What is the process for obtaining a nonimmigrant visa after Form I-129 petition approval?

Once U.S. Citizenship and Immigration Services (USCIS) approves a Form I-129, Petition for a Nonimmigrant Worker (for categories like H, L, O, or P visas), the process for the foreign national beneficiary to actually obtain the visa stamp in their passport begins. The I-129 approval (Form I-797, Notice of Action) confirms that the U.S. employer has met the necessary requirements, but it does not grant the individual permission to enter the U.S.

The next critical step is Consular Processing. The approved petition is sent electronically by USCIS to the Department of State’s National Visa Center (NVC). The NVC then forwards the case file to the U.S. Embassy or Consulate in the beneficiary’s country of residence.

The beneficiary must then complete several steps, typically including:

• Complete Form DS-160: The Online Nonimmigrant Visa Application must be filled out accurately.
• Pay Fees: Applicable visa application fees (MRV fees) must be paid.
• Schedule Interview: The applicant must schedule an interview appointment at the designated U.S. Embassy or Consulate.
• Gather Documents: This includes the approved I-797 Notice of Action (or a copy), passport, required photographs, and supporting documentation related to the job offer, qualifications, and financial stability.

During the visa interview, a Consular Officer will review the petition and the applicant’s personal circumstances to ensure they meet all statutory requirements for the specific nonimmigrant category and are not inadmissible to the U.S. If approved, the visa is stamped into the passport. It is important to note that the visa only allows the individual to travel to a U.S. port of entry; the final decision to admit the individual rests with the Customs and Border Protection (CBP) Officer upon arrival.

If the beneficiary is already lawfully present in the U.S. in a different status and the I-129 was filed concurrently for a change of status, they might not need to leave the country to begin working upon approval, as the status change takes effect based on the approval notice date, provided they maintain their current status.