According to Jan Pederson, consulate liaison committee chairperson for the American Immigration Lawyers Association, a number of AILA attorneys have reported a disturbing increase in the number of H-1B and L-1 visa denials for computer consultants who consular officers “perceive to have jumped the gun” by entering the United States in B-1 status under the Visa Waiver Pilot Program before applying for an H-1B or L-1 visa. Most of the denials are reported at the London consulate and involve cases where employers send consultants to the US on brief assignments in the B-1 category. After getting to the US, a change of status application is submitted and the applicant then applies for a visa stamp on the next trip home.
Pederson advises attorneys and employers to be very cautious about sending persons to the US in B-1 status if an H-1B visa is contemplated. In order to avoid accusations of fraud and potentially severe expedited removal penalties, B-1 visa holders should be prepared to present a letter to the border officer at the port of entry fully disclosing the intended activities in the US. But the best approach is to avoid the B-1 altogether and wait for the H-1B or L-1 visa to be issued.
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