Visa application queries

[Bazinga_1 1]

Hello all,

I am a Canadian PR, settled in Ontario, Canada with a Pakistani passport and plan to visit the U.S.

Background;

1. I am incorporated (IT and Marketing) in Ontario and have a consultancy agreement with the U.S based company that I plan to visit.

2. I have been a consultant to this company for 1 year and 6 months when I was in Pakistan and continued to consult when I landed in Canada. Nearly 2 years now.

3. I incorporated myself last month and that is when my revised consultancy agreement with the company came into effect in Canada.

4. Since I am now geographically closer I would like to pay a short visit to this company. It would be great to connect with its employees, attend meetings, discuss projects and the like.

Queries;

1. Which visa category must I apply under?

2. Given that this company is my client, does this change the visa dynamics in any way? Is there anything that I should mention in the form?

3. Typically, given that I have my documents in order, how soon can I expect to hear back from the U.S Consulate with a decision? I ask because I am traveling out of city for 3 weeks and wondering if the interview date would conflict - can one chose an interview appointment period? I plan to finish the application within next week.

4. What documents would I need the company to provide to hep me with this application?

5. As I understand, the application process is; fill the form online > pay the fee > schedule an interview appointment > attend the interview > wait for decision - is this correct?

6. Is there anything else I need to be aware of?

Thanks for your time in reading and answering my queries!

Regards

[Bazinga_1 1]

Bumping the thread.

I have a follow up question. Is there a separate visa application form for business and tourism visits or is the DS 160 non immigrant form applicable to both? Does one specify the reason for visit in this form and in doing so select the type of visa? I'm just not sure if there is a separate or same form.

Thanks

[Bazinga_1 1]

The CEO of the company is also my uncle by blood and I will be staying at his residence during my stay.

Does this have the potential to complicate matters?

[Mwar 14]

I don't know about canada but in my country you get a decision for B1/B2 immediately. Check on your embassy's website.

B1/B2 is the same for business and tourism.

[Penguin_ie 5,996]

1. B1/B2

2. A letter from them, stating when and how many meetings about what will take place, may help. Be detailed; the fact that the boss is your uncle can have a negative effect, as the embassy may think they are just pretending to want you over there. But you must be honest about it, as if they find out later and you didn't tell them, that will reflect much worse on you.

3. It takes an average of about 6 weeks to get that interview. You will have an interview at the local US embassy, and are usually told the decision immediately.

4. Just a letter stating why they want you to come for the meeting. Getting the visa will be mostly about you proving you will leave at the end of your stay, ie ties to Canada.

[Bazinga_1 1]

Thanks for the information. The interview is scheduled for the last week of May.

I will prepare some documents to support my case;

1. Invitation from the company and that they are sponsoring my trip

2. Proof of my corporation and my contractual relationship with the company

3. My wife is a Canadian citizen and is employed here - proof of that

4. We have just leased an apartment - only her name is on the lease agreement but I am listed as an occupant - proof of that

5. Personal and corporate account statements to highlight transactions between the company and I

6. Proof of my family's permanent residency in Canada as they are moving here next year.

I hope this would be sufficient to indicate my return to Canada after the trip.

[Bazinga_1 1]

So here is the update.

I didn't get the business visa but they gave me a tourist visa. As per the officer, I was a 'qualified candidate' and had 'established myself' in Canada. But my purpose of visit as defined in the original post fell under the work permit class. Had there been a specific meeting or conference to attend, it would have been a B1/B2 visa case - even though I'm not an employee but a contracted consultant. The officer said the company can file for a work permit.

They didn't take a look at any of my supporting documents. They asked me about my family, how long I've been a PR, length of my marriage, my role in the company, how I came to know about this company (I mentioned my familial connection) and what I'm exactly going to be doing with the company if I visit.

So the officer concluded that given my purpose, it fell under a different visa category.

The officer asked if I would visit US in the future with my wife, and once I said yes, the officer said they'd issue me a temporary visa. Condition being that I cannot visit the office even for a couple of days.

I'm thankful I didn't get a rejected but I'm utterly confused as to what I should do next.

[TBoneTX 46,116]

Well, you weren't rejected.

Adhere assiduously to the terms of the visa that you were granted.

I hope that the VJ members jan22 and HFM181818 (both retired COs) will weigh in here.

[Penguin_ie 5,996]

That is a little odd.... they specifically told you NOT to visit an office?

What you might try is a couple of long weekend tourist visits, and then try for the B1/ B2 again.

[jan22 3,064]

So here is the update.

I didn't get the business visa but they gave me a tourist visa. As per the officer, I was a 'qualified candidate' and had 'established myself' in Canada. But my purpose of visit as defined in the original post fell under the work permit class. Had there been a specific meeting or conference to attend, it would have been a B1/B2 visa case - even though I'm not an employee but a contracted consultant. The officer said the company can file for a work permit.

They didn't take a look at any of my supporting documents. They asked me about my family, how long I've been a PR, length of my marriage, my role in the company, how I came to know about this company (I mentioned my familial connection) and what I'm exactly going to be doing with the company if I visit.

So the officer concluded that given my purpose, it fell under a different visa category.

The officer asked if I would visit US in the future with my wife, and once I said yes, the officer said they'd issue me a temporary visa. Condition being that I cannot visit the office even for a couple of days.

I'm thankful I didn't get a rejected but I'm utterly confused as to what I should do next.

I'm not exactly sure what you're confused about, but will try to provide some general background clarification.

It appears that the officer believed that you would, in fact, return to Canada after a visit and not stay in the US. Because of that, he issued you a B2 (visitor for pleasure, i.e., tourist) visa. He/She also determined that your business reason for going to the US was not in compliance with what you are allowed to do on a B1 (visitor for business) visa; he could not, therefore, issue you a B1. People usually talk about 214b of the INA in regards to the officer having to believe everyone intends to do and stay in the US until they prove otherwise. The other part of that section that rarely gets talked about is where it says the applicant must be "...entitled to a nonimmigrant status under 101(a)(15)." That section establishes the various visa categories (B, C, D, etc.) and the basic requirements for each. If the purpose of your trip does not meet the requirement of the visa category you are applying for the officer cannot authorize a visa.

As a contracted consultant, it is sometimes hard to come up with any type of meeting you would have at the US office that would not fall under "consulting", which means that you would be performing the work you were contracted and paid for while you were in the US. That is not allowable under the terms of a B1 visa. That is why the officer did not issue a B1 visa and said you would need to get some kind of work visa to do that in the US. Based on the limited information here, I'm not sure if there is any work visa category that matches what you want to do. Unfortunately, that happens sometimes.

Meanwhile, because the officer carefully adjudicated your case and determined that you did qualify for a B2 visa, you will be able to visit your family in the US or take a vacation there with your Canadian family. He/She could have applied 214(b) to your case without making the distinction between your qualifications/intent under B1 and B2 seperately, since you didn't qualify for the B1.

Bottom line, you can go on vacation trips to the US, but you can't visit the company for which you are a contracted consultant. Doing so would be a violation of your B2 visitor for pleasure status. Not sure what you mean about what you should do next. You can continue your consultancy arrangement and do the work in Canada and take pleasure trips to the US. Or, your uncle can consult with an immigration lawyer and determine if there is any work visa that would meet your/his need that you would qualify for and that he is willing to pay to sponsor.

Edited May 27, 2016 by jan22

[jan22 3,064]

I'm not exactly sure what you're confused about, but will try to provide some general background clarification.

It appears that the officer believed that you would, in fact, return to Canada after a visit and not stay in the US. Because of that, he issued you a B2 (visitor for pleasure, i.e., tourist) visa. He/She also determined that your business reason for going to the US was not in compliance with what you are allowed to do on a B1 (visitor for business) visa; he could not, therefore, issue you a B1. People usually talk about 214b of the INA in regards to the officer having to believe everyone intends to do and stay in the US until they prove otherwise. The other part of that section that rarely gets talked about is where it says the applicant must be "...entitled to a nonimmigrant status under 101(a)(15)." That section establishes the various visa categories (B, C, D, etc.) and the basic requirements for each. If the purpose of your trip does not meet the requirement of the visa category you are applying for the officer cannot authorize a visa.

As a contracted consultant, it is sometimes hard to come up with any type of meeting you would have at the US office that would not fall under "consulting", which means that you would be performing the work you were contracted and paid for while you were in the US. That is not allowable under the terms of a B1 visa. That is why the officer did not issue a B1 visa and said you would need to get some kind of work visa to do that in the US. Based on the limited information here, I'm not sure if there is any work visa category that matches what you want to do. Unfortunately, that happens sometimes.

Meanwhile, the officer interviewed you carefully (which is what the decision was based on -- he/she didn't need to look at your documents -- he asked you directly what you intended to do in the US) and carefully adjudicated your case. He/She determined that you did qualify for a B2 visa, so you will be able to visit your family in the US or take a vacation there with your Canadian family. He/She could have applied 214(b) to your case without making the distinction between your qualifications/intent under B1 and B2 seperately, since you didn't qualify for the B1.

Bottom line, you can go on vacation trips to the US, but you can't visit the company for which you are a contracted consultant. Doing so would be a violation of your B2 visitor for pleasure status. Not sure what you mean about what you should do next. You can continue your consultancy arrangement and do the work in Canada and take pleasure trips to the US. Or, your uncle can consult with an immigration lawyer and determine if there is any work visa that would meet your/his need that you would qualify for and that he is willing to pay to sponsor.

[Bazinga_1 1]

Hi all,

Apologies for the delay in responding - moved to a new place hence a challenging period.

I'd like to thank everyone for their feedback and comments during this process. I've received my passport with a 10 year multiple entry B2 visa.

@jan22 - I appreciate the detailed and informative response. That was some good info and understanding for me.

x---x---x

I was confused about how my visit purpose did not fall under a B1 visa category but after reading jan22's response I understood the protocol. Although I wonder which visa category I should apply for in order to fulfill my initial visit - which was to meet the team and participate in usual activities for a few days. A work permit for a few days does not make sense.

I do intend to visit the USA during the period I had planned since I have committed to the calendar. I have extended family and friends. But due to the visa decision, the dynamics of the visit change. The visa officer advised not to visit the company for business and work purposes and I intend to honor it.

So I am concerned about the do's and don'ts. It's quite disheartening that I cannot engage with colleagues that I've been working with for over 2 years. I am not going to earn or initiate a deal.

If anything I'd just like to visit the office to say hi! Would it be acceptable to connect with the team at a social level - say after work hours or for a lunch at the office?

I am not looking to challenge the system or find loopholes, I just want to make sure I stay within boundaries.

Thanks for reading.

[jan22 3,064]

Sorry -- but you are clearly looking for loopholes. You said the visa officer told you you could not visit the office -- yet you're looking for a way to do that (drop by to say "hi" or have lunch at the office). These people are work colleagues, not long-time or family friends. They are likely not people you would normally spend your vacation with, right? There is no way that even a lunch with them would not involve work-related conversations.

IMO, you should honor the faith that the visa officer put in you and use the B2 the way it was intended -- to visit friends (not work colleagues) and family, visit tourist destinations, etc., i.e., fun things with no business connection what-so-ever.

[Bazinga_1 1]

@jan22 - Thank you for your reply.

I respectfully disagree with your statement that I am clearly looking for loopholes. That was not and is not the purpose of my post. It was a query to seek clarity from others with more experience and understanding - which I have received. It was not a statement intending action.

As also stated earlier, I intend to honor the understanding with the visa officer.

Thanks

[Merrytooth 5,748]

@jan22 - Thank you for your reply.

I respectfully disagree with your statement that I am clearly looking for loopholes. That was not and is not the purpose of my post. It was a query to seek clarity from others with more experience and understanding - which I have received. It was not a statement intending action.

As also stated earlier, I intend to honor the understanding with the visa officer.

Thanks

In case you don't know.. Jan22 is an ex-Consular Officer.

So he knows his stuff and probably seen many cases like yours..