October 24, 20051 U.S. Non-Immigrant Visa Information for AmCham Shanghai Steve Dyokas, AmCham Visa Liaison Officer Mason Yu, Visa Officer.

October 24, 2005 1

U.S. Non-Immigrant Visa Information for AmCham

Shanghai

Steve Dyokas, AmCham Visa Liaison Officer

Mason Yu, Visa Officer

October 24, 2005 2

1. Consulate Introduction

2. Visa Basics

3. Application Procedures

4. AmCham Corporate Visa Program

October 24, 2005 3

U.S. Consulate General Organization Chart (Adapted to highlight key AmCham contacts)

Consular Section

George Hogeman

Consul General Ken Jarrett

Foreign Commercial

Service

Ira Kasoff

(AmCham BOD)

Political-Economic Section

Mary Tarnowka

(AmCham BOD)

Other Sections

Public Affairs, Agricultural

Trade, Security,

Management

October 24, 2005 4

Consular Section Chief George Hogeman

American Citizen Services (ACS) Unit Chief

Dan Wald

Non-Immigrant Visa (NIV) Chief

Chris Machin

AmCham Corporate Visa Program (CVP)

Liaison

Steve Dyokas

Other Visa Officers

May 2004: 3 officers

October 2005: 7 officers

Consular Section Organization Chart

October 24, 2005 5

Visas: What is a Visa?

• Permission to request admission to the US at a Port of Entry (POE), usually an airport.– Validity for B “visitors visas” is now

one year, with multiple entries allowed.

• Key: DHS officers at the POE decide how long a visitor can stay.

October 24, 2005 6

• Apply early--wait time can exceed 2 months!• Information and application forms are on our

website: http://www.usembassy-china.org.cn/shanghai/

1) China-wide Visa Information Call Center– Appointments & general procedural questions

– Domestic users buy PIN cards at CITIC Bank– International callers use credit cards

2) Renewing visa expired less than 1 year – apply through CITIC Bank.

3) AmCham Corporate Visa Program

Visa Application Process

October 24, 2005 7

• Arrive at Westgate Mall no more than 30 minutes before assigned time.

• Bring as few personal belongings as possible, but be sure to bring:– Reading material– Proof of reasons to return to China – work

history, income history, assets, family & social ties, previous travel record, etc.

– Information for any possible “check” – resume, publications, information about technology and your sponsor/inviter

Visa Interview Preparation

October 24, 2005 8

• Is the applicant qualified for the category of visa?

• Can we be confident the applicant will not violate any US law? (Immigration violation & security concerns both important)

• Is the applicant’s need to travel genuine?

Visa Interview: Key Issues

Note: If the applicant is not qualified, then the need for travel to the US is irrelevant.

October 24, 2005 9

• An SAO or other additional “check”

• The interviewing officer wants to verify the applicant’s employment, invitation letter or other supporting information

Reasons your case might be delayed:

A “221(g)” hold is not a refusal! It means we need more documents or time to process your case.

October 24, 2005 10

B, C, H, J, L – What do they all mean?

B = Business or Tourism

C = Transit

H = Temporary Worker or Trainee

J = Exchange Visitor

L = Intra-company Transferee

October 24, 2005 11

B1, B2 and B1/B2:“Visitors Visas”

• Most common category

• Perfect for employees or customers on orientation, business meetings

• Perfect for vacation, too!

• Business should not be productive work, i.e. “adding to the bottom line”

October 24, 2005 12

H-1B: Temporary Workers

• Requires approved petition from DHS

• H-1B = Temporary skilled workers in specialty professions (even in permanent jobs)

• Do not have to prove residence abroad

October 24, 2005 13

H3: Temporary Trainees

• Requires approved petition from DHS

• Training to be applied in home country

• Must prove does not intend to abandon residence abroad

October 24, 2005 14

L: Intra-company Transferees

• Requires approved petition from DHS

• Company must be international and conducting business in the U.S. and at least one other country

• Applicant must have worked for company for certain amount of time

• Training is not allowed for L1 “specialists”

October 24, 2005 15

Training: B1, H3 or J?• B1: Short term, non-productive, observational

training. No more than 12 hr/week classroom training.

• H3: Training that is not available in China; productive work or “on-the-job” component and salary payment in the US are allowed. DHS Petition required. Best for long-term training.

• J1: Also allows “on-the-job” or classroom training. Authorized sponsor must issue DS-2019 form. The two-year return rule applies. Better for academic, exchange or leadership training.

October 24, 2005 16

Work: H-1B Skilled Worker, L1 Manager or L1 Specialist?

• H-1B: Employee not required to have experience working in China office. DHS petition required, including labor certification.

• L1 Manager transferees: No labor certification needed, must be manager or executive – not a specialist or simply running the business on daily basis.

• L1 Specialist transferees: No labor certification needed, must be specialized and cannot receive training in L1 status to do job.

October 24, 2005 17

Why didn’t my employee qualify?

• Most common reason is Section 214(b) of the Immigration & Nationality Act (applies to everyone except H-1B or L1 workers)

• 214(b) presumes immigrant intent

• To overcome the presumption, applicants must show strong ties abroad that will ensure departure from the United States

October 24, 2005 18

AmCham Corporate Visa Program: Your AmCham dues and U.S. Consulate General

Shanghai working for you!

• Jump the queue – no wait for appointment

• Access to a visa officer to answer your substantive questions

• Special Travel Expedite Program (STEP) for long-term reliable contacts

However, CVP applicants have no visa privileges other than those stated above. They must meet the same

legal requirements as all other applicants.

October 24, 2005 19

Applying for the AmCham Corporate Visa Program

• Application forms & procedures available on AmCham web site:– http://www.amcham-shanghai.org

• Must be AmCham Corporate Member for at least 6 months

October 24, 2005 20

Welcome, New CVP Members!

• Beginning November 15, the CVP will expand to include new, non-American member companies which:

A) Have been AmCham Corporate Members for at least 6 months, and

B) Maintain a significant business presence in the US

October 24, 2005 21

AmCham Corporate Visa Program (CVP): Basic Criteria for Acceptance

• Criteria are driven by two major factors: fraud prevention and suitability for the CVP.

• Application must be complete and fully accurate.

• Corporate Visa Signatory must take an active part in implementing and staying up-to-date on CVP procedures. Company policy for implementing CVP procedures must be very clear.

• Signatory must be accountable to US HQ, ordinarily resident in our Consular District and have decision-making authority in the company; preferably an American citizen.

October 24, 2005 22

Key Issues for CVP Acceptance

1) Signatory must be easily accessible, responsive and knowledgeable about travel plans of his or her employees.

2) Company must be suitable for the program, i.e. have regular travel needs which can not be met by the CITIC expedited visa renewal program.

Key: Each company and its unique situation will be evaluated on a case-by-case basis.

October 24, 2005 23

Good Standing in the CVP

Please Be Aware:The Consulate regularly

suspends or expels companies from the

Corporate Visa Program!

October 24, 2005 24

Maintain Good Standing

• We hold the CVP Signatory to a very high level of personal involvement and accountability. In order for companies to stay in the program they must satisfy these requirements:– The Signatory must keep up with policy and

procedural changes made by the Consulate and AmCham.

– The Signatory must be responsive to inquires and knowledgeable about the travel plans of his or her employees.

– CVP procedures must be implemented consistently.

25October 24, 2005

Consulate Contact Information

• Visa Information Call Center– 4008-872-333 within China– +86-21-3881-4611 from overseas

• Visa Q & A

– Mondays and Tuesdays at the American Citizen Services window (8th Floor, Westgate Mall) must arrive between 3:30-4:00 p.m.

• American Citizen Services Unit

– 3217-4650, extensions 2102 or 2103

26October 24, 2005

Web & E-mail Information:

• www.amcham-shanghai.org

• www.usembassy-china.org.cn/shanghai

• www.travel.state.gov

• For CVP procedural questions:

[email protected]