What is a non-immigrant visa?

Non-immigrant visas facilitate a TEMPORARY stay in the U.S., for holidays, business, study, temporary work, participation in a conference or exchange program. Should you wish to emigrate to the U.S., a non-immigrant visa is not appropriate. Please contact an immigrant visa official for information regarding what is required.

Do I require a visa to visit the United States?

Nationals of some countries are eligible to participate in the United States visa waiver program, which enables them to visit the United States without a visa under certain conditions.

Is my previously issued U.S. visa still valid?

Unless your visa has been cancelled by a United States consular or immigration officer, or your purpose of travel has changed, the visa is valid until the expiration date listed on it, regardless of whether the passport has expired, as long as the visa has not been physically damaged. If the passport containing your valid visa has expired, simply travel to the United States with both your new, valid passport and your expired passport containing your valid visa in hand to present to the U.S. immigration officer upon arrival. Under no circumstances should you attempt to remove the visa from your expired passport and paste it into your new one.

Am I required to submit my application in person at the Embassy?

Recent changes to U.S. immigration law now require all visa applicants from age 14 to 79 to appear in person at the Embassy to submit their visa applications, interview with a consular officer and be fingerprinted.Swazi Government officials and third national officials on personal travel (B1/B2, F, J, C1 etc.) must be interviewed and fingerprinted, even if traveling on diplomatic or official passports. That means they must schedule an appointment to be interviewed and fingerprinted at the U.S. Embassy. Only those going on official travel (including transits) are exempted from fingerprinting. Domestic employees accompanying diplomats and other official travelers are not exempted from fingerprinting and interview requirements.  If you believe that a personal interview is not required, please contact the U.S. Embassy for instructions on processing your application.

I am traveling to a country other than the United States, but I am required to transit through a U.S. airport. Do I need a visa?

Recent changes to U.S. immigration law require all individuals (with the exception of those from visa waiver countries) who plan to transit through the United States, regardless of how long they intend to stay in the airport, to obtain a transit or other valid visa. For more information, please refer to the Department of State's fact sheet on suspension of the TWOV program.

How do consular officials determine whether I am eligible to receive a U.S. visa?

There are numerous grounds of ineligibility that can prevent or significantly delay issuance of an individual's visa. For a list of each of these, please refer to the Department of State's list of ineligibilities.

The most common ground of ineligibility, however, is that an applicant failed to demonstrate that his/her visit to the United States would be only temporary in nature. Section 214(b) of the U.S. Immigration and Nationality Act requires consular officers to view every visa applicant as an intending immigrant until the applicant proves otherwise. To qualify for a visitor or student (nonimmigrant) visa under Section 214(b), applicants have to show that they have a permanent residence and other ties abroad that would compel them to leave the United States at the end of a temporary stay. The law places this burden of proof on the applicant.

Permanent residence and strong ties differ from country to country, city to city and individual to individual. Some examples of ties can be a job, a house, a family, and a bank account. "Ties" are the various aspects of your life that bind you to your country of residence: your possessions, employment, social and family relationships.

During the visa interview, consular officers look at each applicant individually and consider professional, social, cultural and other factors. In cases of 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.

For more information on visa denials under 214(b), including suggestions on ways to overcome them, please refer to the Department of State's fact sheet on visa denials.

I am interested in studying in the United States. How can I learn more about getting accepted into a U.S. institution and obtaining a student visa?

We are pleased that you are considering studying in the United States.

The first step in the process of obtaining a student visa should be to select the educational institution you would like to attend. There is a wide and extremely diverse range of academic and vocational institutions offering educational training in the United States, and many of these have separate offices catering to foreign student affairs. School officials working in these offices are typically trained to assist you throughout the process, and should be called upon for guidance at each step along the way.

Once you have received acceptance into an educational program, the institution will issue you a valid Form I-20. When you arrive at the Embassy to apply for your visa, please bring all four pages of this form; its purpose is to tell the consular officer that you have met all of the requirements to receive admittance into the institution. In addition to the Form I-20, please complete nonimmigrant visa application forms DS-156, DS-157 (if applicable) and DS-158. At the time of your interview with the consular officer, you will be required to submit each of these forms, along with evidence that you have paid the non-refundable application fee, a photograph conforming to our required dimensions, transcripts and diplomas from any previous institutions attended, and financial evidence showing that you have sufficient funds to cover your first year's expenses in the United States.

For more information on obtaining a student visa, please refer to the Department of State's student visa handout.

I am interested in working in the United States. How can I learn more about obtaining a work permit?

Note that the following information does not apply to J-1 (work-study, camp counselor, exchange visitor, au pair, etc.) visa applicants. See the next section for information pertaining to the J-1 program. All permits to work in the United States are issued by a separate organization known as the "Bureau of Citizenship and Immigration Services" (formerly called the "INS"). The process of obtaining a work permit can be a complex and time-consuming one, so start early. Be wary of any organizations that advertise quick and easy employment opportunities-phony schemes intended to defraud Swazis abound, including supposed "Alaska fishing" opportunities, offers from an organization called "VIP Emigration", and others. However, you should also be aware that there are numerous employment organizations operating within Swaziland that offer legitimate job opportunities in the United States. If you have questions about the legitimacy of an employment organization, or other questions about the process in general, please feel free to contact us.

Virtually all temporary work visas require the application process to be initiated by the American employer, who files a petition with the Bureau of Citizenship and Immigration Services for permission to hire a foreign worker. If this petition is approved, the applicant receives a form I-797 "Notice of Approval", the original of which he or she submits to the Embassy along with his or her completed visa application.

Each applicant for a temporary worker visa (with the exception of those applying for visas within the H-1, L, R, and O categories) must demonstrate, at the time of his or her application, that they have a permanent residence abroad which they have no intention of abandoning. To assist in meeting this requirement, please submit, at the time of your application, evidence of permanent employment within Swaziland (make sure your employer notes that the position will still be open for you after your return), any previous passports containing U.S. visas (even if expired), and evidence of property ownership, if applicable.

For more information on obtaining a temporary worker visa, please refer to the Department of State's guide to working temporarily in the United States.

I am interested in applying for a J-1 (exchange visitor) visa. How can I learn more about this program?

The "J" visa category encompasses an extremely diverse number of programs intended to foster mutual understanding between the United States and other countries through international educational and training programs.

Some of the most popular of these in Swaziland are the Work-Study, Camp Counselor, and Au Pair programs, which will be discussed in greater detail below. However, it is important to note that the Department of State administers many other programs allowing foreign nationals the opportunity to visit the United States as exchange vistors. For more information on these, please refer to the Department of State's website for exhange visitors.

Work/Travel: The Summer Work/Travel program provides foreign post-secondary students the opportunity to work and travel in the United States during their summer vacations, typically October through February for Swazis. Eligible program participants are bona fide post-secondary school students actively pursuing a degree or a full-time course of study at an accredited educational institution. Students must also be enrolled in an accredited educational institution and registered for a full-time course load for the semester following their participation in a summer work/travel program. Approximately half of all applicants in this program are allowed to travel to the United States without first having job offers, allowing them to find employment while there. However, half of all program participants must have job offers in the United States at the time of their visa applications.

Camp Counselor: Camp Counselors interact directly with groups of American youth by overseeing their activities in a camp setting during the US summer season, between May and September. Although non-counseling chores may be an occasional part of camp life, program participants do not serve as "staff" — including (but not limited to) administrative personnel, cooks, or menial laborers such as dishwashers or janitors. Foreign university students, youth workers, and other specially qualified individuals at least 18 years of age may work as counselors in US summer camps for up to four months. Extensions are not permitted.

All program participants must be placed prior to their arrival in the United States at camping facilities which are either accredited; a member in good standing of the American Camping Association; or affiliated with a nationally recognized nonprofit organization; or inspected, evaluated, and approved by the sponsor.

Participants receive pay and benefits commensurate with those offered to their U.S. counterparts. Sponsors must provide information on the duties, responsibilities and contractual obligations relative to accepting a camp counselor position to their participants prior to departure from the home country. Please refer to the regulations for details.

Au Pair: Through the Au Pair program foreign nationals between 18 and 26 years of age participate directly in the home life of a host family by providing limited childcare services for up to 12 months. Childcare is limited to no more than 10 hours per day, and to a maximum of 45 hours per week.

Au pairs receive compensation for their work according to the Fair Labor Standards Act. Participants in the Au Pair program must be proficient in spoken English, and are required to complete at least six hours of academic credit or its equivalent at an accredited US post-secondary educational institution. Host families are required to pay up to $500 toward the cost of the au pair's required academic course work.