The adjudication of a non-immigrant visa application necessitates an in-person interview at the designated U.S. Embassy or Consulate facility. The interview serves as the primary means by which a consular officer evaluates the applicant’s compliance with statutory and regulatory requirements for visa issuance, including but not limited to bona fide intent, admissibility, and the eligibility criteria specified under the Immigration and Nationality Act (INA) and relevant regulations.
The visa categories include, but are not limited to, B-1/B-2 (Business/Tourist), F-1 (Academic Students), J-1 (Exchange Visitors), L-1 (Intracompany Transferees), O-1 (Individuals of Extraordinary Ability), and E visas (Treaty Traders and Investors). For each category, applicants must be apprised of the procedural requirements, documentary evidentiary standards, and the legally prescribed criteria that substantiate eligibility.
General Preparation for All Visa Categories
Documentation Submission: Applicants must produce and present at the interview all documents demonstrating compliance with the relevant statutory and regulatory provisions. These typically include:
- A valid passport, unexpired at the time of adjudication;
- Form DS-160 confirmation pages;
- Appointment confirmation receipt;
- Category-specific supporting documentation, including evidence of ties to the home country, financial solvency, and purpose of trip.
Interview Preparedness: Applicants should be prepared to elucidate facts pertaining to their background, purpose of visit, and intent to depart the United States upon expiration of authorized stay, consistent with the statutory requirements of non-immigrant intent (INA § 214(b)).
Language Proficiency: Effective communication skills are essential. The officer’s assessment of the applicant’s ability to communicate in English may influence the determination of credibility and overall eligibility. In Japan, there are officers who speak Japanese and English as well as staff but we advise clients to have a strong command of the English language for the interview.
Specific Inquiries and Scrutiny for Visa Categories
B-1/B-2 (Business/Tourist Visas)
Applicable Legal Standards: Under INA § 214(b), the applicant bears the burden of establishing non-immigrant status by demonstrating sufficient economic, social, and familial ties to the home country to ensure their return.
Sample Questions:
- Please delineate the specific nature of your business/travel purpose and how it aligns with the provisions under INA § 214(b).
- What evidence can you furnish demonstrating substantial ties to your domicile or country of residence?
- What is your current employment status and occupation?
- Do you possess property or assets in your home country?
- What is the duration of your stay in the United States?
- Are you visiting relatives or friends? Please specify.
- Do you intend to work or undertake employment during your stay? (interpreted as intention to work without authorization, which is inadmissible)
- How will your expenses be financed during the period of stay?
F-1 (Academic Student Visa)
Legal Basis: The applicant must establish acceptance by an authorized institution, sufficient financial resources to finance the period of study, and a credible intention to depart upon completion.
Sample Questions:
- Please identify the institution granting admission and the specific program of study.
- How does this educational endeavor serve your career and personal development?
- What evidence do you possess of financial capacity to cover tuition and living expenses, as per 8 CFR § 214.2(f)?
- Have you previously studied abroad or in the United States? Please provide details.
- What are your post-completion intentions regarding employment or return to your home country?
- Do you possess any dependents accompanying you? If so, what is their status and purpose?
J-1 (Exchange Visitor Program)
Legal Requirements: The applicant must demonstrate participation in a program sponsored by a designated organization, with requisite funding and purpose aligned to cultural and professional exchange.
Sample Questions:
- Please furnish documentation evidencing sponsorship and the program’s scope.
- What specific activities will you undertake during your exchange period?
- How does this exchange advance your professional or academic pursuits?
- Will you receive any stipend or remuneration? If so, please specify.
- What are your long-term plans post-program completion?
L-1 Visa: Intracompany Transferee
Legal Framework:
The L-1 visa is designated for intracompany transferees who have been employed continuously by a qualifying foreign affiliated entity for at least one year within the preceding three years and seek to enter the U.S. to render managerial, executive, or specialized knowledge services. The statutory standard is found in INA § 101(a)(15)(L).
Subcategories and Conditions:
- L-1A: Managers or executives, intended for persons occupying senior roles.
- L-1B: Employees with specialized knowledge vital to the enterprise.
Common Interview Questions:
- Please describe the corporate relationship between the foreign entity and the U.S. entity, including organizational and ownership structures.
- How many years have you been employed by the foreign entity, and in what capacity?
- What are your current job responsibilities, and how do they relate to the U.S. position?
- Are you seeking to serve in a managerial/executive capacity (L-1A) or as a specialist with unique knowledge (L-1B)?
- Provide documentation evidencing your employment history, including pay stubs, employment verification letters, and organizational charts.
- Describe the nature of the U.S. office’s operations and your role therein.
- How does your previous employment qualify you for this transfer under INA § 214(c)?
- Have you previously held a U.S. visa within this same employment relationship?
Required Supporting Documentation:
- A letter from the foreign employer detailing your role and employment period;
- Evidence of the qualifying relationship between the foreign and U.S. entities (e.g., Articles of Incorporation, organizational charts);
- Evidence of your employment duration and role (pay slips, tax documents);
- Evidence demonstrating the managerial or specialized knowledge role.
Legal Standards and Burden of Proof: The applicant must prove that the U.S. position qualifies under the criteria of managerial, executive, or specialized knowledge capacity, and that the foreign employment has been continuous for at least one year within the three years prior to application.
Specific Interview Criteria and Questions for E-1 Visa (Treaty Trader)
Legal Standards:
- Substantial Trade: The trade must be considerable in volume, frequency, and monetary value, and of a nature that indicates it is significant and ongoing.
- Trade principally between the U.S. and the treaty country: The majority of the trade should be between the two countries.
Common Interview Questions and Evidence:
- What is the nature of your trade with the United States?
Applicants should clearly describe the goods or services involved, the frequency of transactions, and the scope of their trading activities. - How does your trade qualify as “substantial” within the meaning of INA regulations?
Applicants must explain how their trade volume meets the legal threshold, which can be interpreted based on volume, monetary value, or frequency. - Please provide documentation evidencing the volume and frequency of trade transactions (e.g., invoices, shipping records, contracts).
Supporting documents should substantiate the ongoing and substantial nature of trade. - Are you employed in an executive or supervisory capacity regarding the trade operations?
If applicable, discuss your role and responsibility levels. - Describe your company’s or your personal involvement in the trade activities.
Highlight how your role directly relates to the trade being conducted. - Will you be managing or supervising trade activities in the U.S.?
You should be prepared to demonstrate your capacity to manage or direct the trade operations. - Does your trade involve goods or services of a substantial monetary value?
Provide financial documentation and trade records demonstrating the monetary scale. - What percentage of your trade transactions are between the U.S. and your home country?
Illustrate the bilateral nature and prominence of trade with the U.S.
Legal Standards for E-2 Treaty Investor Visa
The approval of an E-2 visa hinges on the applicant’s ability to demonstrate compliance with the statutory and regulatory requirements, which include the following core principles:
- Investment of Capital
The applicant must have invested, or be actively in the process of investing, a substantial amount of capital in a bona fide enterprise situated within the United States. The investment must be committed and at risk of loss if the enterprise fails. - Substantiality of Investment
The investment must be substantial relative to the total cost of the enterprise or proportional to the income that the enterprise is reasonably expected to generate. Regulatory guidance interprets “substantial” in different contexts, but generally, the amount must be significant enough to ensure the investor’s commitment and the enterprise’s ability to operate. - Bonafide Enterprise
The business must be real, active, and operating as a commercial entity that produces goods or services, not a passive or speculative investment. It must be capable of generating profits or present a realistic prospect of doing so. - Managerial or Operational Control
The investor must be primarily entering to develop and direct the enterprise, which is often demonstrated by owning at least 50% of the enterprise or having operational control through a managerial position or other corporate authority.
Key Criteria in Detail
- Investment Amount:
While there is no fixed dollar threshold, the amount must be proportional to the total cost of the business or sufficient to establish that the enterprise can be successful and is a genuine enterprise rather than a marginal venture. - Investment at Risk:
Funds should be committed and at risk of loss, which means they are either spent or irrevocably committed to the enterprise, not merely paper investments or loans. - Source of Funds:
The applicant must establish lawful source and path of the funds used for investment. Evidence such as bank statements, transfer records, or transaction histories are critical. - Development and Direction:
The applicant’s role must be focused on developing and directing the enterprise; passive investment does not qualify. - Existence and Operation:
The enterprise must be actual, bona fide, with active operations, and capable of generating revenue or profits.
Common Interview Questions and Evidence
Applicants should prepare detailed, credible responses and substantiate their answers with supporting documentation.
- Please describe the investment you have made or are in the process of making in the United States.
What to Say:
- Clearly explain the nature and scope of your investment, including the specific amount invested or committed.
- Clarify whether the investment is in a new or existing enterprise.
- Indicate the current stage of investment (e.g., funds transferred, property purchased, business established).
Supporting Evidence:
- Bank statements showing transfer of funds
- Escrow deposit agreements
- Purchase agreements or lease contracts
- Business registration or license documentation
- Describe the nature of the enterprise, the total cost, and the stage of investment.
What to Say:
- Provide a comprehensive description of the business (retail, manufacturing, service, franchise, etc.).
- Specify the total estimated or actual cost of the enterprise, including startup costs, equipment, inventory, and operational expenses.
- Explain how much of the cost has been incurred so far and the remaining amount needed.
Supporting Evidence:
- Business plans and feasibility studies
- Cost estimates and financial projections
- Invoices and receipts for purchased items
- What is the total cost of the enterprise, and how does your investment relate to that cost?
What to Say:
- Detail how your investment contributes to the overall capital needs of the business.
- Interpret “substantial” by comparing investment amount to total capital or projected income.
- Clarify whether your funds constitute a significant percentage of total startup or operational costs.
Supporting Evidence:
- Formal business budget and financing documentation
- Detailed financial statements
- Equity or contribution agreements
- Provide documentation such as financial statements, bank statements, escrow deposits, or purchase agreements.
What to Present:
- Bank and transfer records demonstrating the lawful and traceable source of funds.
- Contracts, sale deeds, or lease agreements confirming property or assets acquired.
- Business registration documents evidencing the enterprise’s operation.