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Accepted to a well-known accelerator in Fall, but B1 visa to the US denied

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Re: Accepted to a well-known accelerator in Fall, but B1 visa to the US denied

#11
Gotta love our Visa system.

Oh, you play videogames professionally? Have a Visa!

Oh, you are starting a business? Our economy's bad, but we like it that way. Starting a business might change that. Why don't you learn to play League of Legends or become a fashion model and then try again?

Re: Accepted to a well-known accelerator in Fall, but B1 visa to the US denied

#12
post #8
post #7

Earlier quoted context omitted.

Interesting. So if you decide to immigrate with B1, you have to do so illegally, right? And in this case your only option is blue collar jobs. But someone with enough knowledge and skills who is able to get into some accelerator program obviously won't go for these kind of jobs... But in case if it is possible to legally immigrate with B1, then what's the problem?

If you decide to immigrate with a B1, you generally have to return home first and apply for an immigrant visa, unless you fall into a category whereby you can immediately file for an Adjustment of Status (which is almost certain to cause red flags to go up at USCIS). There are certain visa classes that are considered "dual-intent"[1], meaning that you can have the intent to immigrate while obtaining a formally non-im…

I was asking about the concern of immigration officer - why should they have this presumption if you're, say, an experienced software engineer or similarly high skilled educated professional. Nobody with these skillset are going to stay somewhere illegally and work [without permit] in "dirty"/heavy job space.

Re: Accepted to a well-known accelerator in Fall, but B1 visa to the US denied

#13
post #12
post #8

Earlier quoted context omitted.

If you decide to immigrate with a B1, you generally have to return home first and apply for an immigrant visa, unless you fall into a category whereby you can immediately file for an Adjustment of Status (which is almost certain to cause red flags to go up at USCIS). There are certain visa classes that are considered "dual-intent"[1], meaning that you can have the intent to immigrate while obtaining a formally non-im…

I was asking about the concern of immigration officer - why should they have this presumption if you're, say, an experienced software engineer or similarly high skilled educated professional. Nobody with these skillset are going to stay somewhere illegally and work [without permit] in "dirty"/heavy job space.

A software engineer could trivially illegally migrate to the US and then make money via their trade (e.g. freelance development work, app sales, pretty much anything online, telecommuting abroad).

You're right in the sense that it would be hard to get a normal 9-5 job without a visa/SSN but you're dismissing a huge number of alternative routes to income which wouldn't even depend on the person's physically being in the US (e.g. open a Google Developer account as if you were still in your home country, pay taxes there, but do it all from the US).

Plus your assumption that developers are "above" working in blue collar jobs is flawed. There are tons of fully certified Indian doctors working blue collar jobs abroad right now, developers are no better.

Re: Accepted to a well-known accelerator in Fall, but B1 visa to the US denied

#14
post #12

Earlier quoted context omitted.

I was asking about the concern of immigration officer - why should they have this presumption if you're, say, an experienced software engineer or similarly high skilled educated professional. Nobody with these skillset are going to stay somewhere illegally and work [without permit] in "dirty"/heavy job space.

A software engineer could trivially illegally migrate to the US and then make money via their trade (e.g. freelance development work, app sales, pretty much anything online, telecommuting abroad). You're right in the sense that it would be hard to get a normal 9-5 job without a visa/SSN but you're dismissing a huge number of alternative routes to income which wouldn't even depend on the person's physically being in t…

OK, refusing a visa because of your last sentences makes sense - i.e. to prevent you from "stealing" blue collar jobs from US citizens.

But in your first sentences, you describe quite self-sufficient/sustained person - who "steals" nothing from US people. He/she even contributes to US economy by living there - paying rent, eating food, etc... plus not using US social system. So why such person is not welcome then?

Re: Accepted to a well-known accelerator in Fall, but B1 visa to the US denied

#15
post #4

What country are you from? Is the visa waiver program available to you?

Even if your country is a participant in the VWP program, once you got denied a visa you're no longer eligible for entry under the VWP

This is not true.

Re: Accepted to a well-known accelerator in Fall, but B1 visa to the US denied

#16
post #14

Earlier quoted context omitted.

A software engineer could trivially illegally migrate to the US and then make money via their trade (e.g. freelance development work, app sales, pretty much anything online, telecommuting abroad). You're right in the sense that it would be hard to get a normal 9-5 job without a visa/SSN but you're dismissing a huge number of alternative routes to income which wouldn't even depend on the person's physically being in t…

OK, refusing a visa because of your last sentences makes sense - i.e. to prevent you from "stealing" blue collar jobs from US citizens. But in your first sentences, you describe quite self-sufficient/sustained person - who "steals" nothing from US people. He/she even contributes to US economy by living there - paying rent, eating food, etc... plus not using US social system. So why such person is not welcome then?

I wasn't responding in order to clarify "why" the visa system is the way it is. I was simply pointing out that your assumption that "no developer would ever illegally migrate because they couldn't get a job once in the destination country" argument is flawed.

The way the current US visa system is structured self-sustainability isn't really their primary motivator, the primary motivator seems closer to "just keep everyone out UNLESS they provide enough value to US society as a whole" (e.g. people with high sought after skills or qualifications).

Re: Accepted to a well-known accelerator in Fall, but B1 visa to the US denied

#17
Attending an accelerator on B1 visa is always a dicey proposition. On B1, you are not allowed to gainfully employed, i.e. you cannot run a company but you can conduct activities like,

a) attending meetings, b) Solicit sales or investment c) Make investments or purchases d) Interview or hire staff, etc etc.

As you can see the line is very thin between whats allowed and whats not.

Re: Accepted to a well-known accelerator in Fall, but B1 visa to the US denied

#18
post #15

Earlier quoted context omitted.

Even if your country is a participant in the VWP program, once you got denied a visa you're no longer eligible for entry under the VWP

This is not true.

Please don't provide advice on things you're not sure of such as the VWP. http://travel.state.gov/content/visas/english/visit/visa-wai... look under "Previous Compliance and No Prior Visa Ineligibilities"

Re: Accepted to a well-known accelerator in Fall, but B1 visa to the US denied

#19
post #15

Earlier quoted context omitted.

This is not true.

Please don't provide advice on things you're not sure of such as the VWP. http://travel.state.gov/content/visas/english/visit/visa-wai... look under "Previous Compliance and No Prior Visa Ineligibilities"

Please don't assume I'm unsure of it, I am speaking from my own experience as a foreign founder who travelled to the U.S last year, including 3 separate entries at 3 different airports under the Visa waiver program after a B1/B2 refusal.

I also helped bring in the rest of my team under B1 and E3 visas, including one team member who was at one point flagged by CBP and had to re-enter under the B1 rather than the VWP.

Re: Accepted to a well-known accelerator in Fall, but B1 visa to the US denied

#20
post #19

Earlier quoted context omitted.

Please don't provide advice on things you're not sure of such as the VWP. http://travel.state.gov/content/visas/english/visit/visa-wai... look under "Previous Compliance and No Prior Visa Ineligibilities"

Please don't assume I'm unsure of it, I am speaking from my own experience as a foreign founder who travelled to the U.S last year, including 3 separate entries at 3 different airports under the Visa waiver program after a B1/B2 refusal. I also helped bring in the rest of my team under B1 and E3 visas, including one team member who was at one point flagged by CBP and had to re-enter under the B1 rather than the VWP.

How did you bring in team members to work in the country on a B1 visa? That is expressly forbidden.
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