Was my visa refused?

[Boiler 45,931]

Just now, Randyandyuni said:

No as you are not allowed to work without legal authorization, that is a US law to do otherwise is illegal working

Most Countries have similar laws. to what extent they are enforced is another issue.

[SusieQQQ 11,587]

35 minutes ago, Robbie said:

Can you tell me what is the sense in that though? Working illegally is only harmful, because you abuse the tax system, right? But if you work remotely, you pay taxes at your own place. It is just pure tourism that is mixed with your own work for you clients. Why would the government care that I'm doing my work when I'm on vacation? Do I take a work from somebody else?

We can philosophize and debate the minutiae all we want, but the current situation is that it’s illegal, which very simply means if you want to abide by US law, you can’t do it.  

[Paul & Mallory 1,398]

16 minutes ago, Roel said:

Working illegally is harmful because you're taking the job away from US citizen and legal residents of USA.

 

People who are in the US illegally actually often also pay taxes.

 

I don't know the exact number, but if you're in the US long enough during a year - you also become "resident for tax purpose".

 

Let's say that during your freelancing in the US you'd be doing work for US clients - that's already considered illegal work.

 

But like I said - it's not as much about work, but the fact that you have no reason to return to your country after the visit to the US.

 

This is the point I think is being missed. It is the visa applicant's burden to prove to an officer that they do not intend on overstaying their visa, and do intend on returning to their original country. A big indicator of this, for most people, involves what they do for a living. If they have a job in their original country that expects them back after so many days, for example. Officers will look at these factors and assess the situation as a whole. Whether or not they "understand" what remote work is or not, if the facts add up to more red flags than none, then the visa will be refused.

 

OP - you keep arguing that people here seem to not understand what remote work is. I myself work remotely in one of my two jobs, so I like to think I have a pretty good grasp on it, with no shades of gray. This is what people are trying to tell you - when you work remotely, that means you can work your job from any location. When you can work a job from any location, that could potentially include the US. When you can work your job from the US, this could appear, to a reviewing CO, as a risk of overstay. Because what is keeping you from returning by any certain date if your job allows you to work from anywhere? This is also besides the point and potential factor of illegal work concerns. As others have said - if you work your remote job from the US, is it considered working illegally in the US. I'm sure these same thoughts cross the minds of the people reviewing these applications.

[EM_Vandaveer 2,408]

1 hour ago, Robbie said:

 

Edited August 23, 2018 by EM_Vandaveer

[WeGuyGal 1,052]

41 minutes ago, Robbie said:

Can you tell me what is the sense in that though? Working illegally is only harmful, because you abuse the tax system, right? But if you work remotely, you pay taxes at your own place. It is just pure tourism that is mixed with your own work for you clients. Why would the government care that I'm doing my work when I'm on vacation? Do I take a work from somebody else?

And breaking the law. 

[Unlockable 7,315]

1 hour ago, Mollie09 said:

It's not the rules that have to understand you, it's the other way around.

 

1 hour ago, cdneh said:

You have.  It's called a denial.

There are some good gems in this thread.

 

OP,

 

By the response you have posted and questions like "But why would I need to return to my home country?" and  "Can't I just move to another country?", it seems you may have a bit of First-World entitlement. This is when people from developed countries feel that they can up and move anywhere in the world without due process. Possibly due to naivety or the ease of being able to travel to other countries. Or a combination of both.

 

Regardless, you are learning the complexities of immigration and also why immigration is such a difficult issue for many countries. 

[stacyt 209]

2 hours ago, Ben&Zian said:

 

While it is the EU... the visa you apply for is for the US. Generally speaking the "rules" of the EU don't really apply to how the US handles things. 

 

Other than that, perhaps again because you're traveling, they don't feel you're very settled and seem perhaps to be a risk in violating the terms of the B2 not just with "remote" work but just not returning.

 

Your best bet is to get back to your home country and apply from there for the B2.

I'm pretty sure this is it. When I applied for a tourist visa back in 2016, I was still in my last year of university and was also working with my uni major which is the Chinese language. I thought it was pretty clear I didn't need to violate my visa in the US cuz my major was Chinese and I already had a good job. However I spent a year in China on my own going to a university before and I'm pretty sure they treated it as "insufficient ties to my home country" - easily adjusting to new cultures, people, languages. So being a remote worker or a frequent traveler is not always looking good for the US consulate

[Boiler 45,931]

Poland is not a VWP country, most EU members are.

[Loren Y 2,756]

As soon as you answered the question how much is the company paying you? The Visa was refused. You cannot work on a B1/2 tourist visa. That's the big problem I see.

[Daniela M_______ 410]

29 minutes ago, NuestraUnion said:

Can't I just move to another country?

I'm currently on process for K1 visa, this is my second immigration process, it's funny how people think that every other country in the world has to admit you even just as a tourist...

[CheeseMonstah 87]

2 hours ago, Robbie said:

Welcome to the XXI century.

Thanks. Unfortunately it doesn't look like we'll be welcoming you in the US anytime soon, given the fact that you don't seem to accept the conditions/assumptions of getting a tourist visa.

[ineedadisplayname 502]

4 hours ago, Robbie said:

Thanks guys for giving me some perspective to how they see it.

 

However, remote IT work is a gray area only for people who don't know how it works. It's 100% legal and done by millions of people globally. Freelancing is no longer perceived as anything exotic. I guess...

 

Since you were mentioning the EU so much and maybe your experience is limited to EU countries.... If i am not mistaken as an citizen of a EU country, you're entitled to work for an employer or as a self-employed person in any EU country without needing a work permit...

 

I imagine other digital nomads usually travel to different countries than where their employer physically is and pay their own airfare/accommodation etc and they just go to a country as a tourist and not to see their employer.... It is a different question if they work remotely why they are just tourists.....

 

The B1/B2 is a plain simple tourist visa, nothing more....

Sure you can get a B1 and come see your employer, but you really need to know what to say at the interview and most likely employed by a company in your country..... Plus probably the ties to your country seemed weak to the CO since you can work from anywhere and nothing is forcing you to leave the USA even so probably you are not paid as much as an American.

 

 

[EM_Vandaveer 2,408]

3 hours ago, Boiler said:

Poland is not a VWP country, most EU members are.

It may become one in September this year, I believe. Too late for OP.

[Roel 7,193]

Just now, EM_Vandaveer said:

It may become one in September this year, I believe. Too late for OP.

Yeo. With b2 denied on his record he won't be eligible for Vwp.  😛

[Robbiee 7]

I reached my post limit

 

Serious question: why are you guys so rude? Are you like that for everyone here or just for me? Refused visa is really a problem, I wasted a lot of time and money and possibly an opportunity to meet the people I was about to meet. Is that so funny? You upvote heavily the posts that are insulting too, congratulations. And people going for the same purpose to meet the same people all got visas in their domestic embasies. Call the reason I tried in French embassy a problem, but not the entire visa type + remote work thing.

 

You call me "entitled", yet almost all of you behave like you feel as such. You got your visas and now feel like everyone applying for one are trash.

 

You try to convince me that what I'm trying to do is so stupid, yet millions and millions of people every year get visa that way and yes, the counsellors know that people are working remotely.

 

Also, almost entire EU is in Waiver. If Poland was, I would never apply for visa, just go as a tourist. Are these countries "entitled" and worth insulting too? Because they are spoilt to think that you must be entitled to go somewhere as a tourist?

 

You guys are really not nice.

Edited August 23, 2018 by Robbiee