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Young worker refused - what are my options?

Young worker refused - what are my options?

Old May 11th 2018, 11:28 am
  #16  
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Default Re: Young worker refused - what are my options?

Originally Posted by crg View Post
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.

Thank you for all of your answers, the above makes sense however I should add that when applying for the B1 I was honest and said I was to travel for training US employees for 6 weeks and I still didn't qualify for the Visa.
You mentioned the (WT) ESTA which is great and very reassuring for my future holidays! What would be the scenario in the future for using the ESTA/VWP (WB) for business purposes? Say playing golf or meeting clients for a week or two? Would this be possible or given my visa history is this something you would not advise?

Thanks again for all of your feedback.
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Old May 11th 2018, 12:30 pm
  #17  
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Default Re: Young worker refused - what are my options?

Originally Posted by AdamBaseman95 View Post
Thank you for all of your answers, the above makes sense however I should add that when applying for the B1 I was honest and said I was to travel for training US employees for 6 weeks and I still didn't qualify for the Visa.
You mentioned the (WT) ESTA which is great and very reassuring for my future holidays! What would be the scenario in the future for using the ESTA/VWP (WB) for business purposes? Say playing golf or meeting clients for a week or two? Would this be possible or given my visa history is this something you would not advise?

Thanks again for all of your feedback.
Attending meetings or playing amateur golf is fine on the VWP.
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Old May 11th 2018, 2:24 pm
  #18  
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Default Re: Young worker refused - what are my options?

Originally Posted by AdamBaseman95 View Post
Thank you for all of your answers, the above makes sense however I should add that when applying for the B1 I was honest and said I was to travel for training US employees for 6 weeks and I still didn't qualify for the Visa.
You mentioned the (WT) ESTA which is great and very reassuring for my future holidays! What would be the scenario in the future for using the ESTA/VWP (WB) for business purposes? Say playing golf or meeting clients for a week or two? Would this be possible or given my visa history is this something you would not advise?

Thanks again for all of your feedback.
The training you describe along with the other factors would indicate that work authorization would be required to provide the training. There is a difference between attending training and providing.

Providing training in the US may be allowed under certain circumstances. If it is part of a initial sales/service contract of a foreign made product, that would work. A separate after sales service agreement would not. Sending a foreign worker to the US entity to help out a subsidiary may not be allowed depending on the circumstances. There is something called B-1 in lieu of H-1B, but the employee usually must be normally classifiable as an H1-B (degree etc). You'd be unlikely to qualify for that. Training someone to sell insurance by bringing them along to actual potential customers would not be authorized.

Using ESTA/WB will of course require an ESTA approval first, then it's up to the officer if you'd be admitted. Coming to try to make sales to US clients would not be allowed if the service will be provided directly from the US subsidiary. That would be considered to be in the stream of domestic commerce. Meeting clients who would purchase goods/services from the foreign entity directly may be acceptable.
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