Step 1: Learn More About U.S. Nonimmigrant Visas
Nonimmigrant Visa Services
The United States wholeheartedly welcomes foreign visitors who desire to study, conduct business, or simply visit the
sights in its very diverse 50 states and territories. However, we understand that the process of applying for a U.S.
visa may appear daunting as you navigate through a complex web of regulations and procedures. As such,
our goal in creating this website is to provide you with as much information as possible in order to prepare
you for your upcoming visa application.
In the following paragraphs, we have attempted to answer some of the most common
questions we receive from our applicants. Should you desire more information than what is provided here,
we encourage you to follow the links provided at the bottom of this webpage.
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Non-immigrant visas facilitate a TEMPORARY stay in the U.S., for holidays,
business, study, temporary work, participation in a conference or exchange
program. Should you wish to immigrate to the U.S., a non-immigrant visa is not
appropriate. For more information on nonimmigrant visas, including the different
types of classifications, please visit the "What is a Visa?" page.
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The length of time a B1/B2 visa holder is permitted to remain in the United States is at the discretion of the
immigration officer who processes the visitor at his/her port of entry. Visitors who wish to extend their stay
in the country must formally submit such requests to the Department of Homeland Security before their permitted
stay in the country has expired. For more information, please consult
the USCIS website.
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Unless your visa has been cancelled by a United States consular or immigration officer or it has been
physically damaged, the visa is valid until the expiration date listed on it, regardless of whether the
passport has expired.
If the passport containing your valid visa has expired, simply travel to the United States with both
your new, valid passport and your expired passport containing your valid visa in hand to present to the
U.S. immigration officer upon arrival. Under no circumstances should you attempt to remove the visa from
your expired passport and paste it into your new one.
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Recent changes to U.S. immigration law require the vast majority of visa applicants to submit their applications
in person. Although some categories of applicants may be eligible for a waiver of personal appearance with a consular
officer, nearly all applicants must submit biometric fingerprints and therefore must nonetheless appear in person. This
includes applicants with diplomatic or official passports who are traveling to the United States for non-official
purposes.
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There are numerous grounds of ineligibility that can prevent or significantly delay issuance of an individual’s visa.
For a list of each of these, please refer to
the Department of State's list
of ineligibilities.
The most common ground of ineligibility, however, is that an applicant failed to demonstrate that his/her
visit to the United States would be only temporary in nature. Section 214(b) of the U.S. Immigration and Nationality
Act states: "[e]very alien shall be presumed to be an immigrant until he establishes to the satisfaction of the
consular officer, at the time of application for admission, that he is entitled to a nonimmigant status...."
To overcome Section 214(b), applicants must demonstrate that they have a residence and other ties abroad that would
compel them to leave the United States at the
end of a temporary stay. The law places this burden of proof on the applicant.
Permanent residence and strong ties differ from country to country, city to city and individual to individual.
Some examples of ties can be a job, a house, a family, and a bank account. "Ties" are the various aspects of your
life that bind you to your country of residence: your possessions, employment, social and family relationships.
During the visa interview, consular officers look at each applicant individually and consider professional,
social, cultural and other factors. In cases of younger applicants who may not have had an opportunity to form
many ties, consular officers may look at the applicant’s specific intentions, family situations, and long range
plans and prospects within his or her country of residence. Each case is examined individually and is accorded
every consideration under the law.
For more information on visa denials under 214(b), please
refer to the Department of State's fact sheet
on visa denials.
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No. U.S. law requires all nonimmigrant visa applicants to qualify for the visa on their own, through their own
individual circumstances, as outlined above. Under U.S. law, it is not enough to show that your expenses will
be covered by your host in the United States. Regardless of the financial situation of your friend or sponsor,
you are subject to the same requirements as every other visa applicant.
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Although we accept nonimmigrant visa applications from all eligible applicants, it may be more difficult for you to
qualify for the visa if you are not resident in the Dominican Republic. As such, we typically
encourage nonimmigrant visa applicants to apply for the visa at the Embassy or Consulate that covers their country
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Because of the heavy demand for nonimmigrant visas in the Dominican Republic, there is a waiting period for an appointment (for more information on wait times, please refer to the Department of State's webpage on visa wait times.
If you have an emergency that will not permit you to wait for a normal
appointment, we grant early appointments for medical emergencies on a
case-by-case, discretionary basis. You must contact our Visa Information Center
in order to request an emergency appointment. |
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Note that the following information does not apply to certain J-1 (work-study, camp counselor, exchange visitor,
etc.) visa applicants. See the next section for information pertaining to the J-1 program.
Most temporary worker categories require the approval of a petition by DHS, U.S. Citizenship and Immigration Services (USCIS) before you can apply for your visa. The process of obtaining an approved petition can be a
complex and time-consuming one, so start early. Be wary of any organizations that advertise quick and easy
employment opportunities -- phony schemes intended to defraud Dominicans abound.
Virtually all temporary work visas require the application process to be initiated by the U.S.-based employer,
who files a petition with the Bureau of Citizenship and Immigration Services for permission to hire a foreign
worker. If the petition is approved, the applicant receives a form I-797 “Notice of Approval,” the original of
which he or she should bring to the Consulate along with the completed visa application.
Each applicant for a temporary worker visa (with the exception of those applying for visas within the H-1,
L, R, and O categories) must demonstrate, at the time of his/her application, that they have a permanent residence
and other ties abroad which they have no intention of abandoning. To assist in meeting this requirement, you may
wish to submit, together with your application, evidence of permanent employment within the Dominican Republic
(your employer should note whether the position will be open for you after your return), any previous passports containing U.S.
visas (even if expired), and evidence of property ownership, if applicable.
For more information on obtaining a temporary worker visa, please refer to
the Department of State's guide to working
temporarily in the U.S.
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The "J" visa category encompasses a wide range of programs designed to enhance mutual understanding between the
United States and other countries through international educational and training programs.
Some of the most popular of these in the Dominican Republic are the Work-Study and Camp Counselor programs,
which will be discussed in greater detail below. However, it is important to note that the Department of State
administers many other programs allowing foreign nationals the opportunity to visit the United States as exchange
vistors. For more information on these, please refer to the Department of
State's website for exhange visitors.
Work/Travel: The Summer Work/Travel program provides foreign post-secondary students the
opportunity to work and travel in the United States during their summer vacations, typically May to September
for Dominicans. Eligible program participants are bona fide post-secondary school students actively pursuing
a degree or a full-time course of study at an accredited educational institution. Students must also be enrolled
in an accredited educational institution and registered for a full-time course load for the semester following
their participation in a summer work/travel program. Approximately half of all applicants in this program are
allowed to travel to the United States without first having job offers, allowing them to find employment while
there. However, half of all program participants must have job offers in the United States at the time of their
visa applications.
There are several Dominican organizations that sponsor students wishing to participate in this type of
program, arranging both their employment and issuance of their forms DS-2019 (a required part of the visa
application). All program participants are required to apply through a sponsor organization.
For more information, please refer to
the Department of State’s guide
to the program.
Camp Counselor: Camp Counselors interact directly with groups of American youth by overseeing
their activities in a camp setting during the US summer season, between May and September. Although
non-counseling chores may be an occasional part of camp life, program participants cannot serve as "staff" —
including (but not limited to) administrative personnel, cooks, or menial laborers such as dishwashers or
janitors. Foreign university students, youth workers, and other specially qualified individuals at least 18
years of age may work as counselors in US summer camps for up to four months. Extensions are not permitted.
All program participants must be placed prior to their arrival in the United States at camping facilities
that are either accredited; a member in good standing of the American Camping Association; or affiliated with a
nationally recognized nonprofit organization; or inspected, evaluated, and approved by the sponsor.
Participants receive pay and benefits commensurate with those offered to their U.S. counterparts.
Sponsors must provide information on the duties, responsibilities and contractual obligations relative to
accepting a camp counselor position to their participants prior to departure from the home country. Please refer
to the regulations for details.
As is the case with work-study visas, there are several Dominican organizations that sponsor individuals
wishing to participate in this type of program, arranging both their employment and issuance of their forms
DS-2019. All program
participants are required to apply through a sponsor organization.
For more information, please refer to
the Department of State’s guide to
the program.
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J, L, M, O, P, or Q can travel with a domestic employee to the United
States. If you are considering employing a nanny or domestic employee
to accompany you to the United States, please refer to this
domestic
employee guide. The conditions of employment should be stipulated
in a contract that is attached to the domestic employee’s B-1
visa application. All of the requirements must be documented in order
to receive approval from the consular officer. |
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Only travelers from a select group of countries and who possess the proper
documentation are eligible to travel to the United States without a visa. If
you believe you are one of these individuals and would like a complete
description of what the Visa Waiver Program is, who is eligible to participate,
and what requirements eligible participants must meet, please review the U.S.
Department of State’s main travel website at
http://www.travel.state.gov/visa/temp/without/without_1990.html.
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Travelers can now seek redress and resolve possible watch list misidentification issues at
an easy to use and easy to access online location at
http://www.dhs.gov/trip. DHS TRIP provides a way for legitimate travelers
to address situations where individuals believe they have been incorrectly
delayed, denied boarding, identified for additional screening, or have otherwise
experienced difficulties when seeking entry into the country. |
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Following are links to other websites offering more detailed information on U.S.
nonimmigrant visa policies and procedures. Please note that we are unable to
accept responsibility for the accuracy of the information you find outside of
our website.
U.S. Department of State's Bureau of Consular Affairs - The U.S. Department
of State's worldwide website detailing policies and procedures concerning all
nonimmigrant visa categories.
"See You in the USA" - An Electronic Journal produced by the U.S. Department
of State's Office of Public Diplomacy for nonimmigrant visa applicants and their
families.
U.S. Bureau of Citizenship and Immigration Services - The website for the
U.S. government agency that administers nonimmigrant policies and procedures
within the United States. In addition to providing information on specific visa
categories, this website offers guidance on what visa recipients should know
once they arrive in the United States.
International
Cultural Exchange Visas - A guide for applicants interested in participating
in one of the many programs offered within the J-1 visa category.
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If you returned home with your Department of
Homeland Security Form I-94 (white) or Form I-94W (green) Departure
Record in your passport, it means that your departure was not recorded
properly. It is your responsibility to correct this record. You must
provide U.S. Customs and Border Protection (CBP) sufficient information
so we can record your timely departure from the United States. This
will close out your earlier record of arrival to this country.
If you do not validate a timely departure from the
United States, or, if you cannot reasonably prove otherwise when you
apply for admission to the U.S. in the future, CBP may conclude you
remained in the U.S. beyond your authorized stay. If this happens, the
next time you apply to enter the U.S. your visa may be subject to
cancellation or you may be returned immediately to your foreign point of
origin.
In particular, visitors who remain beyond their
permitted stay in the United States under the Visa Waiver Program cannot
reenter the U.S. in the future without obtaining a visa from a U.S.
Consulate. If this occurs and you arrive at a U.S. port-of-entry
seeking admission under the Visa Waiver Program without a visa, CBP
Officers may order your immediate return to a foreign point of origin.
If you failed to turn in your I-94 Departure
Record, please send it, along with any documentation that proves you
left the United States to:
ACS - CBP SBU
1084 South Laurel Road
London, KY 40744
Do not mail your Form I-94 Departure Record or
supporting information to any U.S. Consulate or Embassy, to any other
CBP office in the United States, or to any address other than the one
above. Only at this location are we able to make the necessary
corrections to CBP records to prevent inconvenience to you in the
future.
To validate departure, CBP will consider a variety
of information, including but not limited to:
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Original boarding
passes you used to depart the United States;
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Photocopies of entry
or departure stamps in your passport indicating entry to another
country after you departed the United States (you should copy all
passport pages that are not completely blank, and include the
biographical page containing your photograph); and
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Photocopies of other
supporting evidence, such as:
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Dated pay slips
or vouchers from your employer to indicate you worked in another
country after you departed the United States,
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Dated bank
records showing transactions to indicate you were in another
country after you left the United States,
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School records
showing attendance at a school outside the United States to
indicate you were in another country after you left the United
States, and
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Dated credit card
receipts, showing your name, but, the credit card number
deleted, for purchases made after you left the United States to
indicate you were in another country after leaving the United
States.
To assist us in understanding the situation and
correct your records quickly, please include an explanation letter in
English. Your statement will not be acceptable without supporting
evidence such as noted above. You must mail legible copies or original
materials where possible. If you send original materials, you should
retain a copy. CBP cannot return original materials after
processing.
We strongly urge you to keep a copy of what you
send to ACS-CBP and carry it with you the next time you come to the
United States in case the CBP officer has any questions about your
eligibility to enter.
If taking short trips (30 days or less) to Canada,
Mexico, or the Caribbean Islands during the course of your visit to the
U.S., hold onto your I-94 or I-94 (W). It should only be turned in when
you leave the U.S. to return home.
Delays beyond the traveler's control, such as cancelled or delayed
flights, medical emergencies requiring a doctor's care, etc. are not
considered unauthorized overstays, however, you will need to bring proof
of the cause of your overstay next time you travel to the U.S. in order
for it to be forgiven. For airline delays, ask the airline for a letter
affirming the delay or a copy of your cancelled boarding pass.
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