Visiting the US from Canada after being rejected work visa?

[SalishSea 18,609]

22 minutes ago, designguy said:

Do people even read the posts? lol

Cool, but the OP said:  Not sure if you are aware but if you enter the US from Canada by land you do not need to apply for an ESTA, you get a i94w, which I believe it just done there & then on the spot & isn't applied for in advance/online. But perhaps it would be better to apply for a B2 anyway.

 

I for one do not know his citizenship.

[designguy 1,179]

1 minute ago, Jorgedig said:

Cool, but the OP said:  Not sure if you are aware but if you enter the US from Canada by land you do not need to apply for an ESTA, you get a i94w, which I believe it just done there & then on the spot & isn't applied for in advance/online. But perhaps it would be better to apply for a B2 anyway.

 

I for one do not know his citizenship.

Right but in the first post OP stated  "I'm planning a trip to Vancouver ...  I will have a return flight booked from Canada and I will still be in full time employment in my home country ..." So its safe to assume they are not Canadian

[geowrian 22,344]

The eligibility for an ESTA or entry via the VWP is not terminated due to a refused visa. However, it will be a very strong consideration for entry (and any existing ESTA would need to be updated before using to to fly to the US).

Since the OP plans to enter by land, it will be up to CBP's discretion.

 

"Do you feel lucky, punk?"

 

Edit: Curiously, what work visa was refused under INA 214(b)? Most categories are not subject to 214(b) (with TN being a common one, but OP is not eligible for that).

Edited August 15, 2019 by geowrian

[designguy 1,179]

12 minutes ago, geowrian said:

Edit: Curiously, what work visa was refused under INA 214(b)? Most categories are not subject to 214(b) (with TN being a common one, but OP is not eligible for that).

214(b) also covers being  "unqualified" for the visa? So maybe OP wasnt qualified for what the job was going to be? Just guessing

[SusieQQQ 11,590]

1 hour ago, designguy said:

https://help.cbp.gov/app/answers/detail/a_id/1097/~/previously-denied-a-visa-or-immigration-benefit

so, risky

doesn't deal with forgoing esta because traveling by land border though

me, i'd apply for the esta just to actually know what was likely to happen 

 

Edited August 15, 2019 by SusieQQQ

[designguy 1,179]

59 minutes ago, SusieQQQ said:

so, risky

doesn't deal with forgoing esta because traveling by land border though

me, i'd apply for the esta just to actually know what was likely to happen 

 

I feel like most people probably don’t know this side effect of a visa rejection. I think your idea is probably good. Better to have the ESTA be denied and know rather that have an entry denial on your record 

[geowrian 22,344]

8 hours ago, designguy said:

214(b) also covers being  "unqualified" for the visa? So maybe OP wasnt qualified for what the job was going to be? Just guessing

INA 214(b): https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1184&num=0&edition=prelim

Quote

(b) Presumption of status; written waiver

Every alien (other than a nonimmigrant described in subparagraph or (V) of section 1101(a)(15) of this title, and other than a nonimmigrant described in any provision of section 1101(a)(15)(H)(i) of this title except subclause (b1) of such section) shall be presumed to be an immigrant until he establishes to the satisfaction of the consular officer, at the time of application for a visa, and the immigration officers, at the time of application for admission, that he is entitled to a nonimmigrant status under section 1101(a)(15) of this title. An alien who is an officer or employee of any foreign government or of any international organization entitled to enjoy privileges, exemptions, and immunities under the International Organizations Immunities Act [22 U.S.C. 288 et seq.], or an alien who is the attendant, servant, employee, or member of the immediate family of any such alien shall not be entitled to apply for or receive an immigrant visa, or to enter the United States as an immigrant unless he executes a written waiver in the same form and substance as is prescribed by section 1257(b) of this title.

 

Sounds like only immigrant intent to me. 🤷‍♂️

[designguy 1,179]

30 minutes ago, geowrian said:

INA 214(b): https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1184&num=0&edition=prelim

 

Sounds like only immigrant intent to me. 🤷‍♂️

Interesting. I was going off this

https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/visa-denials.html

 

[geowrian 22,344]

13 minutes ago, designguy said:

Interesting. I was going off this

https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/visa-denials.html

 

Ah. I believed that section is in there if one applies for the wrong type of visa (i.e. a B-2 visa to work).

Edit: Which could have been the case...if they applied for a work visa to do something not covered by that type of work visa.

Edited August 15, 2019 by geowrian

[SusieQQQ 11,590]

1 hour ago, geowrian said:

Ah. I believed that section is in there if one applies for the wrong type of visa (i.e. a B-2 visa to work).

Edit: Which could have been the case...if they applied for a work visa to do something not covered by that type of work visa.

OP was talking about a 6-month work visa, what even is that? H2B? Probably quite common to get 214b rejections for immigrant intent on those?

[geowrian 22,344]

Just now, SusieQQQ said:

OP was talking about a 6-month work visa, what even is that? H2B? Probably quite common to get 214b rejections for immigrant intent on those?

Good point. I was just curious as it's unusual.

[designguy 1,179]

6 minutes ago, SusieQQQ said:

OP was talking about a 6-month work visa, what even is that? H2B? Probably quite common to get 214b rejections for immigrant intent on those?

Maybe they are confusing a B1 with a work visa?

[SusieQQQ 11,590]

2 hours ago, designguy said:

Maybe they are confusing a B1 with a work visa?

Most people don't, especially when well travelled as OP seems to be, i would expect more likely H2B or a J or similar was meant, irrespective, a denial is a denial.

Edited August 15, 2019 by SusieQQQ

[randomstairs 334]

If the OP was denied a H1B or a similar dual intent visa then it shouldn't affect their B1/B2 or ESTA - depending on what the denial was for, of course. Certainly the OP should apply for ESTA and even if they get refused the entry, it's just a short ride back to Vancouver. 

[geowrian 22,344]

6 hours ago, randomstairs said:

If the OP was denied a H1B or a similar dual intent visa then it shouldn't affect their B1/B2 or ESTA - depending on what the denial was for, of course. Certainly the OP should apply for ESTA and even if they get refused the entry, it's just a short ride back to Vancouver. 

Yes, although the only way to be denied under 214b for an H1B or other dual intent visa would be if they just outright applied for the wrong visa (which is highly unlikely as there is a petition and coordination with the sponsoring company involved).