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DECEMBER 22, 2003 CHAT TRANSCRIPT Smart Advice on Student Visas Immigration expert Paul Zulkie tackles some tough issues about getting an increasingly difficult approval in time to start B-school At a Dec. 17 live event on BusinessWeek Online, Zulkie fielded questions from an audience of international students on how to get visas to study in the U.S. Here's an edited transcript of that event, which was co-hosted by BusinessWeek Online's management-education reporter Mica Schneider, and BW Online consulting editor Jack Dierdorff: Q: Paul, schools are very forthcoming with their non-U.S. applicants. They say, "We might admit you to our school, but we can't ensure that you'll be granted a visa to study here." It seems to be getting harder and harder for foreigners to snag U.S. student visas. What trends are you noticing from your vantage point? A: First, the "Culture of No" has become an epidemic with both the Homeland Security Dept. and U.S. consulates abroad. Every decision to approve a visa is viewed through the prism of national security. In the old days, all a student had to establish was the ability to pay for an education, as well as document an intention to return home after getting the degree. That has all changed. Q: Is the hurdle higher for visa applicants from Mideast and Arab countries? A: Absolutely yes. While all visa applicants are now subject to multiple levels of security checks, as well as in-person interviews at all U.S. consulates, individuals from Mideast and Arab countries receive extra scrutiny, and many are subject to the special registration program administered at U.S. airports and local immigration offices. Q: Here's a good question from the audience: "I'm an international student and am looking to join B-school next year. One of the requirements for getting a visa is proving that you will go back to your home country after completing the MBA. Can you give me examples of such proof?" A: Generally speaking, the government looks to long periods of residence and family ties in your home country. It's very difficult to prove a negative -- that you won't go home. One thing that will be a real problem is if you have applied for a green card in the U.S. or some family member has filed a petition to get you a green card. That is uniformly considered proof of intent to remain in the U.S. Q: How difficult is it these days to get work permits in the U.S. after completing an MBA? A: Generally, for MBAs it's normally not that difficult. With rare exceptions, when MBAs complete a degree they're eligible for a one-year work permit referred to as Student Practical Training. Graduates apply for this on their own with the assistance of a school's international-student adviser. It isn't tied to any specific employer, so the graduate can go job hunting. Q: Do summer internships count toward the Student Practical Training period? A: I recommend that your specific situation and internship be discussed with the international student adviser at your school. These people are a tremendous resource and experts on this subject. If the summer internship is a required component of the degree program, it often doesn't count against the post-graduate one-year limit. On the other hand, if it's simply another summer job unrelated to the degree program, it does count against the one-year post-graduate limit. Q: Can the one-year work permit that comes with a student visa for an MBA later be extended to an H-1B visa work permit? A: That's a very common and acceptable path for MBA graduates. It's important that the applications be filed well in advance of expiration of the Student Practical Training to guarantee that the graduate maintains legal status in the U.S. (see BW Online, 03/03/03, "A Mainframe-Size Visa Loophole"). Q: If you've had two previous student visas (one for a bachelor's degree another for a master's degree) and have used your Student Practical Training once, are you still eligible for Student Practical Training as an MBA graduate? A: Again, practical training issues are always best addressed with the international student adviser where you're getting your MBA. I believe the answer to this question is no, because there's a requirement of residence abroad before undertaking a second practical-training experience. Q: How long does it take, and how much does it cost, for a foreign student to obtain a work visa in the U.S.? A: The documentation for Student Practical Training takes the form of a photo ID card issued by the former Immigration & Naturalization Service (INS), which is now part of Homeland Security. This card is called an Employment Authorization Document, better known as an EAD. Processing time is typically three to four months, and the government charges a processing fee of approximately $130. Q: How late should a student apply for a student visa? A: Generally speaking, student visa applicants should submit their applications two or three months before their anticipated departure date [to the U.S.]. This allows sufficient time for their application to be processed, and it allows students time to complete their interview at a U.S. consulate. Doing it any later than that could mean that they miss the start of their semester. If a current student is applying for a work visa, I would apply as soon as the international-student adviser [at the B-school] says you can, which is largely a function of how certain it is that you will graduate on time. Always assume that government processing times are unpredictable and can increase for no apparent reason. Q: Are there any advantages for candidates who have been to the U.S. before on business and work visas? A: Yes. Having previously visited the U.S. for employment, or even just business trips, and thereafter returning home and never overstaying a visa in the U.S., establishes both a pattern of compliance with the law and strong ties with your home country. Q: I was denied two years ago for an F-1 visa with my valid I-20. How will this affect my application for next year? A: Technically, it shouldn't doom your application next year. However, the consulates will review your file from the prior application to see what the reason was for the denial. You should be prepared to address that issue directly and bring whatever documentation you can to convince the interviewer at the consulate that whatever that problem was, it's no longer an issue. Q: I'm going to apply F-1 in March. Coincidentally, my parents and sister are in New Jersey, with a B-1 and an L-1, which will be valid until the end of June. Will this situation affect my visa application? A: This will definitely not be a positive factor in connection with your F-1 application. The presence of immediate family members in the U.S. on different types of visas is generally considered by U.S. consulates as evidence that you may not be interested in returning to your home country.
 
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