SPECIALTY OCCUPATION VISAS

Bahasa Indonesia Version

The Immigration and Nationality Act provides for a certain number of specialty occupation visas (H-1/B visas) to be issued each year. The work performed must be in specialty fields such as architecture, engineering, mathematics, physical sciences, social sciences, medicine and health, education, business specialties, accounting, law, theology, and the arts. The Embassy cannot assist an applicant in finding employment in the United States.

In order to receive H-1/B status, the sponsoring employer in the United States must file a labor condition application (LCA) with the Department of Labor attesting to several items, including payment of prevailing wages for the position, and the working conditions offered. The employer must then file an I-129 petition with the USCIS and, unless specifically exempt under the law, an additional $500 fee to sponsor the H-1/B worker. (Note: fee subject to change). After the petition has been approved, the USCIS will send the applicant a Form I-797 Notice of Action, with which the applicant can apply for the visa. The USCIS currently has an expedited service for filing these kinds of petitions. To learn more about the petition approval process and expedited processing, see the USCIS website at http://www.uscis.gov .

APPLICATION PROCESS

In Indonesia, an application for an H-1/B visa to go to the United States can only be made at the U.S. Embassy in Jakarta, which is located at Jl. Merdeka Selatan No. 5, Jakarta Pusat, or the U.S. Consulate General in Surabaya, which is located at Jalan Raya Dr. Soetomo 33. The Consular Agent in Bali and the U.S. Consulate in Medan can provide basic information and information about visa application forms, however, all applications for visas must be submitted to the U.S. Embassy in Jakarta or the U.S. Consulate General in Surabaya by appointment.

REQUEST AN APPOINTMENT

Applicants who wish to schedule an appointment for a nonimmigrant visa interview should first fill out the Electronic Visa Application Form. After the form has been printed out, applicants should log on to our online appointment system as follows to schedule an appointment:

- at the US Embassy in Jakarta;

- at the US Consulate General in Surabaya;

Applicants may complete the online scheduling process even when the embassy and/or Consulate General is closed. Applicants may also see an entire list of available interview dates, so they may choose the one that is most convenient for their schedule. Additionally, applicants outside of Jakarta or Surabaya will no longer need to make a long-distance phone call to schedule their appointments.

To use the sysetm, the applicant will enter into the online appointment system their electronic barcode from the third page of their application and other personal identifying information. After scheduling an appointment online, an applicant will receive an immediate confirmation of the appointment which should be printed and brought to the interview.

Appointments are scheduled workdays excluding public holidays . Appointment times are staggered; applicants should arrive at the Embassy at the time stated. Applicants who qualify for the business visa program in Jakarta can see our Business Visa Program page for more information on how to prepare for an interview.

The U.S. Embassy in Jakarta and the U.S. Consulate General in Surabaya will accommodate requests for expedited visa interview appointments on a space available basis for humanitarian reasons or for truly urgent business travel. Failure to plan adequately ahead for routine business travel does not constitute an emergency. Conferences and seminars are not normally considered emergencies. Qualified business travelers applying with an APEC Business Travel card will received expedited appointments.

Requests for expedited appointments in Jakarta can be submitted via email to jakconsul@state.gov or via fax to + 62 (21) 385 7189.  Requests for expedited appointments in Surabaya can be sent via email to consurabaya@state.gov. Please provide the passport number and a written explanation of why the travel is urgent and include contact information for consular staff to verify the claimed emergency situation. All requests must include telephone or e-mail contact information in Indonesia for the visa applicants.

If you must travel earlier than your scheduled appointment, or if you missed your appointment, you must reschedule your appointment using the online appointment system. Please do not come to the Embassy without rescheduling.

Applicants may only schedule one appointment at a time. Applicants who schedule multiple appointments on different days will only be permitted to apply for a visa on the date of their first scheduled appointment. All other appointments will be deleted from our system.

Most visa applicants must use the appointment system described above. However, applicants under 14 years old or over 80 years old may qualify for a visa without coming for an interview. Generally, the consular officer will waive the personal appearance requirement for any applicant under 14 years of age. For example, if a family is traveling on vacation to the U.S., any children under 14 do not have to accompany their parents to the visa interview. Every applicant age 14 or older must sign his or her own application form and will have his or her fingerprints scanned at the time of the interview. 

THE VISA APPLICATION AND INTERVIEW

Visa interviews are conducted directly between the consular officer and the applicant. Third parties, including lawyers, are generally not allowed to be present at the interview, though Exceptions are granted for those people who do not speak English nor Indonesian and need a translator, or for people who need physical assistance. All visa applicants between 14 and 80 years of age (except those applying for diplomatic visas) will have their fingerprints scanned at the time of the interview.

The U.S. Embassy in Jakarta and the U.S. Consulate General in Surabaya require the use of the Electronic Visa Application Form (EVAF). The EVAF is a simple, online Internet application that allows visa applicants to access, download, and fill out their visa applications on the Internet. The use of the EVAF will result in shorter lines and waiting times since visa clerks will no longer need to manually enter visa application information. Handwritten applications or those typed using a typewriter can not be accepted. 

At the visa interview, the applicant must present the following: 

• A fully completed, signed DS-156 Electronic Visa Application Form for each applicant (including one for every child);
• A completed DS-157 if the applicant is a male between 16 and 45 years of age;
• A current passport valid for at least six months (note: If more than one person is included in the passport, each person desiring a visa must make a separate application);
• Any previous passports;
• $131 application fee, payable in Rupiah for each person (including children);
• A passport-type photograph (see photo requirements);
• Original Form I-797 Notice of Approval. At the visa interview, applicants for an H1B visa must also demonstrate that they posses the highly specialized knowledge required of the position for which they have been hired, and that they have completed a bachelor's or equivalent degree in the specialty, or have experience equivalent to such a degree. They may be asked to present their bachelor's degree, job letters, or other proof that they have the necessary experience in the field in which they want to work.

Please note that the $131 application fee applies to all US Visa applicants worldwide and covers the expense of conducting the interview and processing the application. The application fee cannot be returned, even if the visa is denied or no application is ever filed.

The visa application will normally be adjudicated at the conclusion of the interview. Certain applicants may be required to present additional information, or to await further processing, before their applications can be finally decided. Thus, all applicants are encouraged to apply as far in advance as possible before their intended departure, so that enough time is allowed to resolve any procedural problems, should any come arise. The Embassy does not recommend anyone purchase nonrefundable tickets until a visa is issued.

FAMILY MEMBERS

Spouses and unmarried minor children of H-1/B applicants may apply for derivative H-4 visas to accompany or follow the principal H-1/B visa holder. Each family member must meet all other visa eligibility requirements, including evidence that they will have sufficient funds for their support, and that they will depart the U.S. when the principal applicant's approved work period ends. Spouses and children of H-1/B visa holders may not accept employment at any time. School-age minor children may attend public schools on H-4 status, and are required to attend school if residing in the United States.

VISA ISSUANCE

After the visa has been authorized, applicants are generally told to return two or three days later to pick up their passports with valid visas. Applicants who need their visas sooner than what the Consular Officer states should consult with the Consular Officer at the time of the interview. The Consular Officer will attempt to expedite issuance; however, due to the nature of the nonimmigrant visa issuance process, it is not possible to issue a visa in 24 hours or less.

VISA PICK-UP INFORMATION

The applicant or a representative may return to pick up the passport with visa at the appointed time. If the applicant sends a representative, the representative must bring with him/her the pickup ticket and know the name of the applicants whose passport s/he is acquiring.

Applicants whose visas required additional administrative processing and whose visas are ready for processing will be contacted by consular staff at the number provided on the application.

For those subject to additional processing, please see the NSEERS page for further advice on entering and exiting the United States.

To inquire about the status of a visa application, please write to jakconsul@state.gov or call 3435-9223 between 9:00 and 11:00 WIB.

THE VISA

All those who receive a U.S. visa should check the accuracy of all the data on the visa, including name, date of birth, passport number, gender, and photo. Advise Consular Section personnel of any errors before leaving the Embassy.

VISA VALIDITY

The maximum validity for H-1/B visas for Indonesian citizens is 12 months. H-1/B visas are annotated to note the U.S. employer and may be for a shorter duration depending on the length of the petition.. The expiration date of the visa notes the last day you may use the visa to apply to enter the United States. The expiration date is not the last day you are allowed to remain in the U.S. Every time you plan to travel to the U.S, remember to assure your passport is valid for at least six months from the time you plan to depart the U.S. However, you may travel with two passports -- one expired passport with a valid visa and a new passport.

INTERVIEW AT PORT OF ENTRY

A valid visa does not guarantee you will be allowed to enter the United States. A U.S. immigration officer who will interview you when you arrive in the U.S. will determine if you are eligible to enter the U.S. and for how long. In the event the immigration officer finds you ineligible, you will not be allowed to enter and will be depart the United States immediately. When you enter the U.S., the immigration officer will take your picture with an electronic camera and scan your fingerprints again

DURATION OF STAY IN THE U.S.

The immigration at the U.S. port of entry (where you arrive in the U.S.) will usually note the period of time you are allowed to remain in the U.S. Your visa does not allow you to remain in the U.S. for a period of five years. You are expected to leave before the period stamped at entry expires unless you request an extension of stay from the Department of Homeland Security (DHS)

NOTE: Travelers who overstay in the United States may have difficulty in returning to the U.S. in the future and in obtaining a new visa.

PRIOR HOLDERS OF A J VISA

Specialty occupation visa applicants who have been to the United States previously on a J visa (exchange visitor) program must fulfill the two-year foreign residency requirement as per section 212 (e) of the U.S. Immigration and Nationality Act before applying for an H-1/B visa. If the applicant has not yet spent two years outside the United States, he or she must obtain a waiver of the two-year foreign residency requirement before the H-1/B visa can be issued. For more information, see the State Department website at http://travel.state.gov.

Still confused? Please check out our most frequently asked questions page. Or, for more information, please contact one of our visa assistants by phone at + 62 (21) 3435-9050 (between 13:00 and 15:30 WIB only), by e-mail at jakconsul@state.gov or by fax at + 62 (21)385-7189.