Best Practices: Obtaining US Work Visas
The introduction of mandatory interview requirements for all individuals applying for a visa to enter the United States and the increased scrutiny given to PRC nationals with technical backgrounds has disrupted plans for many US companies operating in China. When these new policies were first introduced, companies regularly found themselves facing months-long delays in bringing Chinese employees, customers, and business partners to the United States. Applications for PRC nationals that were sent to Washington for security reviews were routinely lost, with some companies waiting for more than six months only to learn the applicant would have to reapply. In addition, mandatory collection of fingerprints from all visa applicants offends some high-level Chinese executives.
Companies have seen some progress. In early 2005, the US and PRC governments launched reciprocal multi-entry visas with one-year validity for citizens of each country. The US government also extended the validity of security checks it performs on PRC nationals with technical background to one year. In early 2006, the US departments of State and Homeland Security announced a package of new visa initiatives. Although none will bring immediate help to US companies in China, some elements--such as the proposed use of video conferencing for interviews--could eventually ease delays.
Despite these improvements, companies continue to face costly delays and unpredictability. Although there are no guarantees with the visa process, some companies have reported a better level of success after adopting the following best practices:
Apply early.
This is the most important thing companies can do to increase the likelihood that their Chinese employees, customers, and business partners obtain a visa in time to visit the United States for important meetings or training programs. Unless the US Congress decides to appropriate funds for large increases in the number of consular officers responsible for conducting interviews, visa applicants will often face lengthy waits when scheduling an interview appointment. Check the State Department's Visa Wait Times website for the latest information on how long applicants have to wait for their interview: http://travel.state.gov/visa/temp/wait/tempvisitors_wait.php. Furthermore, some applications, especially those of individuals with technical backgrounds, will be referred to Washington for a security review. The State Department says a large majority of these cases are completed within 30 days.
Reach out to the consular section of the US embassy in Beijing and the consulates in Chengdu, Guangzhou, Shanghai, and Shenyang.
Many companies have strong relationships with the US commercial officers in China, but fewer are in contact with the consular section responsible for granting visas. Increasing the consular office's familiarity with your company can help reduce denials. Send the consular officer in charge of nonimmigrant visas information about your company's activities in China and its plans to bring employees, customers, and business partners to the United States. Be sure to put this on official company letterhead and to use the same letterhead when supplying supporting material for visa applicants.
Alert key contacts in the commercial office and the economic section of important travel arrangements.
Commercial and economic officers at US posts in China can provide an unofficial supporting voice to visa applicants. Although neither has any authority to intervene in visa decisions, commercial and economic officials often work with their colleagues in the consular section on an informal basis to help US businesses obtain visas for their employees, customers, and business partners.
Notify the State Department's Business Visa Initiative of large events or visa applications that involve multiple posts.
The State Department's Washington-based Business Visa Initiative can assist companies with coordinating complicated visa matters. Companies should make sure that organizers of trade shows in which they are involved inform the Business Visa Initiative of their program and of whom they expect to attend. Companies often face complications when bringing delegations to the United States that include members from different parts of China. Coordination can be difficult as these applicants must apply for visas at different US posts in China. Companies can contact the Business Visa Initiative (businessvisa@state.gov; 202-663-3198) to ask that they inform the relevant posts of the company's needs.
Stress the importance of being prepared for the interview to your employees, customers, and business partners.
Careless errors can have a significant effect on business plans. For example, applicants who forget to bring their materials to the interview may be put at the end of the line for scheduling a new appointment. If applicable, applicants should bring their bank records, vehicle registration, residential lease or deed, marriage certificate, and birth certificates of children. All of these will help show that the applicant has strong ties to China and will not remain in the United States. Ensuring that applicants are prepared for their interviews will help avoid unnecessary and easily avoidable delays.
Provide the appropriate supporting materials.
Companies need to provide visa applicants with detailed invitation letters from their US offices. These letters should include the applicant's name, passport number, date of birth, and a clear description of the trip's purpose. Be sure to provide extra copies of the invitation letter for the applicant to take along on his or her trip to the United States, since immigration officers sometimes ask to see the letters as well. For this reason, invitation letters should also include contact information for someone in the United States who can vouch for the visitor upon his or her arrival in the United States. This is especially important if the applicant is not fluent in English.
Take advantage of services provided by the local AmCham.
Working with the US embassy and consulate, the local American Chambers of Commerce in Beijing and Shanghai provide helpful services to a qualified group of their members. These services can often allow Chinese employees of US companies--and, on a more limited basis, Chinese customers--to arrange interview appointment dates sooner than had they contacted the embassy or consulate directly.
For more helpful information, see the website of the US Embassy in Beijing: