Post Approval Guide: Consular Processing Canadian

Congratulations, you’re approved! Your petition was approved “Consular Processing.” This means that your status will not automatically change. To activate the status, you will need to present your I-797B approval notice and Passport and enter the US.

Visa-exempt

Canadians are visa-exempt. This means that you do not need to obtain a visa stamp to enter the US.

Post-approval checklist

✔ Carry documents for entry into the US

You will need to carry your valid:

• Canadian passport
  • I-797B approval notice

Your Canadian dependents will need to carry their valid:

• Canadian passport
  • I-797B approval notice
  • Marriage certificate (for spouse)
  • Birth certificate (for child)

Your non-Canadian dependents will need to carry the documents listed above and:

• Apply for a visa stamp

✔ 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 - A new I-94 is issued every time you enter the US

✔ Request Social Security Number (SSN)

• Apply for a Social Security Number and Card.
• You will need your valid:
  • Passport
  • I-94

✔ The next time you travel outside the US

You will need to carry your valid:

• Canadian passport
  • I-797B approval notice
  • 2-3 recent pay statements from the employer listed on the I-797B approval notice

Your Canadian dependents will need to carry their valid:

• Canadian passport
  • I-797B approval notice
  • Marriage certificate (for spouse)
  • Birth certificate (for child)

Your non-Canadian dependents will need to carry their valid:

• Passport
  • Visa stamp
  • I-797B approval notice
  • Marriage certificate (for spouse)
  • 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
  • Contact US customs and border protection (CBP) promptly if there is an error

Post-approval instructions

Step 1: Carry documents for entry into the US

• You will need to carry your valid Canadian passport and I-797B approval notice
• Your Canadian dependents will need to carry their valid Canadian passport, I-797B approval notice, marriage certificate (for spouse), and birth certificate (for child)
• Your non-Canadian dependents will need to carry the documents listed above and apply for a visa stamp

Step 2: Review I-94

• View your new I-94 on the I-94 - Official Website. Review your new I-94 each time you travel internationally and re-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 (CBP) immediately if there is an error on your I-94 to request a correction

Step 3: 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 4: Request Social Security Number (SSN)

• Apply for a Social Security Number and card
• You will need your valid passport and I-94 showing valid status to apply

Step 5: The next time you travel outside the US

• You will need to carry your valid Canadian passport, I-797B approval notice, and 2-3 recent pay statements from the employer listed on the I-797B approval notice
• Your Canadian dependents will need to carry their valid Canadian passport, I-797B approval notice, marriage certificate (for spouse), and birth certificate (for child)
• Your non-Canadian dependents will need to carry their valid passport, visa stamp, 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 2: Review I-94

Dependent information

Employment authorization

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 your 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 and 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
• 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 Checklist and instructions below.

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 checklist and instructions below.

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, contact us 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 contact you in advance, long before your visa expires
• If Deel Immigration did not file your visa petition, contact us 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 from the resources below:!

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

Contact us to get started today.