AdamBaseman95

Hi All, you may have seen my previous threads a few months back but I could really do with some advice/reassurance.

I opted for an E2 Specialist Visa last November which got declined under section 214(b), I then applied for a B1 for 6 weeks this then got declined under section 214(b).

I'm 22 years old, have been working in Insurance for just over 4 years and my company are sponsoring me for the entire trip. As you can see from the above I applied for a long visa, then a shorter visa and now I don't even have an ESTA!? I'm an honest British citizen who just wants to work in the states in our sister company for a few months and then return to the UK. What other options do I have left?

Putting work and my employment aside, I just want to make sure that I can visit the US on holiday in the future as I'm a young guy and of course would love to visit the country with my family etc but I have no intentions of staying there or exceeding my visa/esta allowance.

Please help!!

Maste

visa denial now means you can never use ESTA again. You have to declare all visa denials on the ESTA, and that'll forever deny you from getting one.

You might be able to get a B1 visa to travel on holiday down the line, but the advice seems to be wait a year or longer. Applying for the B1 right after your initial denial and being denied that one too doesn't look too good for you right now, so the longer you wait, the more likely you might be to get a B1 in the future. Establish stronger ties in the meantime, as I believe that's what section 214(b) is all about.

Fred16

Visa denial does not prevent ESTA. You just have to report it as long as the question is there.


As per your previous post, ...wait until Feb 2019 before trying ESTA again, although late 2019 may have more success

tom169

Fairly sure this isn't the case.

civilservant

It isn't. I don't know what he's talking about. A visa denial must be declared on ESTA. and this usually results in ESTA denial for 6-12 months. If ESTA is approved in the future, then you are free to use the VWP if you are otherwise eligible.

FYI - multiple visa applications in a short period of time look desperate, which is hardly conducive to them granting you a visa. Take this as a lesson.

Maste

I stand corrected, my apologies! I was led to believe visa denials would lead to ESTA being denied as you had to declare the denial. However, it does appear his best bet is still to wait a while before applying for ESTA/visa again.

scrubbedexpat099

Having worked in Insurance I can not think of anybody I knew who would have qualified at 22, I thought you have to have a Degree or equivalent now to start the CII exams for example. Intrigued which Company or Syndicate is involved. Things must have changed significantly.

Noorah101

This is not true. It's not forever. The visa denial must be declared on ESTA, which usually results in a denied ESTA for 6 to 12 months or so. But does not prevent VWP approval forever. Give it more than a year, then try ESTA again.

Depending on what it is the company wants you to do in the US office, it might be able to be done on the VWP. There is nothing special about a B-1 visa, if you're only staying 6 weeks... but business related activities are specific, so make sure you're complying with what is allowed.

Rene

Maste

Ah, got it. Thanks for the heads up, I'll be sure to remember that now!

AdamBaseman95

Thanks all this is very reassuring and hopefully I will redeem my ESTA back in 6-12 months, but as you have all advised it's best to leave it for a while and to let the dust settle.

The only other question I have is, if I were to redeem my ESTA and travel to the states on vacation.. I presume I will be highly scrutinized when talking to the US officer when I touch down in the states. Is there any advice on this to show that I am ONLY on holiday vacation and have no intention to work?

civilservant

Honestly, I would not expect any more scrutiny then anyone else. However, expect that they are able to see your previous denied visas. Honesty is the best policy.

Twinkle0927

SanDiegogirl

Job in UK proof and accommodation rental agreement etc

scrubbedexpat099

I would anticipate a trip to Secondary assume VWP authorisation is obtained.

crg

There is a huge difference between what is allowed under E-2 vs/ B-1. You can perform work on the E-2, but can't perform work on a B-1 or ESTA. The consulate probably determined that the work you'd do in the US on the B-1 would be outside of what is allowed under B-1. Unless you qualified for a B-1 in lieu of H1-B arrangement, then you'd be limited as to what type of work is allowed (meetings(not sales meetings with US based customers), observation (while paying your own expenses), and unproductive/classroom type training). You essentially applied for a visa that did not match the intended purpose of entry. So even if the ESTA was approved today, it's likely unlawful for you to work for the company in the U.S. using the ESTA/VWP. You could take a vacation, but you'd have to be able to convince the officer that no business/work would be performed. There are two flavors of ESTA admission (WT and WB). Being admitted as a WT tourist and then performing WB work activities would be a violation and make someone ineligible for future ESTA/VWP travel.