B1 VISA second attempt queries

ardentaj

New Member
got my B1 VISA rejected Last month under section 214(b).So I will be applying for it again next month.So I need few clarifications for queries below.

Will my last appointment rejection details will have any negative influence when I go for next time.

Also since my company is being acquired by new company there will be change in the name of the sponsoring company from previous to next application,so will it cause any problem for VISA and also what all documents I need to carry to justify this.

Actually none of the documents were verified ,just that the counselor didn't get convinced about only the explanation which I provided about the purpose of trip(might be not summarized properly).

Also the project is so critical that i need to visit US for requirement gathering and come back for implementation.
 
To establish the nature of your business trip, any contracts that show the requirements for someone from your company in your position is needed to gather required data/information/specifications etc.. at the client site in the U.S. (business meetings) would help your case. The documentation for follow-up installation and perhaps your company providing training on the newly installed equipment or software (after sales services) will be needed at some point at least to CBP if not to DOS before being issued a B-1 visa.

The solvency of the foreign (home country) employer and nature of the overall business also play a role.

Is your foreign company large or small?

What product are you going to sell (create) and then return to provide after sale service, installation or training for?

22 CFR § 41.31 Temporary visitors for business or pleasure.

(b) Definitions. (1) The term “business,” as used in INA 101(a)(15)(B), refers to conventions, conferences, consultations and other legitimate activities of a commercial or professional nature. It does not include local employment or labor for hire. For the purposes of this section building or construction work, whether on-site or in plant, shall be deemed to constitute purely local employment or labor for hire; provided that the supervision or training of others engaged in building or construction work (but not the actual performance of any such building or construction work) shall not be deemed to constitute purely local employment or labor for hire if the alien is otherwise qualified as a B–1 nonimmigrant. An alien seeking to enter as a nonimmigrant for employment or labor pursuant to a contract or other prearrangement is required to qualify under the provisions of §41.53. An alien of distinguished merit and ability seeking to enter the United States temporarily with the idea of performing temporary services of an exceptional nature requiring such merit and ability, but having no contract or other prearranged employment, may be classified as a nonimmigrant temporary visitor for business.

22 CFR § 41.105 Supporting documents and fingerprinting.

(a) Supporting documents —(1) Authority to require documents. The consular officer is authorized to require documents considered necessary to establish the alien's eligibility to receive a nonimmigrant visa. All documents and other evidence presented by the alien, including briefs submitted by attorneys or other representatives, shall be considered by the consular officer.

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Here is a good link: http://mikinlaw.com/b1.html [below is from another site.]
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Generally, the after sales service provisions allow workers to enter the US to provide after-sales service work pursuant to a contract or warranty for goods manufactured outside of the US. After Sales Service Workers are often called to the US to install software or equipment for goods purchased outside of the US. In order to qualify for this visa, you should have a copy of the sales agreement or contract that has the after sales service provision as part of the contract or an addendum to it. Obviously your credentials as an installer technician and proof of Canadian identity should be included.

Typically after sales service workers enter the US for short periods to do their work and then return. Multiple visits to the US may be required so it is important to carry with you all this documentation each time you travel to the US.
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MUST SEE: http://travel.state.gov/pdf/BusinessVisa.pdf

http://www.state.gov/documents/organization/87206.pdf [see 9 FAM 41.31 N8 and 9 FAM 41.31 N9 at the very least]

Good Luck,
 
Unless there have been drastic changes to your circumstances, your re-application result will most likely be the same at the first attempt.

Will my last appointment rejection details will have any negative influence when I go for next time.
 
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