B1 visa entry denied/application for admission withdrawn

B

bioengineer

New Member
I travelled very recently to the US for a visit to a client location (sponsored by my company).

At the POE, I was questioned extensively regarding my intentions for my stay here and the officer interpreted that I would be doing some work on B1 visa (which is true - I spoke very honestly about my job function and he asked me if I am aware of the legalities of the B1 visa - my understanding was what I had taken at face value from my company's in-house "expert"

After interviewing me, my client and my company's lawyer, the Homeland Security Officer told me that there are two courses of action:
a. Removing me with 5 yr ban (according to him, since I am working in such a good organization and appear to be smart, I should be aware of the legalities of B1 and not knowing is not an excuse).
b. Apply for withdrawal (since it is more of company's fault than mine)

He went with b, thankfully, so now I have an "application for admission withdrawal" stamped on my passport and a cross across my B1 visa along with "212....(b).." - basically some kind of alpha numerical code for a section of law which means I was applying for admission based on a visa which is not consistent with what I want to do in the US.

Now what does this mean for me? I have already accepted another offer for a fortune 500 company - this is an American corporation which will require me to travel to the US too, but Im assuming they have a much better travel desk and legal teams and know what theyre doing when they send someone.

My questions:

1. Will I have issues if this company sends me again on B1 or L1 or H1?
2. Does this impact my ability to obtain a F1 visa for advanced study in the future.

Please advise regarding all possible long term consequences. Thanks!
 
A1: For L-1 and H-1B I see no issue. For B-1, you may have a tough time acquiring a fresh visa. If granted, you may face the same challenge trying to use it.
A2: For F-1, you will need to overcome 214(b).

bioengineer said:
1. Will I have issues if this company sends me again on B1 or L1 or H1?
2. Does this impact my ability to obtain a F1 visa for advanced study in the future.
Click to expand...
 
Of course you need to face some challenging questions and that too if not individually but through the company. If you apply individually you can prove your side saying that it was not your fault. For any visa you need to satisfy the CO and also luck would play a role depending on the mood of the CO.
 
For an L1, there must be a pre-existing employer-employee relationship that you will not have with a new employer (it does not work for a third party client--only affiliated company or subsidiary and they must be multinational.)

An H1-B is subject to a CAP and the start date is on or after the first of the next fiscal year which is Oct 1st.

The type of work allowed for B1's is limited to "after purchase, after sales-service"

8 CFR § 214.2 Special requirements for admission, extension, and maintenance of status.

(F) After-sales service. Installers, repair and maintenance personnel, and supervisors, possessing specialized knowledge essential to the seller's contractual obligation, performing services or training workers to perform services, pursuant to a warranty or other service contract incidental to the sale of commercial or industrial equipment or machinery, including computer software, purchased from an enterprise located outside the United States, during the life of the warranty or service agreement. (For the purposes of this provision, the commercial or industrial equipment or machinery, including computer software, must have been manufactured outside the United States.)

and see: http://www.state.gov/documents/organization/87206.pdf look to the acceptability or prohibition of the activities that would be the purpose of your visit for business.
 
Thanks BigJoe5.

1. The new place Im joining is one of the 'Big 4' with offices in more than 100 countries. It is different from my current place which is effectively an Indian company with a Chicago office and has a client-vendor relationship with the American companies where people go to work.
It has not come to the new company placing me in an American office, but its likely to happen, based on the normal career growth track Im observing there. Im assuming that you mean that I need to be working here for more than a year before an 'employer-employee' contract is established. Im just curious about the difficulties i would face in getting an L1 if it comes to that, based on this incident.

2. I have a masters degree from a top school in the US. Is there a separate quota for H1s for US masters? I am not seeking a H1 or any other visa to work this year anyway.

3. I was told that even in the new company, people often travel to different offices of the same company (on a B1 visa for the US) but its strictly for "requirement gathering" or "training" for durations less than 2-3 weeks (unlike my current place which looks like is practically abusing the B1 visa - sending people for 2-3 months). However, my theory is that should such an assignment come my way, I should refuse it because:
a. B1 visa, though theoretically/legally possible for me to apply for, is practically impossible for me to get now (I had already informed the HR that my B1 visa was cancelled during recruitment - and it was not an issue).
b. Activities like "requirement gathering" or "traning" are unlawful activities for B1 visa holders and I should just refuse it or insist on a work visa for any assignments of this nature.

Am I thinking right? Look forward to your response. Thanks.
 
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