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Pre-Arrival Process for J-1 Exchange Visitors & H-1B Non-Immigrant Workers

Pre-Arrival Process for J-1 Exchange Visitors & H-1B Non-Immigrant Workers. Ryan Redmer: J-1 Specialist/Advisor Mary Schnetz: H-1B Specialist/Advisor. Purpose of Presentation.

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Pre-Arrival Process for J-1 Exchange Visitors & H-1B Non-Immigrant Workers

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  1. Pre-Arrival Process for J-1 Exchange Visitors & H-1B Non-Immigrant Workers Ryan Redmer: J-1 Specialist/Advisor Mary Schnetz: H-1B Specialist/Advisor

  2. Purpose of Presentation • Our goal today is to clarify the pre-arrival process for international visitors in either J-1 or H-1B immigration status. • The topics we cover will span from the time that an individual’s J-1 or H-1B status is approved, through the time of their arrival to the United States.

  3. The U.S. Visa Stamp • All foreign nationals entering the United States must have an unexpired U.S. visa stamp (except for Canadians and those entering on Automatic Visa Revalidation) • Their U.S. visa stamp must reflect their most recently approved U.S. immigration status in order to gain entry. • Once inside the country, an individual’s visa stamp can be allowed to expire, as long as their immigration status is still valid. • U.S. visa stamps can only be obtained at U.S. consulates outside of the United States

  4. Things to Keep in Mind About U.S. Consulates • Official protocol as it pertains to obtaining a U.S. visa stamp varies greatly depending on where an individual is applying or who is processing their application. • Potential areas of discrepancy: • Processing times • U.S. visa fees • Requested documents • Interview protocol

  5. Setting Up a U.S Visa Stamp Appointment • Before setting up an appointment, J-1s & H-1Bs must fill out the DS-160 for the U.S. consulate at which they will be applying. • A J-1 Scholar can set up an appointment with the U.S. consulate after their J-1 program has been approved by IFSS • An H-1B can set up an appointment with the U.S. consulate as soon as they have received their I-797 Receipt Notice • However, the appointment cannot take place until they have received their I-797 Approval Notice

  6. Before The Appointment: I-901 (SEVIS) Fee • All J-1 Scholars must pay a mandatory $180 fee that is used toward the maintenance of the Student & Exchange Visitor Information System (SEVIS). • For $215, a scholar can have the fee processed faster in the event that time is an issue. • The SEVIS fee can be paid is paid online through United States Citizenship & Immigration Services (USCIS) • If a J-1 Scholar does not pay the SEVIS fee, the U.S. Department of State (DOS) can terminate that individual’s J-1 program.

  7. Before the Appointment: PIMS • PIMS = Petition Information Management System • Once an individual’s H-1B petition has been approved, USCIS notifies PIMS • Subsequently, PIMS notifies the U.S. consulate at which the H-1B beneficiary will be applying for their U.S. visa stamp • If either PIMS or the U.S. consulate is not notified beforehand, the beneficiary’s approval for a U.S. visa stamp can be delayed

  8. What H-1Bs Will Need for Their Appointment • Original I-797 approval notice • Copy of the UW-Madison appointment letter • Copy of the I-129 • Copy of the Labor Condition Application • Any other documentation explicitly asked for on the website of the U.S. consulate at which the beneficiary is applying

  9. What J-1 Scholars Will Need for Their Appointment • Original DS-2019 Document • Copy of their UW-Madison appointment letter • Some U.S. consulates may require the original letter • Receipt of I-901 (SEVIS) payment • Financial documentation matching the funding indicated on the DS-2019 document • Valid Passport • Any other documentation explicitly asked for on the website of the U.S. consulate at which the scholar is applying

  10. Administrative Processing • Sometimes, after their interview at the U.S. consulate, an individual may be put under Administrative Processing by DOS • Administrative Processing typically consists of additional background checks and documentation requests • This process will typically take anywhere between two and six months • While any scholar can be put through Administrative Processing, we typically find that it is our visitors from Iran, Pakistan, Iraq, Egypt, Syria, Afghanistan, Libya, Etc. who experience this issue the most

  11. J-1 Program Amendments • J-1 Scholars who cannot make it to UW-Madison within the first 30 days of their program will need to have their program dates amended. • In order to amend a program, IFSS needs a revised appointment letter and, if applicable, revised funding information • If only the dates of a J-1 Scholar’s program are being amended, they will not need the new DS-2019 document to successfully gain entrance into the United States • The new document will be issued upon their registration with IFSS

  12. U.S. Ports of Entry • Upon entrance into the U.S., foreign visitors will be met by a U.S. Customs & Border Protection (CBP) official, to whom they will need to present: • Original I-797 Approval Notice (H-1B)/DS-2019 (J-1) • Valid U.S. Visa Stamp • Valid Passport • IFSS also suggests that the individual be prepared to present copies of all other documentation that was requested at their U.S. visa stamp appointment

  13. I-94: What Is It? • Issued by CBP upon the arrival of a foreign visitor into the United States • Used as a means to track the arrival & departure of international visitors • Contains: • Date of entry to the United States • Port of entry • Immigration status • End date of status • I-94 number

  14. Automated I-94 Card • CBP recently transitioned to an automated I-94 card • Upon entry, new arrivals should receive information from a CBP official about how to access their I-94 information at their website: cbp.gov/i94 • A printout of the online I-94 card can be used in lieu of the paper I-94 card, wherever it is requested.

  15. Questions? • Mary Schnetz • mschnetz@ohr.wisc.edu • 608-262-1742 • Kim Maday • kmaday@ohr.wisc.edu • 608-265-5114

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