Nonimmigrant Visa Unit
Frequently Asked Questions

This guide answers some of the most frequently asked questions about U.S. visas. If you have other questions not answered here, you may contact the Visa Information Call Center at toll free number (86) 4008-872-333 or Shanghai local phone (021) 3881-4611 if calling from within China or (86-21) 3881-4611 if calling from overseas. Please note that charges for domestic or international long-distance calls are solely the responsibility of the caller. Press here for more detailed information on the Visa Information Call Center.

How do I apply for a nonimmigrant visa to the United States? How much does it cost?

Applicants who live or work in the Beijing Consular District and intend to engage in tourist activities, attend an educational institution, attend meetings or conferences, or work temporarily in the United States, may apply for a visa at the U.S. Embassy in Beijing. The Beijing Consular District includes the municipalities of Beijing and Tianjin, and the provinces of Xinjiang, Qinghai, Gansu, Shaanxi, Ningxia, Shanxi, Inner Mongolia, Hebei, Henan, Shandong, Hubei, Hunan or Jiangxi. Visaed passports will be returned via mail within 5 working days. Expedited pick up from China Post Office located on Jian Guo Men Wai is also available. Click here for more information.

If you live in an area other than those mentioned above:

Chengdu — Chongqing, Guizhou, Sichuan, Tibet, Yunnan

Guangzhou — Fujian, Guangdong, Guangzhou, Guangxi, Hainan, Immigrant Visa Unit, Adopted Children Immigrant Visa Unit

Hong Kong - Hong Kong and Macau

Shanghai — Anhui, Jiangsu, Shanghai, Zhejiang

Shenyang — Heilongjiang, Jilin, Liaoning

To apply for a nonimmigrant visa in China, the following documentation is required:

• Two completed DS-156 and DS-157 (for applicants 16 years of age and older) forms, one in Chinese and one in English. Forms are available free of charge at CITIC Bank branches, at the Embassy, or can be downloaded by clicking here. When completing your application, please include the standard telegraphic code number (STCN) identifying the Chinese characters for your name.
• Two recent color passport-sized photographs (2 inches square).
• A passport, which must be valid for more than six months, since an alien presenting a passport valid for six months or less would be inadmissible at a port of entry.
• In addition to the above requirements, you are advised to present documentation and other evidence establishing social, economic, and other ties that would compel your departure from the United States after a temporary and lawful stay.

All private passport holders who are applying for a U.S. visa for the first time or who are applying for reconsideration of a previous application are required to contact the Visa Information Call Center to obtain visa information and make an interview appointment. People calling from within China may dial toll free number 4008-872-333 or Shanghai local phone (021) 3881-4611, while those calling from overseas should dial (86-21) 3881-4611. The Visa Information Center service is staffed Monday through Friday from 7:00am to 7:00pm and Saturday 8:00 am to 5:00 pm, closed on Chinese holidays. Applicants will be given information about the visa application process and can make an appointment. Press here for more detailed information on the Visa Information Call Center.

For security reasons, please do not bring cellular phones, cameras, beepers, briefcases, luggage or handbags to your appointment.

All applicants for nonimmigrant visas must pay a non-refundable application fee of RMB 830 payable at the designated branches of the CITIC Bank. Both copies of the CITIC Bank fee receipt must be included with all visa applications.

Information for People Who Have Previously Been issued a V.S. Visa

Applicants seeking to renew a B-1 (business), B-2 (tourist/visitor), F (student), J (exchange visitor) and H (temporary worker) visa may drop off their visa application at participating branches of CITIC Industrial Bank according to the following requirements:

• The previous visa must be currently valid, or must have expired within the last twelve months;
• The applicant must be applying for the same type of visa at the U.S. Consulate where he or she is normally resident in China; and
• Applications that are not completely and accurately filled out will be refused and the applicant will be required to appear for a visa interview at the Consulate.

• Applicants seeking to renew F, J and H visas must be returning to the same school, institution or workplace as was indicated on their previous visa application;
• If going to the U.S. for a business purpose, it helps to provide a copy of the invitation and/or itinerary when submitting the application; and
• Public Affairs Passport holders are allowed to begin using drop box application procedures on December 13, 2004. These applicants must meet the same general requirements as all other applicants who use this procedure, and they can either submit drop box applications to their Waiban Office or a local branch of CITIC Industrial Bank.

How do you decide whether or not to issue a visa?

Section 214(b) of the U.S. Immigration and Naturalization Act states:

Every alien shall presumed to be an immigrant until he establishes to the satisfaction of the consular officer, at the time of application for admission, that he is entitled to a nonimmigrant status...

To qualify for most nonimmigrant visas, applicants must meet the requirements of U.S. immigration law. Failure to do so will result in a refusal of a visa under Section 214(b). The most frequent basis for such a refusal concerns the requirement that applicants possess a residence abroad he/she has no intention of abandoning. Applicants prove the existence of such residence by demonstrating that they have ties abroad that would compel them to leave the U.S. at the end of the temporary stay. The law places this burden of proof on each individual applicant.

What are strong ties?

Strong ties differ from country to country, city to city, individual to individual. "Ties" are the various aspects of a person's life that bind them to their country or residence: possessions, employment, social and family relationships. Some examples of ties can be a person’s job and income, a house or apartment, a car, close family relationships, bank accounts, etc. Consular officers are trained to look at each application individually and consider professional, social, cultural and other factors. With younger applicants who may not have had an opportunity to form many ties, consular officers may look at the applicant's specific intentions, family situations and long-range plans and prospects within his or her country of residence. Each case is examined individually and is accorded every consideration under the law.

Why does the U.S. have such strict visa laws?

The United States is an open society. Unlike many other countries, the United States does not impose internal controls on visitors, such as registration with local authorities. In order to enjoy the privilege of unencumbered travel in the United States, foreigners have a responsibility to prove they are going to return abroad before a visitor or student visa is issued. Our immigration law requires consular officers to view every visa applicant as an intending immigrant until the applicant proves otherwise.

Is a denial under Section 214(b) permanent?

No. If an applicant has new information which was not presented to the interviewing officer at the time of the first application, or if the applicants overall circumstances have changed significantly since the last application, a visa may be approved.

Do refused applicants have to wait three to six months before reapplying?

There is no time restriction on resubmitting an application after a refusal. If additional information or supporting documentation is available which may further demonstrate an applicants qualifications for a visa, an application may be resubmitted.

I presented all the documents I was told to bring, but my application was turned down anyway. What else should I bring?

The problem is not the documents. Rather, the applicants current overall situation (as supported by those documents) was not adequate to overcome the presumption that he or she is an intending immigrant. Remember, U.S. law says that all applicants for nonimmigrant visas are intending immigrant until they show that their overall circumstances would be adequate to compel their return home after visiting the U.S.

Why are the visa interviews so short? I was refused after only a couple of questions and the interviewer hardly looked at my documents?

Visa officers handle thousands of applications every year. Based on this experience, they are able to quickly review the application form and supporting documents in order to narrow the range in which questions may need to be asked. Keep in mind, much of the necessary information required to make a decision is already supplied on the application form itself, so there is usually no need for the officer to ask more than a few additional questions.

I have heard that it is better to say that I am going for business than for tourism or to see relatives. Is this true?

No. Tell the truth. If an applicants ties to China are adequate to overcome the presumption of immigrant intent (INA section 214b), a tourist visa will be issued. Problems arise if applicants mislead the interviewing officer as to their intent in visiting the United States. Once a misrepresentation is made, it will be difficult to believe other information supplied by the applicant.

When I applied for a visa, I told the officer I would return to China after a short stay in the US. Why didn't the officer believe me?

Visa officers are required to evaluate the applicants overall situation in reaching a decision. Statement indicating that the applicant intends to return to China are helpful, but under the requirements of U.S. law the statement alone is not adequate to show that they qualify for a visa.

I have been accepted by a U.S. school which issued me an I-20. Why isn't that enough for issuance of a student visa?

The approved INS I-20 is just one piece of information the interviewing officer must consider when deciding whether a visa may be issued. Remember, under Section 214(b) of the U.S. Immigration and Nationality Act, all applicants must prove that they will leave the United States after the purpose for which you entered the United States comes to an end. In student visa cases, applicants may intend to stay in the United States for many months and even years pursuing a course of study. Consequently, visa officers must consider the applicants overall circumstances when deciding whether to approve a student visa. Student visas must be denied if it appears that the applicant's primary purpose of travel is not to obtain an education, but, rather, to facilitate an indefinite stay in the United States. The fact that a school has admitted a student to study and issued the student an I-20 is, therefore, only one factor we consider.

Why do many of the refused applicants get the same letter of explanation as to why they were turned down? For example, shouldn't the reason be different for a student visa applicant than a tourist visa applicant?

In most cases where an applicant is denied a visa, the applicant fails to show strong that he or she has strong enough ties outside the U.S. to convince the officer that the applicant will depart the United States after a temporary period. Many refused applicants believe there is a document or a special way to answer questions that will enable them to successfully reapply for a visa days or weeks later. However, as the problem for applicants refused under section 214(b) lies in their overall situation, no single answer or document exists which would prove satisfactory in all cases. Applicants are encouraged to reapply only when their overall circumstances have changed. For example, an unemployed recent graduate may decide to reapply following a sustained period of steady employment.

I will certainly return to China because my parents are here. I am the only son in my family and I need to return so that I can take care of my parents. Why did the officer say I have insufficient ties to compel me to return?

Our experience shows that being an only son has not deterred many travelers from remaining indefinitely in the U.S. While this factor may be one among others relevant to an individual's personal circumstances, it would not usually, in itself, be sufficient to establish eligibility.

My company and my American friend have both written letters guaranteeing that I will return to China. Why isn't that considered to be enough proof that I actually will return?

A guarantee letter, like other forms of written documentation, will be considered by the interviewing officer. However, a letter, by itself, does not establish the applicant's ties to a permanent residence outside of the United States. Similarly, pledges from highly placed persons that an applicant will return to China do not automatically enable the applicant to overcome section 214(b). This is because U.S. law does not permit visa officers to delegate to others their authority to evaluate the applicant's actual overall circumstances.

I have a letter (or fax) to show you which will help you understand my situation and my strong ties to China. Can I send it to you so you can read it in advance of my interview?

Any information which is relevant to the visa application should be brought to the interview. Mailing information to the Embassy in advance will not be helpful. The visa interview is the proper setting for us to consider all information.

Must applicants take tests such as the TOEFL, SAT, GRE, and GMAT, in order to obtain a student visa? Is any particular score on these exams needed to get a visa?

Applicants are generally not required to take any particular tests to qualify for a visa. However, we note that motivated and serious student visa applicants often take such tests when seeking admission to schools in the United States. The fact that a student has taken one or more of these tests may help show the seriousness of the applicant's study plans.

If my visa application is denied, would it help to have a high ranking official or an American friend contact the interviewing officer?

No. United States law assigns the responsibility for issuance or refusal of visas to consular officers overseas. They have the final say on all visa cases. Additionally, United States law is designed to insulate the decisions in visa cases from outside influences. An applicant can influence a reversal of a prior denial only through presentation of new convincing evidence of strong ties.

Should I use a travel agent or other advisor to help me apply?

The matter is a personal decision for each applicant. However, in most cases it is not necessary for applicants hire a travel agent to assist with a visa application. Travel agents will often charge to fill out forms which are available for free. They also charge large sums on the promise of enabling the traveler to bypass the visa interview. Our experience shows that many applicants are coached by intermediaries to provide answers which are misleading. While the truthful answer would not have harmed the application, the discovery of a misleading answer often puts the entire application in doubt.

What can I do if I have a complaint about the application process or my case?

All visa applicants are entitled to courteous, efficient, and consistent treatment. If an applicant feels they were treated improperly during the processing of a visa application, a letter should be written to the Consul General describing the circumstances. All legitimate concerns will be investigated and corrective action taken where justified. Our fax number is (10) 6532-3178.

Can my American friend speak with a visa officer about my case?

In order to afford American citizens an opportunity to speak directly with a consular officer, the Visa Unit will make an officer available Monday, Wednesday, and Friday afternoons from 4PM to 5PM. Inquiries will be entertained on a first-come, first-served basis. All American citizens present by 4PM will have an opportunity to speak to an officer that day. Inquiries from anyone arriving after 4PM will only be entertained if time permits. No one will be admitted after 4:30PM.

What if I have other questions about applying for a U.S. visa?

For additional information please visit the Department of State's web site at www.travel.state.gov, or call the Visa Information Call Center at 4008-872-333 or (021) 3881-4611 if calling from within China or (86-21) 3881-4611 if calling from overseas.

Questions about specific visa cases may be faxed to Nonimmigrant visa unit at (86-10) 6532-3178.