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 Business Visas for the United States 
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Joined: Mon Sep 13, 2010 1:47 pm
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Post Business Visas for the United States
Business Visas for the United States
by: Ben Hart





The following article discusses American business visas and similar travel documents used by foreign nationals to travel to the United States for business purposes.

Business travel to the United States can be a difficult endeavor for foreign nationals outside of the USA. This is due to the fact that officer of the American government tasked with adjudicating visa applications must scrutinize those applications in accordance with the provisions of the United States Immigration and Nationality Act as well as other relevant Federal law. Unfortunately, application of the law can sometimes result in an unfavorable finding for the individual seeking a US business visa. This forthcoming analysis is an examination of common reasons for refusal of a business visa to the USA.

An American B-1 visa is a non-immigrant visa. Thus, in order to be approved for a B-1 visa the applicant must overcome the statutory presumption of immigrant intent pursuant to section 214(b) of the American Immigration and Nationality Act. Section 214B requires a Consular Officer to deny a US visa application if they believe, based upon the facts, that the applicant will use the visa for undisclosed immigration. For example, this would occur if an individual applied for a business visa, obtained approval, traveled to the USA, and remained indefinitely. As the United States B1 visa is to be used strictly for non-immigrant purposes a Consular Officer must examine a US business visa application so as to be satisfied that the applicant will not use the visa with immigrant intent. This is where the "strong ties" vs. "weak ties" analysis comes to the foreground. Those seeking a non-immigrant visa such as a B-1 must show that they have "strong ties" to their home country, or another country outside of the United States, and "weak ties" to the US.

That said, there are other business and employment visa categories aside from the B1. For example, an L1 visa allows the bearer to have "dual intent". This implies that the visa holder may maintain a subjective intention to travel to the United States for temporary purposes, but also have an intention to immigrate to the USA as well. An H1 visa is also a dual intent travel document. Regardless of the fact that section 214(b) does not apply to some other business visa categories, a Consular Officer must still adjudicate the merits of a visa application in order to be certain that the applicant is not inadmissible to the United States. Further, Officers must also be vigilant in guarding against applicants committing fraud and misrepresentation as the Consular Officer may be tasked with making legal conclusions based upon facts.

About The Author
Benjamin W. Hart is an American lawyer, the Managing Director of Integrity Legal (Thailand) Co. Ltd., and the International Director of White & Hart Ltd. Contact them at 1-877-231-7533, +66 (0)2-266-3698, +44 203-002-3837, or info@integrity-legal.com. See them on the web at: http://www.uscompanyregistration.com/us ... s-visa.php or http://integrity-legal.com/legal-blog/u ... mpany-llc/
The author invites you to visit:
http://www.integrity-legal.com



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Wed Oct 20, 2010 9:01 am
 [ 1 post ] 

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