Fatmike85

I was recently refused an E2 visa on the grounds that the CO felt I didn't have sufficient work experience to be granted said visa. He simply explained my sponsoring company had me apply under the wrong visa and it was unsuitable for him to grant it. I am a 23 year old recent Surveying graduate and member of the RICS. I had a year in industry with the client company, a very highly reputable worldwide construction services company. This company was unable to get me a H1-B in time for this year and searched for other ways in which to get me over to start work ASAP. They found a company that specialized in bringing engineers over and then sending them to the client company on assignment. Completely legal, as the CO informed me, but not very favorable. The only criteria I did not meet for the E2 was item no.8 on the form," Applicant, if an employee, is destined to an executive/supervisory position or possesses skills essential to the firm's operations in the United States"

I asked the CO if the denial will effect me gaining entrance to the USA for future visits, my girlfriend of two years is a USC and lives in Michigan so I like to get out a few times a year at least. He said it should not affect me at all, if he were the POE officer he would simply see, after reading the notes he was writing as I was standing there, that I was simply someone who enjoys the USA. The denial was not negative and therefore nothing to worry about.

My main question is how long should I wait before trying to enter the USA on the VWP? My friends are getting married in California in a couple weeks and I have had to opt out of this to insure entry when I want to see me girlfriend. This is where it gets a little complicated...I am a dual national, both Irish and British from Northern Ireland. I typically travel on Irish passport which has my expired J-1 visa (with CWOP scrawled on it, I recently only learnt what that meant from this forum, I have claimed NO on the entry form for cancelled visas since having this writing on and had no problems, no questions even) and 4 other US stamps, 2 of which are from this year, one at the end of Feb when i stayed 2 weeks, and one at the end of May for 1 month. I applied for the E2 visa on my British passport, the Embassy meeting was on the 22nd September, I have not travelled at all on my British passport.

As it seems I am all of a sudden out of a job at least until my company can sort a H1-B for me next year. I was wanting to go spend time with my girlfriend, possibly for 2 months+ until she graduates. At that point she is going to come over to the UK for 6 months and once returning we are going to apply for a fiancee visa for her to come back again and get married here, its seems the easier option with all the bureaucracy in the US.

By reading the forum it sounds as though I am about due secondary questioning the next time I visit especially if I want to stay for around 2 months. Do I need to travel with both passports? Do I need to disclose information about the passport i choose not to travel on. For instance if i travel on my Irish must I disclose the denial? Would it be at all necessary for me to obtain a B2 visa to visit even though the CO was adamant it was unnecessary?

Sarah Louise

I too have just been refused the E2 under the same number 8 rule. However you have a much a stronger case with your qualifications.

My boyfriend has been offered a position and has got his visa no problems, his company were so keen for him to go over they offered me a job too, sadly at no point did they mention that I may not get a Visa. Goes without saying I was distraught when Id waited 3 hours and then told no thanks. I was totally unprepared for that outcome. In the meantime I am without a job (for the first time in my life) with no income and a mortgage to pay. Not to mention that Im so embarrased about the refusal I havent told anyone! I am pretty angry with myself for being so naive about the whole process and believing what this company were telling me. They are also a recruitment company.

They say that I can still go out on a visa waiver but I read earlier that because Ive had a visa refusal they probably wont let me in. A B1/2 visa has also been mentioned but Im sure I cant work on that.

If anyone has any suggestions, advice, similar stories or experience I would love to hear from you!

I thought (and it could be a long shot) that I could be employed by the company in England but still work in the US. Would this work?

Thanks

Sarah

Ray

So you both were applying for E-2 Managers position
when you were not.... No surprises you got turned down...

And for Fatmike .. do not apply for a B-2 ...try the visa waiver
you don't appear to have over-used it this year..and do not try to be smart with different passports .they know that trick ...


Sarah Louise
You can still use the visa waiver for a visit..
you cannot work though ...

your last idea is a no ... you still need a visa

Sarah Louise

Thanks for that Ray

So basically we think Im scupperd then?! Do you think itd be worth applying for a B1/2 visa or would I be refused having already been refused for the E?

Sarah

Ray

Why would you want a B-2

Sarah Louise

Because then I wouldnt have to return every 90 days for 30 days I suppose? Or would I? Maybe I could try for a B and eventually upgrade to an E?

Sarah

scrubbedexpat099

You might get a B to move with your boyfriend, but no work authorisation, so I am not sure how you would ever get an E2 Managerial.

Never believe what a Recruitement Agency may say, remember their focus.

Fatmike85

I was to be employed as a Cost Manager/ Project Manager. The client company admitted they would normally be looking for some one 25+ but my performance on the year in industry made them want to give me a shot.

So the E2 refusal and visits to the States up to this point shouldn't affect me poorly? I only returned from my J-1 position in Spetemeber 2007.

Thank you for any and all answers!

scrubbedexpat099

You have to tick the box, you probably will end up in Secondary being quizzed. Just have your ducks in a line.

MsElui

cant you work for them for a year in the UK first and then get an inter company transfer (ie L visa)?

Fatmike85

The UK/ EMEA branches operate as a separate entity, similar to the arrangement 'PWC' has. Its 3 companies that operate under the same name with standardized practices, so the UK offices are not obliged to help me out and I would probably have to go through the whole process of applying and interviewing with no guarantees. I'm awaiting a phone call tonight to talk about the options

leggsy2003

as you have dual citizenship you could try the green card lottery

Ozzidoc

.....except that PwC does move people internationally....obtaining visas etc

Fatmike85

The hiring company also moves people internationally via the L-visa and sponsoring other visas. It would just mean a year of working for one of the UK offices before being able to move over, which isn't much help to the USA office who want me now.

Tracym

What makes you think being here for 90 days, out of the country for 30, then back here again will work? I certainly don't think so - not more than once anyway.

The general guideline is to spend at least as much time out of the US and in. i.e. 90 days in the US, at least 90 days out before attemptimg to return.