Work visa after a previous visa denial

[MartinMangue 0]

About 10 months ago, I was denied a US. student visa for an unlawful overstay of 8 months when I was obtaining my BS. I wanted to go back for a MS. 

 

Now I have a job/sponsorship offer from a US employer, I would like to know my chances of being approved for a work visa. Any input is appreciated. 

[Boiler 45,794]

How long ago was the overstay?

[MartinMangue 0]

My program ended in May 2019, but I did not leave USA until February 2020. The consular did mention that I was banned entry for 3 years. 

[Boiler 45,794]

Is the US Employer aware you have a ban? Some work visa's can take a long time, which one are you looking at?

[arken 4,197]

There may be a chance of approval after Feb 2023.

[canadian_wife 1,826]

What type of visa is the company willing to sponsor you for?  Are they aware of the ban?

 

Good luck

[SusieQQQ 11,587]

A ban is a ban. If you had left before 6 months overstay you would not have a ban, unfortunately you crossed the line into 3 year ban territory. I stand corrected but I don’t know of any waiver from a ban for a work visa. In Feb 2023 the ban will be over and you can apply then. 

[SusieQQQ 11,587]

The 3-year Unlawful Presence Bar

If you are an alien and you are not a lawful permanent resident of the United States, you may be inadmissible for three years if:

• You accrued more than 180 days but less than one year of unlawful presence during a single stay in the United States on or after April 1, 1997; and
• You voluntarily departed the United States before DHS initiated either expedited removal proceedings under INA 235(b)(1) or removal proceedings before an immigration judge under INA 240.

This 3-year inadmissibility period starts when you depart or are removed from the United States. 

During this 3-year inadmissibility period, you are not eligible to:

• Receive an immigrant (permanent) visa or a nonimmigrant (temporary) visa to come to the United States;
• Adjust your status in the United States to that of a lawful permanent resident (Green Card holder); or
• Be admitted to the United States at a port of entry.

[MartinMangue 0]

15 hours ago, Boiler said:

Is the US Employer aware you have a ban? Some work visa's can take a long time, which one are you looking at?

I have not look into that in detail. But yes, the US. Employer is well aware of the ban. I interned with them when I was student. The company is interested in any Visa that would not require to leave the country every 3 months or something like that.

[MartinMangue 0]

15 hours ago, canadian_wife said:

What type of visa is the company willing to sponsor you for?  Are they aware of the ban?

 

Good luck

The employer is aware of the ban. Do you think the ban would prevent me from migrating to canada through the high skilled worker program?

[SusieQQQ 11,587]

54 minutes ago, MartinMangue said:

The company is interested in any Visa that would not require to leave the country every 3 months or something like that.

Huh? Sounds like you would be trying to use a non-work visa to work, why else would you need to leave every 3 months? To be honest it sounds like you have not learnt the lesson of how the US deals with visa violators. Anyway as you will have seen from the USCIS extract I posted above, the ban prevents any kind of visa or even being allowed into the country. 
 

 

Edited July 18, 2021 by SusieQQQ

[Boiler 45,794]

2 hours ago, MartinMangue said:

I have not look into that in detail. But yes, the US. Employer is well aware of the ban. I interned with them when I was student. The company is interested in any Visa that would not require to leave the country every 3 months or something like that.

There is no 3 month work visa.

[belinda63 3,041]

For a work visa your employer will need to apply. 

[MartinMangue 0]

5 hours ago, SusieQQQ said:

Huh? Sounds like you would be trying to use a non-work visa to work, why else would you need to leave every 3 months? To be honest it sounds like you have not learnt the lesson of how the US deals with visa violators. Anyway as you will have seen from the USCIS extract I posted above, the ban prevents any kind of visa or even being allowed into the country. 
 

 

You are right I have not learn, thats why I am here to know how this works. I was in us for 5 years, and never went out of status. My only mistake was to over stay trying to find a job after graduation. 

 

Its not my intention to be leaving the US. Every 3 months, I just mentioned it because I know there is vistor and Business Visas that have such requirement. 

[Boiler 45,794]

Not so much leave the US, well as a visitor any long stays will be scrutinized if applying for another visit.

 

Plus they do not allow you to work, limited Business activities at best.

 

There is a non immigrant waiver for an overstay - D3, takes time and has to be recommended by the Consulate.