Post Approval Guide: Consular Processing

Your petition was approved “Consular Processing”. This means that your status will not automatically change. To activate the status, you will need to obtain a visa stamp and enter the US.

We recommend booking your visa appointment before you receive a copy of your I-797B Approval Notice, as it is not necessary to take a physical copy of the approval notice to your visa appointment.

Although it is best practice to have your physical approval notice in hand, if you have urgent travel needs, an electronic copy of the I-797B Approval Notice should suffice.

Scheduling your visa appointment

Follow the post-approval checklist and instructions for detailed steps on what to do next.

We'll walk you through how to:

• complete the DS-160
• schedule your visa interview appointment
• complete the I-9
• request a social security number

We'll also provide a detailed list of what to:

• bring to the visa interview
• do once you receive your visa approval
• carry for entry into the US

Note: Some US embassies and consulates are now accepting virtual appointments. This means you may be asked to send in the requested documentation instead of attending your in-person interview. Please contact your US embassy or consulate directly for further guidance.

Post-approval checklist

✔️ Complete DS-160

• Fill out the DS-160 Form for you and each Dependent
• Print the confirmation page

Note: Some US embassies and consulates are now accepting virtual appointments. You may be asked to send in the requested documentation instead of attending your in-person interview.

✔️Schedule visa appointment and pay visa fees

• Visit the US embassy or consulate website where you will be interviewed for country-specific instructions

Note: Some US embassies and consulates are now accepting virtual appointments. This means you may be asked to send in the requested documentation instead of attending your in-person interview. Please contact your US embassy or consulate directly for further guidance.

✔️Attend visa interview

• Attend the visa interview at the US consulate

Note: Some US embassies and consulates are now accepting virtual appointments. You may be asked to send in the requested documentation instead of attending your in-person interview.

You will need to bring:

• Copy of I-797B approval notice
• DS-160 confirmation page
• Application fee payment receipt
• Valid passport
• Two color, passport-style photographs
• Copy of your petition

Your dependents will need to bring:

• Copy of I-797B approval notice
• DS-160 confirmation page
• Application fee payment receipt
• Valid passport
• Two color, passport-style photographs
• Marriage certificate (for spouse)
• Birth certificate (for child)

✔️ Receive visa approval

• Receive your passport back with a visa stamp
• Contact us if you are issued “administrative processing”

✔️Carry documents for entry into the US

You will need to carry your valid:

• Passport
• Visa stamp
• I-797B approval notice

Your dependents will need to carry their valid:

• Passport
• Visa stamp
• I-797B approval notice (recommended)
• Marriage certificate for spouse (recommended)
• Birth certificate for child (recommended)

✔️Review I-94

• View your new I-94 on the I-94 - official website
• Contact US customs and border protection (CBP) promptly if there is an error

✔️ Complete I-9

• Complete Form I-9, employment eligibility verification
• You will need your valid:
  • Passport
  • I-94

✔️ Request Social Security Number (SSN)

• Apply for a Social Security Number and card
• You will need your valid:
  • Passport
  • Visa stamp
  • I-94

✔️The next time you travel outside the US

You will need to carry your valid:

• Passport
• Visa stamp
• I-797B approval notice
• 2-3 recent pay statements from your employer listed on the I-797B approval notice

Your dependents will need to carry their valid:

• Passport
• Visa stamp
• I-797B approval notice (recommended)
• Marriage certificate for spouse (recommended)
• Birth certificate for child (recommended)

You will:

• Receive a new I-94 each time you re-enter the US
• Review your new I-94 on the I-94 - official website
• Contact US customs and border protection (CBP) promptly if there is an error

Post-approval instructions

Step 1: Complete DS-160

• Fill out the DS-160 Form for you and each dependent
• Find tips to complete the DS-160 form on the DS-160: Frequently Asked Questions website
• Dependents applying for a visa stamp will each need the DS-160 form
• Print the confirmation page once complete

Note: Some US embassies and consulates are now accepting virtual appointments. You may be asked to send in the requested documentation instead of attending your in-person interview.

Step 2: Schedule the visa appointment and pay the visa fees

• Visit the US embassy or consulate website, where you will be interviewed for country-specific instructions on how to schedule your appointment and pay the required fees
• Schedule one visa appointment for the entire family! You can also schedule separate visa appointments

Note: Some US embassies and consulates are now accepting virtual appointments. This means you may be asked to send in the requested documentation instead of attending your in-person interview. Please contact your US embassy or consulate directly for further guidance.

Step 3: Attend visa interview

• Visit the US embassy or consulate website, where you will be interviewed for country-specific directions on how to get there

Note: Some US embassies and consulates are now accepting virtual appointments. You may be asked to send in the requested documentation instead of attending your in-person interview.

• Attend the visa interview at the US consulate with all required documents
• You will need to bring your copy of the I-797B Approval Notice, DS-160 confirmation page, application fee payment receipt, valid passport, two-color, passport-style photographs, and a copy of your Petition
• Your dependents will need to bring their copy of the I-797B approval notice, DS-160 confirmation page, application fee payment receipt, valid passport, two color, passport-style photographs, marriage certificate (for spouse), and birth certificate (for child)

Step 4: Receive visa approval

• Receive your passport back with a visa stamp inside about 3-5 days after your interview
• Your dependents will have their own visa stamp
• Contact us if you are issued “Administrative Processing." This means that the consulate needs additional time to review your application before visa issuance

Step 5: Carry documents for entry into the US

• You will need to carry your valid passport, visa stamp, and I-797B Approval Notice
• Your dependents will need to carry their valid passport and visa stamp. We also recommend they carry a copy of the I-797B Approval Notice, marriage certificate (for Spouse), and birth certificate (for child)

Step 6: Review I-94

• View your new I-94 online once you enter the US
• Dependents will have a separate I-94 record
• The I-94 is the controlling document regarding your status
• Contact US customs and border protection immediately if there is an error on your I-94 to request a correction

Step 7: Complete I-9

• Complete Form I-9, Employment Eligibility Verification, on your first day of work
• Present your valid passport and I-94 showing valid status

Step 8: Request Social Security Number (SSN)

• Apply for a Social Security Number and card, if you do not already have one
• You will need your valid passport and I-94 showing valid status to apply

Step 9: The next time you travel outside the US

• You will need to carry your valid passport, visa stamp, I-797B approval notice, and 2-3 recent pay statements from the employer listed on the I-797B approval notice
• Your dependents will need to carry their valid passports and visa stamps. We recommend they also carry a copy of the I-797B Approval Notice, marriage certificate (for spouse), and birth certificate (for child)
• Receive a new I-94 each time you re-enter the US
• Review your new I-94 on the I-94 - official website
• Follow step 6: Review I-94

Visa information

Visa reciprocity (for visa applicants from certain countries)

The US government has visa reciprocity requirements for visa applicants from certain countries.

Based on the applicant’s country of birth, there may be additional fees and restrictions:

• You may be required to pay a visa reciprocity fee or issuance fee after your visa application is approved. This fee is in addition to the visa application fee or MRV fee. Check out fees for visa services for more information
• You may seek or apply for an allotted number of entries into the US
• Your visa is only valid for entry during the validity period listed on the visa. The validity of your visa stamp may be different from the validity period on your I-797B Approval Notice. See Visa Vs. Status below.

Visa vs. status

The visa is just an entry document. It is not your status in the US.

If your visa stamp was cut short because of visa reciprocity and you need to travel internationally, you can use your existing, valid I-797B Approval Notice to request a new visa stamp.

OR

If your visa stamp expires while you are in the US, the next time you travel internationally, you should make an appointment at a US consulate to receive a new stamp.

Your visa interview

The purpose of the visa interview is for the Consular Officer to confirm your identity and that you are qualified for the requested visa. The Consular Officer will ask you questions about your identity, your US job, and your background.

The interview itself will usually last less than 10 minutes.

What you need to bring to the visa interview:

• Visit the US embassy or consulate website, where you will be interviewed for country-specific instructions
• Follow the checklist and step-by-step instructions specific to your approval of “Change of Status” - provided in this guide

Sample interview questions

Sample interview questions the consular officer may ask you:

• What is your name?
• What is your current employment?
• What company will you work for in the US?
• Have you ever been to the US before? If so, when?
• Where will you be living in the US?
• Where will you be working in the US?
• What work will you be doing in the US?
• How long do you plan on staying in the US?
• Have you ever been convicted of a crime? If so, what was the crime?
• Who will travel with you to the US?
• What is your field of expertise?
• What makes you extraordinary?

This is not an exhaustive list, but it is intended to give you an idea of the types of questions you may be asked.

Tips to ace your interview

Tip #1: Prepare an “elevator pitch”

Be ready to articulate what the company does and what you will be doing in the US. You should review the petition and be prepared to talk about why you are extraordinary.

For example: You founded a startup that raised [$X] million in venture capital funding, you have been featured in major publications such as [X], and received key awards such as [X].

Tip #2: Make sure you are familiar with the description of your job duties in the petition

You do not have to recite the job duties word-for-word, but your description should be consistent with the petition.

Tip #3: Go into your interview confidently and positively

The Consular Officer is not looking for reasons to reject your visa but rather just trying to make sure it passes the “smell test.”

Tip #4: Answer questions with short answers but clearly, truthfully, and confidently

The Consular Officer will ask you for more details if they want you to elaborate.

Tip #5: Unless you are H-1B or L, you will need to maintain non-immigration intent

What this means is that you must have the intent to depart the US after a temporary stay.

For example: If the Consular Officer asks about your long-term plans, it is important to emphasize that you plan to eventually leave the US. However, you must answer questions truthfully.

Tip #6: In the unlikely event that your visa is not approved, stay calm and pay attention to what the Consular Officer is saying

After you leave, it is almost impossible to get information from the consulate. Ask the officer:

• Would you mind explaining the reasoning?
• What documents were missing?
• What answers did you find problematic?
• Could you please provide more clarification?

Last resort: Would it be possible for a supervisor to look at the application? A supervisor will likely not change the decision but may give you more information

Afterward, immediately write down everything the Consular Officer said.

Dependent information

Certain Dependents (spouses) are eligible for Employment Authorization once they enter the US. For example:

• If you are in L-1 status, certain L-2 spouses do not need to apply for an Employment Authorization Document (EAD) to work in the US. Please contact us for more information.
• If you are in H-1B status, your H-4 spouse may be eligible to apply for Employment Authorization. Check out the USCIS website for more information on Employment Authorization for Certain H-4 Dependent Spouses
• If you are in O-1 status or TN status, your O-3 and TD Dependents are not eligible for work authorization in the US

Contact us for specific dependent status information and eligibility.

F-1 & J-1 student information

FICA taxes exemption

Generally, students in the US in F-1 and J-1 status are exempt from FICA taxes (Medicare and Social Security taxes). However, if you later change status from F-1 or J-1 to a different status, such as O-1 or H-1B, you will then become subject to FICA taxes.

Your US employer must begin withholding FICA taxes from your “Change of Status” effective date.

Checklist and instructions:

• You are subject to FICA taxes because you changed status from F-1 or J-1 to a different status - such as O-1 or H-1B
• Your employer must begin withholding FICA taxes from your “Change of Status” effective date - from the day your status begins
• Visit the Internal Revenue Service (IRS) website for more information

STEM OPT

If you change from F-1 STEM OPT to a different status, such as O-1 or H-1B, you must complete the “final evaluation on student progress” section of Form I-983 STEM Training Plan. This section must be signed by both you and your US employer and then submitted to your university.

Checklist and instructions:

• Complete the “final evaluation on student progress” section of Form I-983 STEM Training Plan
• Both you and your US employer must sign the form
• Submit the signed form to your university

Changes & amendments

Do you plan on making changes? Please contact us before changing your home address, employer, job duties, or work location. A change of home address, change of employer, or amendment filing may be required.

Change of home address

You must notify USCIS if you change your home address.

Checklist and instructions:

• Complete form AR-11, Alien’s Change of Address Card
• Within 10 days of the move. This will notify USCIS

Change of employer

Your new employer will need to file a “Change Of Employer” petition on your behalf if you want to work for a different employer. Depending on your status category, you may only be able to start work for the new employer once the “Change Of Employer” petition is approved. For example:

• If you are in O-1 status, you cannot start for the new employer until after the “Change of Employer” is approved. Once the O-1 "Change of Employer" is approved, you do not need to apply for a new O-1 visa stamp if you already have a valid O-1 visa stamp, even though your employer has changed
• If you are in H-1B status, you may potentially be able to start for the new employer based on the filing of the “Change of Employer” petition and may not have to wait until the approval

Please contact us for confirmation of the timeline and impact of changing your employer based on your specific status and situation. Then, follow the “Change of Employer” Checklist and instructions.

Checklist and instructions

• Reach out to us before changing your employer if you want to work for a different employer
• File for a “Change of Employer”. Your new employer will need to file a “Change of Employer” petition on your behalf if you want to work for a different employer
• Receive your “Change of Employer” approval
• Start working for your new employer. Depending on your status category, you may only be able to start work for the new employer once the “Change of Employer” petition is approved

Amendment

A “material” change to your role would require an amendment. If there is a substantial change in your job duties from the duties listed in the petition, or if you change from working full-time to part-time, you may require an amendment.

Please contact us for confirmation of the timeline and impact of filing an amendment based on your specific status and situation. Then, follow the amendment checklist and instructions.

Checklist and instructions:

• Reach out to us before changing your job duties or work location
• File for an amendment if required. A “material” change to your role would require an amendment
• Receive your amendment approval. You cannot start working in the new role until the amendment petition is approved
• You can start working in the new role once you have the new approval. Depending on your status category, you may only be able to start work in the new role once the amendment petition is approved

Extensions

FAQs about extensions:

How long is my status valid?

Check the validity date on your I-797B Approval Notice.

How often can I extend my status?

Contact us for more information.

How do I start the extension process?

• Extend your status with us by starting the extension process early
• If Deel Immigration filed your visa petition, we’ll reach out to you prior to your status expiring
• If Deel Immigration did not file your visa petition, schedule a free consultation to get started

How early can I file?

• File early - up to 6 months prior to your status expiration
• If Deel Immigration filed your visa petition, we’ll reach out to you in advance, long before your visa expires
• If Deel Immigration did not file your visa petition, schedule a free consultation to get started

Permanent residency

Direct path to a US green card

We can help create your path to permanent residency through the green card process.

Learn more about how to get a US green card.

Immigrant petitions

• EB-1A: Alien of Extraordinary Ability
• EB-2 National Interest Waiver

Green cards

• I-485 “Adjustment of Status”
• Unlock your path to a US green card

Reach out to us to get started today.