All applicants for a U.S. visa must apply through a U.S. consulate or embassy abroad; you cannot obtain a U.S. visa from within the U.S. Appearing for a personal interview is also required.
The length of the visa validity, as well as the number of entries allowed, is determined by the U.S. consular officer and by agreements between the U.S. and your country of citizenship. In some cases, one visa will not cover the full length of your intended stay in the U.S., and if this occurs, you will need to apply for a new visa during your next visit outside the U.S. after the expiration date. You are able to remain legally in the U.S. with an expired U.S. visa, as long as your Form I-94 (Arrival/Departure Record) is still valid; or if your Form DS-2019 (J-1) or Form I-797 (H-1B) is still valid; or in some cases, if you have a pending extension of status application. If you have any questions about your visa or stay in the U.S., please contact a Visa and Immigration Services Advisor.
Please factor into your international travel and work plans your visa processing times abroad. Remember that visa processing can sometimes take longer than expected, and as such, you should have flexible plans when applying for a visa. Depending upon your visa status, you will need to bring several documents in support of your visa application. For more information, see the www.usembassy.gov.
If you are seeking a J-1 visa:
- The U.S. Department of State has instructed U.S. consulates that they may issue a J-1 visa no more than 120 days in advance of the program start date. However, an application for a J-1 visa can be submitted more than 120 days in advance of the DS-2019 start date to accommodate long processing times. Please find detailed instructions at the website of the consulate where you will apply for a visa.
- In addition, you may enter the U.S. for your initial J-1 Exchange Visitor program no more than 30 days prior to the starting date noted on the DS-2019 Form. If you try to enter the U.S. more than 30 days before the start date on your DS-2019, you may not be permitted to enter the U.S.
- For initial J-1 Exchange Visitor programs, please look at the start date on your Form DS-2019. If you cannot enter the U.S. by this date, please communicate with a Visa and Immigration Services Advisor.
You will need to carry the following items with you when entering the U.S.:
- A passport that will be valid for six months beyond your intended length of stay in the U.S.
- The original version of Form DS-2019 (endorsed for travel by a Visa Advisor at Berkeley Lab if a subsequent entry)
- SEVIS fee receipt (for your initial J-1 visa)
- Proof of financial support (i.e., source of funding)
- Anything additionally requested specifically by the U.S. consulate or embassy where you will seek your visa. Check your individual post for details.
If you are seeking an H-1B visa:
- For your initial entry into the U.S. with an H-1B visa, you may enter the U.S. up to 10 days prior to the validity date listed on your Form I-797 Notice of Action (Approval Notice), but not prior to 10 days before the validity date begins.
You will need to carry the following items with you:
- A passport that will be valid for six months beyond your intended length of stay in the U.S.
- The original version of your Form I-797, Notice of Action (Approval Notice). If you do not have it with you, please obtain it from Berkeley Lab Visa and Immigration Services.
- Recommended to bring your last three paycheck stubs from Berkeley Lab if this is a subsequent and not initial entry into the U.S.
- Anything additionally requested specifically by the U.S. consulate or embassy where you will seek your visa. Check your individual post for details.
Dependent Visa Processing
If your spouse and/or dependent children will be joining you in the U.S., you will need to secure individual dependent (for example, J-2, H-4) visas for them. Please follow procedures specific to the embassy or consulate where you will seek your family’s visas. For specific questions about accompanying family members and their visas, please consult with your Visa and Immigration Services Advisor at Berkeley Lab.
Note about Administrative Processing — Visa Processing Delays
While all individuals applying for a U.S. visa are screened before the issuance of a visa, certain individuals may be subject to further screening or clearance, commonly known as “administrative processing.”
Issues that may trigger an administrative-processing or security-clearance delay include the following situations:
- Inconsistent spelling of your name.
- Your name is similar to others in the consular lookout system requiring further investigation.
- Nature of research/study may be considered a “sensitive technology” requiring a security clearance (Visa Mantis)
- If you are from a terrorist-sponsoring country, you will likely be subject to an additional security clearance process that can take several months.
If a security advisory opinion (administrative processing) is requested by the consulate, your visa will not be issued until the clearance is received from Washington, D.C. On average, this takes about 60 days, but can take longer. There is no means to expedite this process nor to inquire regarding the status of the case. Some U.S. consulates maintain a list on their website of cases under review; search for “Administrative Processing Check Status.”
After Your Arrival into the U.S. From International Travel
Please ensure that you send a scanned copy of your new I-94 to your Berkeley Lab Visa and Immigration Services Advisor upon arrival back into the U.S. You can obtain your new I-94 as well as a copy of your travel history at the Customs and Border Protection Official site.
For other visa types, please contact a Visa and Immigration Services Advisor.
