detailed information about visa application requirements and procedures, and to learn more about the embassy’s operating status and services.
For additional information, see the December 21, 2023 DOS visa interview waiver policy.
Pilot Program: Applying for H-1B Visa Renewal within the U.S.
On December 21, 2023, the US State Department published a Notice announcing a pilot program to resume renewal of H-1B nonimmigrant visas in the United States for certain qualified applicants. This limited pilot program ran from January 29 to April 1, 2024. We are not aware of any new announcements regarding resumption of domestic visa renewal for H-1B applicants.
Applying for an H-1B Visa in Canada or Mexico
In general, the best place to apply for a visa is your home country. However, sometimes it is necessary to apply for a visa at a U.S. consular post in Canada or Mexico, so that you can use it for re-entry to the U.S. after a trip to another third country or your home country. This may happen if you plan to travel to your home country or have a business trip overseas but will not be there long enough to apply for a visa.
Make sure that you have a Mexican permit or Canadian visitor’s visa to enter Mexico or Canada. If you require a visa to enter Canada, you must apply at the Canadian embassy; normally this embassy would be in Washington, D.C. You will need proof of valid status in the U.S. (Form I-797), and a letter confirming continued employment in the U.S. In Mexico, lack of an entry permit may lead to heavy fines and even detention.
Following the booking of an appointment by web or telephone in Canada or Mexico, the consulate will mail you the applicable information and forms for your appointment, including a list of what documents to bring with you.
Please Note: If you apply for a visa in a third country, including Canada and Mexico, you may not be allowed to re-enter the U.S. if the visa is denied. You may need to go directly to your home country to apply for a new visa to re-enter the U.S.
If you are subject to security clearance upon application for a visa in a third country, you may have to remain in that country until the security check is completed and the visa is approved before you are allowed to re-enter the U.S. This process could take several weeks.
Automatic Visa Revalidation
The rule found in the Code of Federal Regulations at 22 CFR 41.112(d) allows nonimmigrant visa holders to re-enter the U.S. without a valid U.S. nonimmigrant visa stamp – that is, if the H visa has expired or if you have changed status and do not even have an H-1B visa. Nationals of Cuba, Iran, North Korea, Syria, and Sudan are not currently eligible for Automatic Visa Revalidation.
You are eligible for Automatic Visa Revalidation under the following conditions:
- Your period abroad does not exceed 30 days.
- Your travel includes only Canada or Mexico.
- You are otherwise admissible to the U.S.
- You have not applied for a new visa while abroad.
- You have maintained valid nonimmigrant status prior to departure from the U.S. and plan to return to the U.S. to resume that status.
- You are in possession of appropriate documents to demonstrate status: valid passport; valid Form I-797 H-1B approval notice; most recently issued I-94.
If you plan to use automatic revalidation, we encourage you to email us and request a letter to facilitate your re-entry.
Resources
- Checklist for H-1B Visa Application & Admission (see attachments)