| The forthcoming piece examines US business visas | | | | strictly for non-immigrant purposes a Consular Officer |
| utilized by foreigners traveling to the United States of | | | | must examine a US business visa application so as to |
| America for business reasons. | | | | be satisfied that the applicant will not use the visa with |
| Business travel to the United States can be a difficult | | | | immigrant intent. This is where the "strong ties" vs. |
| endeavor for foreign nationals outside of the USA. | | | | "weak ties" analysis comes into play. Those parties |
| This is due to the fact that officer of the American | | | | seeking a non-immigrant travel document such as a |
| government tasked with adjudicating visa applications | | | | B-1 visa must show that they have "strong ties" to their |
| must scrutinize those applications in accordance with | | | | country of origin, or another country outside of the |
| the provisions of the United States Immigration and | | | | USA, and "weak ties" to America. |
| Nationality Act as well as other relevant Federal law. | | | | That said, there are other business and employment |
| Unfortunately for some, application of relevant law can | | | | visa categories aside from the B1. For instance, an L-1 |
| sometimes result in an adverse finding against the | | | | visa allows the visa holder to have "dual intent". This |
| individual seeking a United States business visa. This | | | | means that the visa holder can maintain a present |
| forthcoming analysis is an examination of common | | | | intention to travel to the USA for temporary purposes, |
| reasons for refusal of a business visa to the USA. | | | | but also have a, possibly long term, intention to |
| A US B1 visa is a non-immigrant visa. Thus, in order to | | | | immigrate as well. An US H-1 visa is a dual intent travel |
| be approved for a B-1 visa the applicant must | | | | document as well. Regardless of the fact that section |
| overcome the statutory presumption of immigrant | | | | 214(b) does not apply to some other business visa |
| intent pursuant to section 214(b) of the American | | | | categories, a Consular Officer must still adjudicate the |
| Immigration and Nationality Act. Section 214(b) requires | | | | merits of a visa application in order to be certain that |
| that a Consular Officer deny a visa application if they | | | | the applicant is not inadmissible to the United States. |
| believe that the applicant is using the visa for | | | | Furthermore, Officers must also be on the lookout for |
| undisclosed immigration. For example, this would occur | | | | fraud and misrepresentation in their adjudications as |
| if an individual applied for a business visa, obtained | | | | the Consular Officer, depending upon the type of |
| approval, traveled to the USA, and remained | | | | application, may be tasked with making some findings |
| indefinitely. As the United States B1 visa is to be used | | | | of fact. |