All nationalities (other than Canadians) require the following documents:
- Valid passport;
- Valid original I-797 approval notice evidencing nonimmigrant status, if applicable. (Individuals in B, TN, O-3, blanket L, and H-4 or L-2 status may not have an approval notice); and
- Valid visa stamp in the same category as your current status.[1]
How to obtain a visa stamp
There is no method to obtain a visa stamp from within the U.S. The option of visa revalidation within the U.S. was discontinued a number of years ago. Visa stamps must now be obtained at one of the U.S. Embassies or Consulates abroad.
Generally, the following documents are required in order to obtain a new visa stamp from a U.S. Consulate abroad:
- Valid passport (with at least 6 months of validity left);
- Original Form I-797 Approval Notice for the nonimmigrant status (H-1B, TN-2 (Mexican), O-1; etc.);
- LAC provides the original approval notice, as well as the copy of the petition, to the individual or employer at the time of approval.
- Copy of the underlying nonimmigrant petition;
- LAC provides the original approval notice, as well as the copy of the petition, to the individual or employer at the time of approval.
- Online submission of Form DS-160 Nonimmigrant Visa Application Form, photo, and relevant fees;
- Machine readable visa issuance fee. Fee varies based on visa type. See https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/fees/fees-visa-services.html.
- For some nationalities, an additional reciprocity fee may be required. See https://travel.state.gov/content/visas/en/fees/reciprocity-by-country.html
In addition to the above required documents, we recommend having the following documents available:
- An original university degree and/or transcripts. Especially advisable for H-1B, TN-2 and Blanket L-1B applicants;
- Two recent paystubs; and
- A brief letter from the sponsoring employer which confirms you remain employed pursuant to the terms and conditions of the approval issued on your behalf.
The above are the documents generally required. However, it is very important to check the website of the Consulate at which the individual will be applying, as some Consulates require additional information. See http://usembassy.state.gov for processes and procedures at all U.S. Consulates worldwide.
What do my family members need to obtain a visa stamp?
The spouse and/or children under 21 of the principal applicant may obtain a dependent visa upon presentation of the above documents and proof of relationship to the principal applicant (original marriage or birth certificate).
Advisories: Visa Stamping Procedures
Processing times fluctuate at consular posts based on workload, security concerns, and other issues. Wait times to obtain an appointment tend to increase during peak travel periods (summer holidays; end of year holidays). It is therefore important to schedule appointments well in advance of any travel.
See https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/wait-times.html for current wait times at each consular post.
It is important to schedule enough time abroad to allow for the visa issuance post interview.
See https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/wait-times.html for current processing times from interview to visa issuance.
Note that the above site provides both the wait time to obtain an interview, and the wait time post-interview to receive your passport back with the visa in it. However, there is a caveat for applications selected for “administrative processing.” This usually refers to heightened security checks, or other factors which require the consular officer to do additional research prior to approval. Administrative processing can take weeks; there is generally no mechanism to expedite the process; and the consular officer cannot tell you the reason for the processing.
If you apply for a visa and visa issuance is delayed for any reason (most commonly due to administrative processing), unless your old visa is still valid you may not return to the U.S. (for example, in visitor status) unless/ until the new visa is issued.
Most individuals can apply for a nonimmigrant visa at any U.S. Embassy or Consulate in the world (but see advisory below) although the Consulate retains discretion to restrict applications from out-of-jurisdiction applicants. It is generally best for the individual to apply in their home country, where the consular officer can more easily verify information if necessary.
PIMS: Petition Information Management Service. Prior to approving a visa application U.S. consular posts must verify the approval of the petition via the PIMS database. Even if you are in possession of the original I-797 approval notice, the consular officer may not issue the visa until confirmation of the approval is obtained through PIMS. If PIMS has not been timely updated, this may cause a delay in visa issuance, usually of no more than two days.
Advisories: Applying for Visa Stamping in Canada or Mexico
Citizens of Iran, Sudan, Syria, North Korea and Cuba are not eligible to apply for a visa in Canada or Mexico.
Third country nationals (non-Mexican, non-American or non-Canadian citizens) who may be subject to a heightened security check (due to nationality, education/employment profile, or prior interaction with law enforcement) are strongly advised not to apply in Canada or Mexico, where they will have to remain for a prolonged period of time if visa issuance is delayed.
Many U.S. consular posts in Mexico and Canada restrict which third country nationals may apply at their posts, although Canada tends to be less restrictive than Mexico. It is very important to review the restrictions listed on the websites prior to departing the U.S.
Both Mexico and Canada require entry visas for many nationalities. It is advisable to contact a Canadian or Mexican Embassy in the United States to determine if this requirement applies to you.
Applying for Visa Stamping in Mexico
The U.S. consular posts in Mexico do not accept change of status cases; they will only accept applications from those seeking renewal of a visa that was initially issued in their home country, in the same category.
For example, an Indian national who previously received an H-1B visa in his/her home country could apply for a new H-1B visa in Mexico. However, an Indian national who previously received an F-1 visa in his/her home country and changed status to H-1B in the U.S. could not now apply for an H-1B visa in Mexico.
Applicants who cannot apply in Mexico include the following:
- Applicants for B-1/B-2 visas, including renewals, are not accepted from third country nationals who are not resident in Mexico.
- Applicants who entered the U.S. with a visa issued in their home country and changed status with USCIS and who seek a new visa in the new visa category.
- Applicants who entered the United States in one visa category and are seeking to re-enter the U.S. in a different visa category.
- Applicants who have been out of status in the U.S. having violated the terms of their visas or having overstayed the validity indicated on their I-94s.
- Applicants who entered the U.S. under the Visa Waiver Program (also known as ESTA).
[1] Exception to valid visa stamp requirement: There is an exception to the visa stamp requirement for some trips to Canada or Mexico of less than 30 days. If you would like to travel under this provision, please contact an attorney prior to departure from the U.S. to ensure you are eligible to re-enter the U.S. without a valid visa stamp.