Applying for a Visa

Two US federal government agencies are involved in the international travel process. The Department of State issues visas at US embassies and consulates abroad, while Customs and Border Protection (CBP, part of the Department of Homeland Security) grants entry ("admission") into the US at ports of entry such as border crossings and airports.

• First Visa Application to Enter the US
• Second/Renewal Visa Application
• International Travel
• Administrative Processing
• Exceptions to Needing a Visa

First Visa Application to Enter the US from Another Country for the First Time in a New Immigration Status

IFSIS will notify you when your petition has been filed. You will need the hard copy approval notice (USCIS Form I-797) to present in person at your visa interview. IFSIS will mail the approval notice to the address you provide via UPS. In the meantime:

• Review the visa appointment wait times at various consulates.
• Make a visa appointment. Use the DOS website for appointment scheduling and visa processing information for the US embassy or consulate where you plan to apply for your visa.
• Visit the Department of State’s website to learn about visa fees. You will be required to pay this fee along with the reciprocity fee for your country.
• Complete and submit Form DS-160.
• Review the consulate’s website thoroughly and bring any necessary original documents (like degrees), photographs, and/or money orders for visa fees.

Document Checklist:

• Original Form I-797, Approval Notice, from USCIS (IFSIS will send to you via UPS)
• Copy of LCA (IFSIS will send to you via UPS if you are applying for an H-1B or E-3 visa)
• Valid passport
• Original Form I-797, Approval Notice, from USCIS for your J-1 waiver (only if you previously held J-1 status and received a waiver of the two-year home residency requirement)

Your USCIS approval notice, together with the electronic Form I-94 you can download after entering the US, controls your immigration status and allows you to work in the US.

Second/Renewal Visa Application

It is fine if your visa expires while you are in the US. Your visa does not control your immigration status, and a visa does not allow you to work in the US. A visa is simply a “ticket” to apply for admission to the US. If the visa stamp in your passport expires, you can remain in the US and continue your employment through the end date of your most recent USCIS approval notice or Form I-94 (whichever is shorter).

However, if you plan to travel internationally and either a) the visa in your current passport has expired, or b) you have changed immigration status within the US since obtaining your last visa (e.g., F-1 to H-1B, J-1 to H-1B, H-1B to O-1, etc.), you must apply for a new visa stamp at a US embassy or consulate abroad before you can re-enter the US.

Before Leaving the US:

• Notify your department administrator and This email address is being protected from spambots. You need JavaScript enabled to view it. at least two weeks before you leave the US.
• Review the visa appointment wait times at various consulates.
• Make a visa appointment. Use the DOS website for appointment scheduling and visa processing information for the US embassy or consulate where you plan to apply for your visa.
• Visit the Department of State’s website to learn about visa fees. You will be required to pay this fee along with the reciprocity fee for your country.
• Complete and submit Form DS-160.
• Make sure to review the consulate’s website thoroughly and bring any necessary original documents, photographs, and/or money orders for visa fees.

Document Checklist:

• Original Form I-797, Approval Notice from USCIS (if concurrently employed with both UAB and HSF, feel free to bring both notices, but only one is required to apply for the visa)
• Copy of LCA provided by IFSIS when you picked up the approval notice (if you are in H-1B or E-3 status)
• Valid passport
• Employment letter (please have your current supervisor or department chair sign)
• Your three most recent UAB pay statements printed from your Oracle Self-Service page (if concurrently employed with HSF, please also bring your three most recent HSF pay statements from the Lawson system)
• Original Form I-797, Approval Notice, from USCIS for your J-1 waiver (only if you previously held J-1 status and received a waiver of the two-year home residency requirement)
• Chart of past and current research projects at UAB (if Researcher/Scientist)
• Current CV

International Travel WITHOUT Needing to Apply for a New Visa While Abroad

If you will travel internationally and already have a valid US visa stamp for your current immigration status, you do not need to apply for a new visa stamp in order to re-enter the US. Instead, please bring the following documents in case they are requested by a CBP agent at the airport:

• Valid passport
• USCIS approval notice for UAB (or for both employers if you are clinical faculty dually-appointed with both UAB and HSF)
• LCA for UAB petition, if you are in H-1B or E-3 status (provided to you when you picked up your approval and receipt notices) (or for both H-1B petitions if you are clinical faculty dually-appointed with both UAB and HSF)
• I-612 J-1 waiver approval notice (if you are a clinical faculty member who received a J-1 waiver)
• Three most recent pay statements from UAB (or from both employers if you are clinical faculty dually-appointed with both UAB and HSF)

Administrative Processing

Everyone who applies for a visa undergoes screening before the visa is issued. A consular officer will conduct an initial review of the application and interview you about your planned activity in the US. Please provide clear and concise information about your field of teaching, research, and/or employment. In most cases, US embassies and consulates issue the visa and return your passport within a few days or a couple of weeks. However, some individuals are slected for an additional level or review or screening via a deeper background check prior to receiving a visa. This is known as “administrative processing,” and if you are selected for it, the consular officer should provide you with an explanation known as a “221(g) letter.” Please email a copy of the 221(g) letter to This email address is being protected from spambots. You need JavaScript enabled to view it. immediately if you are selected for administrative processing and notify your department administrator. The consulate will email you when administrative processing is completed, usually within 30-60 days. However, there is no set timeframe, and it can take up to 90-120 days. The Department of State will neither discuss nor reveal the reason for requesting administrative processing on a particular applicant, and there are no provisions for expediting review. If you have not received your passport and visa within 60 days, we will work with your department to follow the instructions provided in the 221(g) letter and provide an additional support letter for you.

If you are employed or conduct research in a technologically or biologically “sensitive” field, consult your supervisor or faculty advisor to discuss contingency plans in the event you are placed under administrative processing or face security clearance issues.

Some individuals may be subject to a Security Advisory Opinion because of their country of origin, citizenship, the field of study/research, or at the discretion of the consular officer. Security Advisory Opinions commonly take 6 to 8 weeks but may take longer in some cases. 

• If an SAO is requested, the consular post will ask the Department of State to initiate the process of requesting clearances from various government agencies and databases including the FBI, CIA, Drug Enforcement Agency, Department of Commerce, Office of Foreign Asset Control, Interpol, the national criminal and law enforcement databases, the DOS Bureau of Non-proliferation, and others. The Bureau of Non-proliferation is concerned with technology transfer and other issues. It considers lasers and many other technologies studied and researched at UAB to be “sensitive” technologies with possibly risky applications or risk of being exported.
• If you conduct research in certain technologically sensitive fields appearing on the TAL, the Department of State must conduct a security clearance prior to issuing a visa. Clearance may take one to several months. The TAL includes: nuclear technology; rocket systems; unmanned air vehicle subsystems; navigation, avionics, and flight control usable in rocket systems; chemical, biotechnological, and biomedical engineering; remote sensing, imaging, and reconnaissance; advanced computer/microelectronic technology; materials technology; information security; laser and directed energy systems technology; sensors and sensor technology; marine technology; robotics; and urban planning. Please understand that there can be many reasons for a delay in visa issuance other than administrative processing. All applicants must fulfill multiple criteria to the satisfaction of the consular officer. The burden of proof lies with applicants to demonstrate that the documents presented are genuine and that they are eligible for the visa.

Issues that may cause problems or delays in the visa application process:

• Inconsistent spelling of name on documents (passport, visa application, supporting documentation).
• Failure to read and follow the tips and guidance on the consulate’s website.
• The consular officer cannot understand your purpose for being at UAB/HSF and therefore cannot assess the risk/benefit of granting the visa.
• You are a citizen of a country considered to pose a risk, or your work will involve a sensitive research field listed on the Technology Alert List (“TAL”).
• Someone else has the same or similar names as you. The consulate must rule out any incidents and resolve any “hits” the Consular Lookout (CLASS) system reveals on the name(s).

You can check the status of your visa application online via the Department of State’s Consular Electronic Application Center.

Exceptions to Needing a Visa

Canadians Do Not Need Visa Stickers (Foils) in Their Passport

Canadian citizens do not need a physical visa stamp in their passport or visa appointments at a US embassy or consulate in order to enter the US. Canadian citizens can enter the US simply by presenting their USCIS approval notice (Form I-797) to a Customs and Border Protection official at any US port of entry. Canadian international medical graduates currently in the US in J-1 "Alien Physician" status can also exit the US and re-enter with an H-1B approval notice to begin their clinical faculty appointment with UAB/HSF even without an approved J-1 physician waiver due to specific wording in the waiver immigration regulations. 

Automatic Visa Revalidation (AVR) ONLY for Travel to Canada or Mexico for Less Than 30 Days

If the visa stamp in your passport has expired, you can still travel for less than 30 days to Canada or Mexico on the expired visa and re-enter the US. However, you must have an unexpired Form I-94 (download from https://i94.cbp.dhs.gov/I94/#/home) or be able to present a valid Form I-797 USCIS Notice of Approval for your current H-1B or O-1 status (or dependent H-4 or O-3 status) at a US port of entry. This process is known as “automatic visa revalidation.”

Read More About Automatic Visa Revalidation →

Traveling While I-485 Is Pending or on Advance Parole Card (USCIS Form I-131)

Individuals in H-1B status are perfectly free to travel while an I-485 green card application is pending, as long as there’s no chance USCIS approves the I-485 while you’re outside the country, which can complicate your return to the US. Traveling while the I-485 is pending does not affect your I-485 application: USCIS will continue to adjudicate it. However, if you filed an initial I-131 application along with your I-485, your I-131 application will be deemed abandoned when you leave the US, and you will need to apply for an H-1B visa to re-enter the US. If you wait until the I-131 is approved before traveling abroad, you’ll have a valid advance parole entry card and will not need to apply for a new H-1B visa while abroad. However, if you re-enter the US on the basis of the advance parole card instead of on an H-1B visa, as a best practice, the university will have to file new H-1B petition(s) for you after you re-enter to “reactivate” your underlying H-1B status until your green card arrives. IFSIS recommends keeping your underlying H-1B status active until your green card is issued, unless you are comfortable, based on your own personal risk tolerance, continuing to work and remaining in the US based solely on your status as an I-485 applicant. It's entirely up to you and your personal risk tolerance. See https://www.uscis.gov/green-card/while-your-green-card-application-is-pending-with-uscis#.