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Will these previous denials cause any problems for me? PDF Print E-mail
Written by Jose E. Latour   
Monday, 01 January 2007

I have applied for a visitor visa (B visa) before to come to the United States, and it was denied by the consulate. Now, I found a job offer in the United States and the company is applying for an H-1B visa for me. Will these previous denials cause any problems for me?

You should not have any problems with the H-1B visa based on your previous B visa denials.

The B visa can be denied based on "immigrant intent." If the consul suspects that you may intend to immigrate to the United States, it is at their discretion to deny the visitor visa. (A way to try to avoid this is to bring documentation demonstrating ties to your home country, such as family, bank accounts, property, etc.)

The H-1B visa is not subject to immigrant intent. As long as you and the job position meet the requirements for the H-1B visa, there should not be problems, and the previous denial of a B visitor visa should not affect the adjudication of an H-1B visa.

 
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