Overseas Visa Interview

When a foreign national travels, they will require a valid visa for re-entry into the United States.
The visa is simply a travel document that is required for entry into the United States and it does
not confer work authorization or H1b status to the holder. Further, a visa does not have to be
renewed upon expiration unless the visa holder is traveling and requires it for re-entry into the
United States.

TIP: An H-1B visa that has not expired, but has an old employers name on it is still valid and that
person can continue to use the visa until it has expired despite working for a different employer.
At the port of entry, they would present their most recent I-797A approval notice with their current
employer, their unexpired visa with their previous employer and an employment verification letter
from their current employer.

In order to obtain a visa, a foreign national must attend a visa interview at a consular post. With
those who have never received an H1b visa in their passport previously, the State Department
prefers that they return to their home country to get their first visa. There are two exceptions-
Canadian consular posts will entertain first time H1b applicants who came to the US on F1 visas.
The other exception is when there is a business or personal emergency such as a business trip
where the applicant could not have reasonably returned home to get the visa. Once the applicant
has received one H1b visa in their passport, they are able to attend any consulate in the future
without issue for a renewal.

With that in mind, it is important to make sure that the foreign national is prepared for the visa
interview.

What does the foreign national need to do?

1. The foreign national must go to this website: http://www.ustraveldocs.com/ and pick

which consulate they plan to attend. From this website, they can apply for their visa.
a. The Applicant must complete and submit a Form DS160 which is electronically
submitted via the website.
i. TIP: The DS160 allows an applicant to save their progress in the middle of
filling out the form so if the applicant has any questions before submitting,
they should save their progress and reach out to our office at
niv@gotcherlaw.com with their questions.
ii. TIP: It is critical that the applicant stays consistent with the information
that was provided in the I-129 and Company Support letter when filling
out the DS160. Please provide your employees with copies of their I-129,
LCA and company support letter prior to their filling out the DS160 form
Global Immigration Partners, Inc.
4505 Las Virgenes Road, Suite 107
Calabasas, CA 91302
818.914.6482 (Office)
818.478.3450 (Fax)
admin@gotcherlaw.com (Email)
www.immimfo.com
 b. Upon submission of the DS160, the applicant must pay the visa application fee
which is roughly $150-$200 per applicant.
c. Upon paying the fee, the applicant can schedule their appointment.
i. TIP: We highly suggest that they make the appointment for one of the first
days that they are overseas in the event of any unforeseen delays.
2. Once they have scheduled an appointment, they will be required to attend a biometric
interview at a visa application center. For the biometric interview, they will want to carry
a valid passport, DS-160 confirmation page, appointment confirmation page and if they
have children under 14, one passport style photograph of that child.
3. Once the biometric interview is complete, they will attend the actual visa interview at the
consulate.

TIP: Some foreign nationals will be eligible for a visa interview waiver program and should consult
the travel docs website for their country as to whether they meet the criteria for the waiver. If
they do, they will complete a very simple process that will require them to skip steps 2 and 3 above
and instead, they will provide certain documentation to a Drop Box location along with their
passport and it will be returned to them via mail within a short period of time.

TIP: We highly suggest having the foreign national touch base with our office prior to their visa
interview so that we can ensure that they are comfortable with the process and that they are
prepared for the interview. Please have them contact niv@gotcherlaw.com.

For the visa interview itself, we suggest carrying the following documents:

1. Copy of the Foreign Nationals H-1B filing (I-129, LCA and Company Support Letter)
a. Per our office policy, we will send these documents to an authorized official of the
Petitioner who can review the documents and provide them to the employee.
Please email requests for these documents to niv@gotcherlaw.com
b. This is considered the original I-129 for the purposes of the interview as the
consular posts want applicants to carry copies of the forms and letter that were
originally submitted to USCIS on their behalf.
c. TIP: When we filed the original H1b, we included a PIMS copy which is an exact
copy of the filing which USCIS will send to the Kentucky Consular Center (KCC)
where it is stored. When the foreign national makes a visa appointment, the
consular post will request the PIMS copy of the applicants H1b filing so that they
can review it prior to the interview. The Foreign National must be familiar with
the information and provide responses that are consistent with the filing to the
consular officer during the interview.
2. Most recent paystubs (2-3)
a. TIP: We suggest having the Foreign National carry copies of their last 2-3 paystubs
to evidence their employment with the Petitioner. It is important that the salary
rates on the paystubs are similar to those stated on the I-129, LCA and offer letter.
If you find a large discrepancy, please contact our office prior to travel at
niv@gotcherlaw.com.
Global Immigration Partners, Inc.
4505 Las Virgenes Road, Suite 107
Calabasas, CA 91302
818.914.6482 (Office)
818.478.3450 (Fax)
admin@gotcherlaw.com (Email)
www.immimfo.com
 3. W-2s for the years of employment with the current Petitioner
a. TIP: We suggest having the Foreign National carry the relevant W2s that reflect
their employment with the Petitioner. Previous employers W2s should not be
relevant to the interview and should not be presented to consular officers unless
specifically requested. Again, year-end wages should be close to the LCA, I-129
and Offer letter. If there is a large discrepancy, please contact our office at
niv@gotcherlaw.com
4. Employment Verification Letter from Petitioner
a. This letter is required to evidence that the Petitioner has an open position for the
Beneficiary upon their entry into the United States. It should include evidence
regarding the Petitioners line of work as well as reference the Beneficiarys H1b
job title and salary. We are happy to assist with the drafting of this letter so
please contact niv@gotcherlaw.com with any such requests.
5. Client Letter
a. If the Foreign National works off-site at a clients worksite, a letter from the client
(where the work is actually being performed) should be carried by the applicant.
The client letter should be recently dated and should evidence the fact that the
applicant is not an employee of the end-client, but rather an employee of the
Petitioner. The letter is very similar to those that are provided with the H1b
filing.
b. Vendor letters are not critical and sometimes cause confusion as they highlight
the fact that more parties are involved with the assignment. If the applicant
wants to carry them, that is fine, but we do not suggest providing them unless
specifically requested.
6. Soft copies of applicants education documents
a. The applicant should carry soft copies of their education documents- transcripts,
degrees, evaluations, and I-20s.

If all goes well, the applicants passport should be collected at the visa interview and they will
receive their passport back with the visa in it within a few days.

If the consular officer feels that they require more information or documentation, they will issue a
221g form to the applicant. The 221g will reference the reason for the administrative processing
delay. The reasons can include background checks, fraud unit checks on the authenticity of the
client letter or employment verification letter, or they may need more time to review the
submitted documentation. They provide very vague reasons so we will need to speak with the
applicant to determine what was said in the interview that triggered the 221g.

If they request more documentation, the applicant will be required to provide those documents
to the consular post via a visa application center location or sometimes, to the consular post
directly. Once submitted, there is no timeline in regards to how long they may take to issue a final
decision. For this reason, it is critical that the applicant is well-prepared and has consistent and
thorough documentation for the interview. If you should have any questions regarding this

Global Immigration Partners, Inc.

4505 Las Virgenes Road, Suite 107
Calabasas, CA 91302
818.914.6482 (Office)
818.478.3450 (Fax)
admin@gotcherlaw.com (Email)
www.immimfo.com
process, please contact our office at niv@gotcherlaw.com.

As further reference and per the glossary found at -

http://travel.state.gov/content/visas/english/general/glossary.html#V

Visa: A citizen of a foreign country, wishing to enter the United States, generally must first obtain
a visa, either a nonimmigrant visa for temporary stay, or an immigrant visa for permanent
residence. Visa applicants will need to apply overseas, at the U.S. Embassy or Consulate, generally
in their country of permanent residence. The type of visa you must have is defined by immigration
law, and relates to the purpose of your travel. A visa allows a foreign citizen to travel to the U.S.
port-of entry, and request permission of the U.S. immigration inspector to enter the United
States. Issuance of a visa does not guarantee entry to the United States. The CBP Officer at the
port-of-entry determines whether you can be admitted and decides how long you can stay for any
particular visit.

Global Immigration Partners, Inc.

4505 Las Virgenes Road, Suite 107
Calabasas, CA 91302
818.914.6482 (Office)
818.478.3450 (Fax)
admin@gotcherlaw.com (Email)
www.immimfo.com