Friend worked outside of his field while on OPT

[fcrvenkovic 0]

Hi,

I'm posting this on behalf of a friend who is a Serbian national, studied in the US on an F-1 visa and then worked with an OPT visa. Problem is, he worked as a bartender for 2 months while on OPT, and it's possible that this was flagged somehow. Obviously, OPT is intended for use only in the field you studied but I have zero doubt he was just looking for a way to support himself, and not do something illegal.

He now lives and works in Mexico, and has been there for 6 years. He wanted to come to the US for some work training but got denied a visa (not sure which visa he applied for, but even if it was just a tourist visa he still got denied).

Now, my question is - what can he do to get that flag removed? Whom does he speak to?

He's sort of hopeless and has never dealt with this situation before so that's why I'm trying to help him out anyway I can.

He has no intention on coming to the US to work and live, he wants to solely be able to visit the US (including me who lives here).

If there is any more information you need, please let me know and I will reply. Any help or advice is much appreciated!

[Hypnos 6,578]

For what reason was he denied a visa?

[jan22 3,056]

If there is, in fact, a flag on him because of this, there is no way to get it removed -- he did what he did. One of the things a visa officer considers is the likelihood that the person applying will do something that is against the laws or regulations of the type of visa for which he is applying. Sorry -- your friend did that.

There is also the question of 214b -- you don't say what his status is in Mexico. But, it's pretty clear that he has been out of his home country for at least 8-10 years (since he's been in Mexico 6 and likely at least 2-4 years in the U.S. on the student visa). Unless he has permanent residency in Mexico, how can he show strong ties that will compel his return? Or, if his status is about to expire in Mexico -- no ties. Or any number of other reasons, the visa officer could question his motives/intentions. If there are questions, there's no visa.

Or, it is possible that the "training" that he was wanting to come to the U.S. for did not qualify as training -- some companies try to pass off something as training when they want to send a worker in to the U.S. to work for a short time.

Bottom line, we really don't know why he was denied, so a complete explanation will not be possible. The one thing that is clear is that there is no way to erase what he's already done if there's a record of it. There is nobody he can talk to that will change his past actions.

[RhettVoe 282]

Having already worked without permission in the US, why would a CO believe him (or you, for that matter) this time?

[aaron2020 11,651]

There is no way to help your friend because there is no way to erase his violations of US immigration law.

Your statement that he was only trying to support himself and not do anything illegal rings hallow. He supported himself by working illegally in violation of the terms of his stay. He did choose to work illegally in the US and now he is paying the price for doing that.

[Boiler 45,898]

Mexico has some pretty stringent immigration laws, amusingly.

Wonder what his status is there?

[fcrvenkovic 0]

I appreciate everyone's responses. I confirmed that he was applying for a tourist visa.

Also, I found out some more details based on your questions.

For what reason was he denied a visa?

He was denied a tourist visa because he worked as a bartender for 2 months while on OPT.

If there is, in fact, a flag on him because of this, there is no way to get it removed -- he did what he did. One of the things a visa officer considers is the likelihood that the person applying will do something that is against the laws or regulations of the type of visa for which he is applying. Sorry -- your friend did that.

There is also the question of 214b -- you don't say what his status is in Mexico. But, it's pretty clear that he has been out of his home country for at least 8-10 years (since he's been in Mexico 6 and likely at least 2-4 years in the U.S. on the student visa). Unless he has permanent residency in Mexico, how can he show strong ties that will compel his return? Or, if his status is about to expire in Mexico -- no ties. Or any number of other reasons, the visa officer could question his motives/intentions. If there are questions, there's no visa.

Or, it is possible that the "training" that he was wanting to come to the U.S. for did not qualify as training -- some companies try to pass off something as training when they want to send a worker in to the U.S. to work for a short time.

Bottom line, we really don't know why he was denied, so a complete explanation will not be possible. The one thing that is clear is that there is no way to erase what he's already done if there's a record of it. There is nobody he can talk to that will change his past actions.

His status in Mexico is the equivalent of having an H1B in the US, he can live and work there for 5 years (that's the duration of their work visa, I believe). He recently got it renewed for a 2nd time, so it's not expiring any time soon.

Interestingly enough - despite them knowing he worked as a bartender on OPT, they told him at the US Embassy that he just has to show that he has ties to Mexico, and that he'll be granted a tourist visa.

Having already worked without permission in the US, why would a CO believe him (or you, for that matter) this time?

A very valid question. Despite me knowing that he didn't have any illicit intentions, in the eyes of the law, it wasn't allowed.

I do have a hypothetical question, though. Let's say a company in the US wants to hire him (he has a technical background), are his chances of getting an H1B completely gone?

There is no way to help your friend because there is no way to erase his violations of US immigration law.

Your statement that he was only trying to support himself and not do anything illegal rings hallow. He supported himself by working illegally in violation of the terms of his stay. He did choose to work illegally in the US and now he is paying the price for doing that.

I understand that.

Mexico has some pretty stringent immigration laws, amusingly.

Wonder what his status is there?

His status is the Mexican equivalent of having an H1B in the US. He can live and work there for 5 years, I believe.

[JayJayH 546]

I appreciate everyone's responses. I confirmed that he was applying for a tourist visa.

Also, I found out some more details based on your questions.

He was denied a tourist visa because he worked as a bartender for 2 months while on OPT.

His status in Mexico is the equivalent of having an H1B in the US, he can live and work there for 5 years (that's the duration of their work visa, I believe). He recently got it renewed for a 2nd time, so it's not expiring any time soon.

Interestingly enough - despite them knowing he worked as a bartender on OPT, they told him at the US Embassy that he just has to show that he has ties to Mexico, and that he'll be granted a tourist visa.

A very valid question. Despite me knowing that he didn't have any illicit intentions, in the eyes of the law, it wasn't allowed.

I do have a hypothetical question, though. Let's say a company in the US wants to hire him (he has a technical background), are his chances of getting an H1B completely gone?

I understand that.

His status is the Mexican equivalent of having an H1B in the US. He can live and work there for 5 years, I believe.

Any ban triggered by working illegally on his student visa would have been for 5 years. Seems like that ban is over, since he has been in Mexico for 6 years.

If that's the case, he was not denied because he worked illegally, but rather, because he failed to show evidence that he wouldn't do it again. Hence, he is eligible for a tourist visa - So long as he shows sufficient ties to Mexico.

Edited April 28, 2014 by Yang-Ja

[RhettVoe 282]

and if he convinces the CO that he won't be tending bars while visiting the US.

[Boiler 45,898]

What ties doe he have, wife, children, house etc?

[fcrvenkovic 0]

Any ban triggered by working illegally on his student visa would have been for 5 years. Seems like that ban is over, since he has been in Mexico for 6 years.

If that's the case, he was not denied because he worked illegally, but rather, because he failed to show evidence that he wouldn't do it again. Hence, he is eligible for a tourist visa - So long as he shows sufficient ties to Mexico.

Ok, this is encouraging, thank you for the information!

and if he convinces the CO that he won't be tending bars while visiting the US.

He has a full-time job in Mexico that pays pretty well, so I'm sure he won't be repeating that mistake!

What ties doe he have, wife, children, house etc?

Not sure, but he's been there long enough that he surely has enough proof.

[RhettVoe 282]

While he may have a job, the CO still has to be convinced that he won't be tempted to work again, just to 'cover his expenses'....

[JayJayH 546]

Ok, this is encouraging, thank you for the information!

He has a full-time job in Mexico that pays pretty well, so I'm sure he won't be repeating that mistake!

Not sure, but he's been there long enough that he surely has enough proof.

He has eaited out his ban, he has a stable income in Mexico, and I presume his Mexican work permit isn't about to expire any time soon? Does he own a house? Car? Any property in Mexico?

I don't think a tourist visa is too far fetched. They'll just be a bit concerned since he has violated a visa before.

[adinutzyc21 2]

Don't quote me on this, but I was told that they do not check whether or not you worked inside your field while on OPT. It's up to you to decide what is relevant or not for your field. On the other hand, this case might have just been blatantly obvious.

[Pickle 65]

Don't quote me on this, but I was told that they do not check whether or not you worked inside your field while on OPT. It's up to you to decide what is relevant or not for your field. On the other hand, this case might have just been blatantly obvious.

You're right, they do not "check up" on what students are doing on their OPT. The only time that would be investigated is when someone applies for an H1B visa after their OPT period is over. At that time USCIS becomes pretty strict (from what I've read) on what a person did on his/her OPT. Unless the OP's friend voluntarily provided his work experience during the interview...