Proving ties to home country for B-2 visa application

[sam3612]

Hi everyone,

I'm wishing to travel to the US in March next year for a 6 month holiday on a B-2 tourist visa.

I am a 23 year old Australian. I cannot use the visa waiver program for two reasons: 1. I want to travel for more than 90 days and 2. I went to Iran for a holiday in February 2013.

I'm just wanting to give myself the best chance of getting the visa approved and wanted to ask you for advice on how to do this. From what I've read the biggest issues are having enough funds to support yourself, and having significant ties to your home country, ensuring you will return there.

I will have about $40,000USD saved up in my account when I apply for the visa so I'm hoping this shows I have sufficient funds to support myself there.

However I'm wondering if my ties to home are enough, as a 23 year old I'm hoping they understand I don't have a property I own, children, or a marriage.

I do however have - a job that I have had for 6 years and will continue to have after my trip. I can have a letter from my employers saying I have worked for them since 2012 and will continue to do so after this trip. Also, I am able to continue this work for them over the internet while I'm travelling in the US, but not sure if this is worth mentioning as it helps me financially but maybe not in the 'ties to home' category.

I also have all my family here in Australia - my mother, father, brother, aunties, uncles, grandparents, etc.
I may have a lease for property I am renting at the time too.

But other than that I do not own a house or have children etc, as I'd hope they will understand as I'm 23?

Anyway, any advice or tips would mean the world to me! Thanks if you can help.

Sam

[immihelp]

1. Having ties related to employment is fine.
2. You can't say you will be working over the internet in the US.

[sam3612]

1. Having ties related to employment is fine.
2. You can't say you will be working over the internet in the US.

Really? I work from home in Australia, in my home office over the internet for the company I work for, also in Australia.

Am I not allowed to continue working while overseas? There is no money, business or transaction whatsoever happening outside of Australia. Surely it is no different to someone taking a paid vacation.

[inadmissible]

You can not work in the United States on a B visa

Foreign vacationers in the Unites States are not permitted to work

[sam3612]

You can not work in the United States on a B visa

Foreign vacationers in the Unites States are not permitted to work

Can you please be more specific though? Does this mean I am not able to check my work emails? Check on employees? Maintain my business in Australia? And does it mean I have to shut down my Australian bank account from receiving money from my work in Australia?

Surely not...

[inadmissible]

You can not perform any kind of remunerative service or labor, including any kind of self-employment

You can't manage or supervise your employees & business abroad, because it is the performance of a remunerative service. They take an expansive view of what is a remunerative service, so you can't separate elements of your duties and claim that some parts are uncompensated

You can accept payments and business revenue, because it is in connection with the work you did abroad before & after your trip to the United States

It may seem silly that there is no de minimis exception for tourists to do some work in connection with their employment abroad, but it is what it is

[sam3612]

You can not perform any kind of remunerative service or labor, including any kind of self-employment

You can't manage or supervise your employees & business abroad, because it is the performance of a remunerative service. They take an expansive view of what is a remunerative service, so you can't separate elements of your duties and claim that some parts are uncompensated

You can accept payments and business revenue, because it is in connection with the work you did abroad before & after your trip to the United States

It may seem silly that there is no de minimis exception for tourists to do some work in connection with their employment abroad, but it is what it is

So what if I keep checking my emails etc while I'm in the US, then when I get back to Australia I receive a lump payment from my Australian employer for the hours I did while I was away.

[inadmissible]

You've described the cause (reading emails) and the effect (getting paid by your employer) that makes it a remunerative service, a lucrative labor

[sam3612]

You've described the cause (reading emails) and the effect (getting paid by your employer) that makes it a remunerative service, a lucrative labor

What if it is a paid vacation, so my employer keeps putting money in my account as I am traveling.

[inadmissible]

But you would be doing work. Would you get paid for the hours you check & respond to emails if you didn't check & respond to emails?

You will not prevail playing word games with USCIS and the US Department of State. US law operates on equitable principles, which is to say it is what it is regardless of what you call it. "You can't put lipstick on a pig"

[sam3612]

What if I keep checking emails, doing work for the Australian company I work for, but do not get paid for it.

But you would be doing work. Would you get paid for the hours you check & respond to emails if you didn't check & respond to emails?

You will not prevail playing word games with USCIS and the US Department of State. US law operates on equitable principles, which is to say it is what it is regardless of what you call it. "You can't put lipstick on a pig"

[ultrawise]

Hi everyone,

I'm wishing to travel to the US in March next year for a 6 month holiday on a B-2 tourist visa.

I am a 23 year old Australian. I cannot use the visa waiver program for two reasons: 1. I want to travel for more than 90 days and 2. I went to Iran for a holiday in February 2013.

I'm just wanting to give myself the best chance of getting the visa approved and wanted to ask you for advice on how to do this. From what I've read the biggest issues are having enough funds to support yourself, and having significant ties to your home country, ensuring you will return there.

I will have about $40,000USD saved up in my account when I apply for the visa so I'm hoping this shows I have sufficient funds to support myself there.

However I'm wondering if my ties to home are enough, as a 23 year old I'm hoping they understand I don't have a property I own, children, or a marriage.

I do however have - a job that I have had for 6 years and will continue to have after my trip. I can have a letter from my employers saying I have worked for them since 2012 and will continue to do so after this trip. Also, I am able to continue this work for them over the internet while I'm travelling in the US, but not sure if this is worth mentioning as it helps me financially but maybe not in the 'ties to home' category.

I also have all my family here in Australia - my mother, father, brother, aunties, uncles, grandparents, etc.
I may have a lease for property I am renting at the time too.

But other than that I do not own a house or have children etc, as I'd hope they will understand as I'm 23?

Anyway, any advice or tips would mean the world to me! Thanks if you can help.

Sam

no doubt you are not permitted to work can not work in the Unites States on a B visa.

[Trinity71]

What if I keep checking emails, doing work for the Australian company I work for, but do not get paid for it.

The rule is that you cannot have or earn any U.S. income. If you're working remotely and not being paid by a U.S. company or using U.S. financial institutions for your accounts, then you would be fine.

Even though you do not have strong ties to home country, Australia is not an immigration risk country for the U.S. like for example India or China. This may help your chances. However, be advised that if you apply for the B2 visa and are denied the visa, you would then not be able to travel here to the U.S. using the visa waiver program, so that is something I would carefully consider. Maybe taking that into consideration, you may want to stay within that 90 days allowable under the waiver program.

This is my opinion and not legal advice. Use of this information is strictly at your own risk.

Trinity71

[sam3612]

The rule is that you cannot have or earn any U.S. income. If you're working remotely and not being paid by a U.S. company or using U.S. financial institutions for your accounts, then you would be fine.

Even though you do not have strong ties to home country, Australia is not an immigration risk country for the U.S. like for example India or China. This may help your chances. However, be advised that if you apply for the B2 visa and are denied the visa, you would then not be able to travel here to the U.S. using the visa waiver program, so that is something I would carefully consider. Maybe taking that into consideration, you may want to stay within that 90 days allowable under the waiver program.

This is my opinion and not legal advice. Use of this information is strictly at your own risk.

Trinity71

Thanks so much for this advice. Do you have a link to anywhere where it says "cannot have or earn any U.S. income" - specifically looking for that US qualification.

Thanks!

[inadmissible]

The relevant Code of Federal Regulation is title 8 sec 274a.1(h) https://www.uscis.gov/ilink/docView/...0-0-28770.html which states, in pertinent part:

The term employment means any service or labor performed by an employee for an employer within the United States

Case law clarifies that:
* the phrase "by an employee for an employer" also includes the case when the employee and the employer are one and the same (ie self employment); and
* a constructive employee-employer relationship may exist regardless of the formalities (or lack thereof), or the nature or timing of compensation

The Department of State and USCIS policy views the phrase "within the United States" as referring to the "service or labor performed by an employee", not to the "employer". As far as I know, case law has yet to be made in this area. Most people who are subject to an adverse decision in this grayish area will never have standing to challenge this determination, which would explain why there hasn't been a test case yet