Visas and Immigration Status
Who issues visas, and where are they issued?
The Department of State (DOC) is responsible for implementing US foreign policy. The State Department, as it is commonly called, is the US equivalent of what most countries refer to as the “ministry of foreign affairs.” DOS operates US embassies and consulates, and consular sections are responsible for visa issuance.
It is important to note that you cannot obtain a US visa from within the United States. (There are no US embassies or consulates within the United States.) Within the United States, the Department of Homeland Security (DHS) is responsible for immigration matters. US Citizenship and Immigration Services (USCIS, or simply CIS) is a bureau within DHS and is authorized to change and extend immigration status.
There are many different types of visas issued by the Department of State. Each type was created to meet various US foreign policy objectives. The US maintains relationships on different levels with different nation-states around the world. To some extent, the diplomatic relationship between the US and your home country influences the visa issuing process for you. It is therefore very important to check visa requirements with your local US Embassy or Consulate before arriving for your visa interview appointment. These days, many US embassies are requiring visa applicants to schedule an appointment in advance by phone or the Internet. Visit their site to find out about current visa appointment and issuance / processing times for every US consulate around the world.
What is the difference between "visa" and "immigration status?"
The best way to keep these concepts apart is to think of who is responsible for each. The Department of State (DOS) is responsible for visa issuance (see “What is a visa?” above). A visa is like a key that can open the door. Once the door is open and you have been admitted to the United States, it is the maintenance of your immigration status that becomes most important.
When you first arrive at a US Port of Entry (an airport, seaport, or land border inspection station) you will likely be met by an officer of Customs and Border Protection (CBP). CBP is another bureau within the Department of Homeland Security (DHS). Once you are “through the door,” your immigration status is monitored and controlled by yet another DHS bureau, Immigration and Customs Enforcement (ICE). In other words, DHS is responsible for making sure that you follow the terms of your particular status category. Different status categories have different requirements that must be followed in order for you to maintain your legal presence in the United States. If you violate the terms of your status category, you risk deportation (among other things). For example, someone in B-2 tourist status is ineligible to work in the United States, and if he does so he may be deported for violating the terms of the B-2 status.
One other note on visa versus immigration status: the two are usually not valid for the same length of time. Visa validity is determined by the DOS, who prints the expiration date on the visa itself. Immigration status, authorized by DHS, may end before or after the expiration of your visa. Please check with the immigration specialist in Human Resources if you have questions about your visa or status.
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