This article will discuss US business visas that foreigners use when traveling to the United States of America on business.
For foreign nationals, it can be difficult to travel to the United States for business purposes. This is because the American Immigration and Nationality Act and other Federal laws must be complied with by the officer who adjudicates visa applications. Some people may find that the application of relevant law can lead to an adverse finding. The following analysis will examine common reasons why a USA business visa is denied.
The US B1 visa can be used to enter the country as a non-immigrant visa. To be granted a B-1 visa, the applicant must satisfy the American Immigration and Nationality Act section 214(b). A Consular Officer must deny a visa application under section 214(b). This is because they believe the applicant is using the visa to do undisclosed work. This would happen if the applicant applied for a visa to travel abroad on a business basis, was approved, and then stayed indefinitely. The United States B1 visa can only be used for non-immigrant reasons. A Consular Officer must review a US business visa application to ensure that there is no immigrant intent. Here is where the "strong and weak ties" analysis comes in. Parties applying for a non-immigrant visa such as a B-1 visa need to show that they have strong ties to their country of origin or to another country. They also need to prove that they have weak ties to America.
There are many other categories of visas for business and employment, aside from the B1. An L-1 visa, for example, allows visa holders to have "dual intention". This allows the visa holder to have both a temporary and long-term intention to immigrate to the USA. The US H-1 visa can be used as a dual purpose travel document. Although section 214(b), which does not apply to certain business visa categories, is still applicable to visa applications. A Consular Officer must still decide the merits of visa applications to ensure that the applicant is admissible to the United States. In addition, officers must be vigilant for fraud and misrepresentation when adjudicating visa applications. The Consular Officer may also be charged with making findings of fact depending on the type of application.
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