U.S. Embassy Canada
U.S. Embassy Canada
Legal Rights and Protections for Certain Employment or Education-based Nonimmigrants

All applicants for H, J, and B1 (for domestic and personal servants and live-in caregivers only) visas must read this pamphlet prior to their interview.

The William Wilberforce Trafficking Victims Protection Reauthorization Act (WWTVPRA) of 2008 makes several changes to nonimmigrant visa classification criteria, visa processing requirements, and the grounds for inadmissibility under INA section 212(a)(2)(H).

The changes under this provision of this law, relate to the legal rights of certain employment or education-based nonimmigrants under Federal immigration, labor, and employment laws. Additionally, this law outlines the information to be provided to certain nonimmigrants about their rights, protections and available resources when working or studying in the United States temporarily. We want to ensure each nonimmigrant is aware of his/her rights, as well as protections and resources available. To learn more, review the Nonimmigrant Rights, Protections and Resources pamphlet, Online version.

Visa applications are now subject to a greater degree of scrutiny than in the past

A personal appearance interview is required as a standard part of visa processing. Additionally, applicants affected by these procedures are informed of the need for additional screening at the time they submit their applications and are being advised to expect delays. The time needed for adjudication of individual cases will continue to be difficult to predict. For travelers, the need for an interview will mean additional coordination with the embassy or consulate is needed to schedule an interview appointment. We recommend that individuals build in ample time before their planned travel date when seeking to obtain a visa.

We recognize that these delays are having an impact on visa applicants, and we have already had success streamlining the process, consistent with our security and legal responsibilities. The State Department is working hard with other government agencies to rationalize clearance procedures in ways that continue to protect U.S. borders, our first priority, while facilitating legitimate travel.

We trust that affected applicants will understand that this waiting period is necessary as we strive to make every effort to ensure the safety and security of the United States for all who are here, including foreign visitors.

There May be Added Delays Due to Name Check / Security Clearance

In many instances, where we can anticipate any kind of extended processing time, we attempt to contact applicants in advance of their visa interview to advise them of this possibility. However, sometimes the requirement for more extended processing of an application only becomes apparent in the course of the interview itself. Note that we are unable to conduct any type of processing in advance of the visa interview.

Return of Passports and Visas
Passports Returned by Mail

Visa applicants must bring a pre-paid XpressPost envelope with them to the interview. These envelopes are bought from Canada Post and are not available for purchase at the Embassy. Visas are generally delivered within 5-7 business days of the interview.

Your visa application could be denied.

Each case is different, and only the interviewing officer can make the decision to issue or refuse a visa. It is impossible to guarantee in advance that an application will be approved and a visa will be issued.

U.S. Entry and Exit

The U.S. has implemented new entry and exit procedures including the fingerprinting of travelers with U.S. visas.

Phone numbers

U.S. Embassy information lines:

1-888-840-0032 from either the U.S. or Canada - you will be asked to provide your credit card number. CA$1.59/minute

Flight Cancellation or Weather-Related problems

If an applicant is unable to make their visa appointment due to Flight Cancellations or other weather-related problems, there is no need to reschedule the appointment.

Just appear at the office where the original interview was scheduled on the next visa processing day or as soon as new travel arrangements can be made.

The applicant should be prepared to explain and verify the reason for the delay.

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