Go Back  British Expats > Living & Moving Abroad > USA > US Immigration, Citizenship and Visas
Reload this Page >

Young worker refused - what are my options?

Young worker refused - what are my options?

Old May 9th 2018, 10:46 am
  #1  
Just Joined
Thread Starter
 
Joined: Jan 2018
Posts: 25
AdamBaseman95 is an unknown quantity at this point
Unhappy Young worker refused - what are my options?

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!!
AdamBaseman95 is offline  
Old May 9th 2018, 11:50 am
  #2  
BE Enthusiast
 
Joined: Apr 2017
Posts: 739
Maste has a reputation beyond reputeMaste has a reputation beyond reputeMaste has a reputation beyond reputeMaste has a reputation beyond reputeMaste has a reputation beyond reputeMaste has a reputation beyond reputeMaste has a reputation beyond reputeMaste has a reputation beyond reputeMaste has a reputation beyond reputeMaste has a reputation beyond reputeMaste has a reputation beyond repute
Default Re: Young worker refused - what are my options?

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.
Maste is offline  
Old May 9th 2018, 11:55 am
  #3  
BE Enthusiast
 
Joined: Mar 2011
Posts: 379
Fred16 is a name known to allFred16 is a name known to allFred16 is a name known to allFred16 is a name known to allFred16 is a name known to allFred16 is a name known to allFred16 is a name known to allFred16 is a name known to allFred16 is a name known to allFred16 is a name known to allFred16 is a name known to all
Default Re: Young worker refused - what are my options?

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
Fred16 is offline  
Old May 9th 2018, 12:01 pm
  #4  
BE Forum Addict
 
tom169's Avatar
 
Joined: Mar 2015
Location: NC, USA (ex Yorkshire)
Posts: 3,923
tom169 has a reputation beyond reputetom169 has a reputation beyond reputetom169 has a reputation beyond reputetom169 has a reputation beyond reputetom169 has a reputation beyond reputetom169 has a reputation beyond reputetom169 has a reputation beyond reputetom169 has a reputation beyond reputetom169 has a reputation beyond reputetom169 has a reputation beyond reputetom169 has a reputation beyond repute
Default Re: Young worker refused - what are my options?

Originally Posted by Maste View Post
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.
Fairly sure this isn't the case.
tom169 is offline  
Old May 9th 2018, 12:19 pm
  #5  
Often not so civil...
 
civilservant's Avatar
 
Joined: Apr 2010
Location: The Boonies, GA
Posts: 7,328
civilservant has a reputation beyond reputecivilservant has a reputation beyond reputecivilservant has a reputation beyond reputecivilservant has a reputation beyond reputecivilservant has a reputation beyond reputecivilservant has a reputation beyond reputecivilservant has a reputation beyond reputecivilservant has a reputation beyond reputecivilservant has a reputation beyond reputecivilservant has a reputation beyond reputecivilservant has a reputation beyond repute
Default Re: Young worker refused - what are my options?

Originally Posted by tom169 View Post
Fairly sure this isn't the case.
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.
civilservant is online now  
Old May 9th 2018, 2:06 pm
  #6  
BE Enthusiast
 
Joined: Apr 2017
Posts: 739
Maste has a reputation beyond reputeMaste has a reputation beyond reputeMaste has a reputation beyond reputeMaste has a reputation beyond reputeMaste has a reputation beyond reputeMaste has a reputation beyond reputeMaste has a reputation beyond reputeMaste has a reputation beyond reputeMaste has a reputation beyond reputeMaste has a reputation beyond reputeMaste has a reputation beyond repute
Default Re: Young worker refused - what are my options?

Originally Posted by tom169 View Post
Fairly sure this isn't the case.
Originally Posted by civilservant View Post
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.
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.
Maste is offline  
Old May 9th 2018, 2:31 pm
  #7  
Lost in BE Cyberspace
 
Boiler's Avatar
 
Joined: Mar 2004
Location: Colorado
Posts: 31,987
Boiler has a reputation beyond reputeBoiler has a reputation beyond reputeBoiler has a reputation beyond reputeBoiler has a reputation beyond reputeBoiler has a reputation beyond reputeBoiler has a reputation beyond reputeBoiler has a reputation beyond reputeBoiler has a reputation beyond reputeBoiler has a reputation beyond reputeBoiler has a reputation beyond reputeBoiler has a reputation beyond repute
Default Re: Young worker refused - what are my options?

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.
Boiler is online now  
Old May 9th 2018, 5:22 pm
  #8  
MODERATOR
 
Noorah101's Avatar
 
Joined: Apr 2003
Location: Phoenix, Arizona
Posts: 57,951
Noorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond repute
Default Re: Young worker refused - what are my options?

Originally Posted by Maste View Post
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.
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
Noorah101 is offline  
Old May 9th 2018, 6:06 pm
  #9  
BE Enthusiast
 
Joined: Apr 2017
Posts: 739
Maste has a reputation beyond reputeMaste has a reputation beyond reputeMaste has a reputation beyond reputeMaste has a reputation beyond reputeMaste has a reputation beyond reputeMaste has a reputation beyond reputeMaste has a reputation beyond reputeMaste has a reputation beyond reputeMaste has a reputation beyond reputeMaste has a reputation beyond reputeMaste has a reputation beyond repute
Default Re: Young worker refused - what are my options?

Originally Posted by Noorah101 View Post
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
Ah, got it. Thanks for the heads up, I'll be sure to remember that now!
Maste is offline  
Old May 10th 2018, 10:33 am
  #10  
Just Joined
Thread Starter
 
Joined: Jan 2018
Posts: 25
AdamBaseman95 is an unknown quantity at this point
Default Re: Young worker refused - what are my options?

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?
AdamBaseman95 is offline  
Old May 10th 2018, 11:26 am
  #11  
Often not so civil...
 
civilservant's Avatar
 
Joined: Apr 2010
Location: The Boonies, GA
Posts: 7,328
civilservant has a reputation beyond reputecivilservant has a reputation beyond reputecivilservant has a reputation beyond reputecivilservant has a reputation beyond reputecivilservant has a reputation beyond reputecivilservant has a reputation beyond reputecivilservant has a reputation beyond reputecivilservant has a reputation beyond reputecivilservant has a reputation beyond reputecivilservant has a reputation beyond reputecivilservant has a reputation beyond repute
Default Re: Young worker refused - what are my options?

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.
civilservant is online now  
Old May 10th 2018, 12:19 pm
  #12  
Banned
 
Joined: Aug 2016
Location: Cascade Mountains, WA
Posts: 1,089
Twinkle0927 has a reputation beyond reputeTwinkle0927 has a reputation beyond reputeTwinkle0927 has a reputation beyond reputeTwinkle0927 has a reputation beyond reputeTwinkle0927 has a reputation beyond reputeTwinkle0927 has a reputation beyond reputeTwinkle0927 has a reputation beyond reputeTwinkle0927 has a reputation beyond reputeTwinkle0927 has a reputation beyond reputeTwinkle0927 has a reputation beyond reputeTwinkle0927 has a reputation beyond repute
Default Re: Young worker refused - what are my options?

Originally Posted by Maste View Post
Ah, got it. Thanks for the heads up, I'll be sure to remember that now!
yes, many people get that one confused. It's an overstay that will cause you to lose the VWP privilege for life. Even an hour of overstay is enough to be game over for the VWP. But a visa denial just needs to be declared and doesn't necessarily mean it's gone forever.
Twinkle0927 is offline  
Old May 10th 2018, 3:47 pm
  #13  
Lost in BE Cyberspace
 
Joined: May 2010
Location: San Diego, California
Posts: 6,926
SanDiegogirl has a reputation beyond reputeSanDiegogirl has a reputation beyond reputeSanDiegogirl has a reputation beyond reputeSanDiegogirl has a reputation beyond reputeSanDiegogirl has a reputation beyond reputeSanDiegogirl has a reputation beyond reputeSanDiegogirl has a reputation beyond reputeSanDiegogirl has a reputation beyond reputeSanDiegogirl has a reputation beyond reputeSanDiegogirl has a reputation beyond reputeSanDiegogirl has a reputation beyond repute
Default Re: Young worker refused - what are my options?

Originally Posted by AdamBaseman95 View Post
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?
Job in UK proof and accommodation rental agreement etc
SanDiegogirl is online now  
Old May 10th 2018, 3:57 pm
  #14  
Lost in BE Cyberspace
 
Boiler's Avatar
 
Joined: Mar 2004
Location: Colorado
Posts: 31,987
Boiler has a reputation beyond reputeBoiler has a reputation beyond reputeBoiler has a reputation beyond reputeBoiler has a reputation beyond reputeBoiler has a reputation beyond reputeBoiler has a reputation beyond reputeBoiler has a reputation beyond reputeBoiler has a reputation beyond reputeBoiler has a reputation beyond reputeBoiler has a reputation beyond reputeBoiler has a reputation beyond repute
Default Re: Young worker refused - what are my options?

I would anticipate a trip to Secondary assume VWP authorisation is obtained.
Boiler is online now  
Old May 10th 2018, 5:00 pm
  #15  
crg
American Expat
 
Joined: Jan 2004
Posts: 7,598
crg has a reputation beyond reputecrg has a reputation beyond reputecrg has a reputation beyond reputecrg has a reputation beyond reputecrg has a reputation beyond reputecrg has a reputation beyond reputecrg has a reputation beyond reputecrg has a reputation beyond reputecrg has a reputation beyond reputecrg has a reputation beyond reputecrg has a reputation beyond repute
Default Re: Young worker refused - what are my options?

Originally Posted by AdamBaseman95 View Post
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."
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.

Last edited by crg; May 10th 2018 at 5:03 pm.
crg is offline  

Contact Us - Archive - Advertising - Cookie Policy - Privacy Statement - Terms of Service - Do Not Sell My Personal Information

Copyright © 2018 MH Sub I, LLC dba Internet Brands. All rights reserved. Use of this site indicates your consent to the Terms of Use.