Smart Advice on Student Visas

Q: We're getting lots of questions about the types of proof that applicants have to submit to show their intent to return home after earning the MBA. Can you remind the audience of a couple of documents they can submit to prove that they're not moving to the U.S. for good?A: Ironically, there's no checklist of either documents or answers that applicants need to submit. It's important to explain where immediate family members such as parents live and work, or whether the family or the student owns a house or apartment in their home country. Lastly, depending on the degree program that the student will pursue -- and today we're talking about business school -- there could be questions directed to the visa applicants about how they intend to use that degree for employment when they return home.

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Again, many business-school applicants have had some work experience after completing their undergraduate education. This is a good example of how the business-school degree can be used to advance their career in their chosen field.Q: Do student-visa applicants need to show financial proof for just the first year of an MBA program or for both years?A: You need to establish the ability to pay for the entire program, not just the first year.Q: I am an Indian citizen currently on a H-1 visa in the U.S. My employer has already applied for my green card. Do I need to worry about being denied an F-1 visa for B-school, based on an intent to immigrate?A: The H-1B visa requires a U.S. employer to sponsor the individual, and the paperwork is filed with a bureau that is part of the Homeland Security Dept. It's a relatively technical process in terms of the paperwork, but you'll be happy to know that MBAs are generally good candidates for an H-1B approval.Q: Earlier this year I came to the U.S. on an F-1 visa to study at the Harvard Summer School but was issued a five-year, multiple-entry visa. This year, I intend to come to the U.S. for my MBA. Will the same visa be valid, or will I have to go for a fresh visa?A: You will need to apply for a new visa.Q: Is it more difficult to get a work visa from a smaller, vs. a larger company after graduation?A: Excellent question. While the law makes no distinction in practice, larger corporations always have an easier time getting H-1B petitions approved. Smaller companies are often seen as marginally profitable and suspected of creating the job solely for the purpose of employing the MBA graduate. While in my experience this is rarely the case, the mindset of some government employees on this issue is difficult to change.Q: Will my dependant-visa status affect my ability to get job offers after the MBA?A: I'm assuming that when you refer to dependant-visa status you mean that you're presently in the U.S. on an F-2 or an H-4 visa. Your ability to be sponsored for employment after getting the MBA wouldn't be different if you're seeking an H-1B visa. However, only students who graduate with an F-1 visa are eligible for the one-year work permit called Student Practical Training.Q: Just in case, let's also take the question to be, "Will my dependant's visa status affect my ability to get job offers or obtain a visa?"A: It hasn't been my experience that U.S. companies are particularly interested in the status of dependants before they make a job offer. In addition, this normally doesn't impact the ability to get a visa stamp abroad.Q: If I'm denied an F-1 visa, is there an appeal process? A: No. The U.S. law is very clear that there's no formal appeal from a decision by a U.S. consulate to deny a visa. The only recourse is to request an advisory opinion from the U.S. State Dept. In practice, Washington will almost never advise a U.S. consulate that its denial was in error when the reason for the denial was [a student's] inability to pay for the school program or their inability to prove an intent to return home after getting the degree.Q: We've had quite a few questions regarding where people should apply for their visas: "As a Canadian, do I apply for an F-1 visa at a consulate or at the border?" A: Canadians are visa-exempt, meaning they apply for their F-1 status at the border.Q: If a student is in the U.S. on an F-2 visa, is it easier to get her F-1 status by applying while she is in the U.S., or is it easier to get the F-1 in her home country?A: Whether the change of status from F-2 to F-1 is easier or not largely depends on where you're from. If you're from a country such as China, you're probably better off requesting a change of status inside the U.S., rather than taking a chance at a U.S. consulate back home.Q: I've heard that it's much more difficult for women from developing countries to get visas than for men from developing countries. Is this true?A: I must admit that this is one anecdote I haven't heard. It's possible that in some developing countries, upwardly mobile woman are assumed as more likely not to return because their career options in the U.S. culture are better than in their home culture. But again, this is just an assumption on my part, and I haven't heard of any distinct patterns reflecting decisions at U.S. consulates.Q: Paul, would you wrap up today's conversation with a few general tips and words of wisdom? At this point in the admissions season -- assuming students will arrive in the U.S. in August, 2004 -- where should they be with their visa applications? A: Visa applications should be submitted as soon as the student is accepted to an MBA program and they've obtained all of the necessary backup documentation. Backlogs at U.S. consulates for interviews are unpredictable and continue to get longer and longer in countries that send lots of foreign students to the U.S. The worst thing that can happen is missing the start of the semester.My last words of wisdom are: Prepare for a somewhat more restrictive security-oriented immigration environment in the U.S. This includes registration at the airport for students from Arab and Muslim countries, as well as reporting requirements for such minor life decisions as moving to a new apartment. Listen to your international-student advisers. They know a lot and can keep you out of trouble.

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