Should You Apply Again if Your B1/B2 Application is Refused
I am an independent freelance software developer, working out of an office in Goa, India. I have been freelancing full time for a software company (lets say 'X') based in California with an IT team based in Seattle, Washington for the past 4+ years. I have hired another freelancer and mange him for this company. Even my office in Goa is actually been paid for my this company.
This company X has annual company retreats, where all the people associated with it come together for a week and spend time together, this year I was invited to join the retreat to be held in September 2017 in Idaho California. I applied for a B1/B2 Visa and my interview was last week. this is how my interview went:
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VO: What is the purpose of your visit?
Me: My client has invited me to the company retreat and a series of meetings with the IT teams.
VO: So you are going to Washington..?
Me: Yes, the IT team is based in Tacoma.
VO: Have you traveled Internationally before?
Me: No I have not.
VO: Are you a software Engineer?
Me: yes.
VO: Sorry, I cannot issue a visa this time. (handed me a 214(b)).
Me: Can I apply again?
VO: yes sure you can.
Me: Ok, thank you.
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This is a little about myself:
- I am 26 years old, unmarried, from Goa, India.
- Living with my Mother and sister
- Monthly income about 2lakhs INR
- I am an inventor on a patent for this company, another application is in process
Honestly have no intent to migrate or work illegally was just visiting to meet the people I have been associated with for 4 years.
Any ideas what went wrong or could have been better? should I apply again or is it just a waste of time?
Re: B1/B2 Refused, Should I Apply Again
Why did you apply for a B1/B2 visa? That kind of visa tends to get issued to people who are going to be staying and developing a business in the US. I would have thought that a visitor's visa would have been sufficient for a retreat and some meetings.
Re: B1/B2 Refused, Should I Apply Again
A B1 visa is a "visitor for business" visa. A B2 visa is a "visitor for pleasure" visa. They are often granted simultaneously, hence "B1/B2". Residents of India must obtain a visa to enter the U.S., so other options such as the Visa Waiver Program are not available for entry as a tourist.
For the retreat, is the employer paying anything above and beyond travel costs and housing/meals?
Re: B1/B2 Refused, Should I Apply Again
No, he wont be paying anything, he will be responsible for my travel, accommodation, food, etc. he has mentioned that in the letter of invitation he sent me
Re: B1/B2 Refused, Should I Apply Again
I think you have a colorable case for doing the retreat on a B1/B2 visa, but given that you have been denied the visa for this very trip I suggest consulting an immigration lawyer before applying again, so that you can get a better impression of what the problem is (based upon the full facts) and discuss possible paths to approval or other options.
It is also possible that the concern was that you lack sufficient ties to India for the immigration officer to be reasonably comfortable that you will return home at the end of your authorized stay.