The question for today is “My company will be applying for my L-1 visa next month. My B-1/B-2 visas were both rejected in 2019. Can I get the L-1 Visa after a B-1/B-2 denial?”
You might qualify for a work visa in the future, but it depends on why you were denied. B-1/B-2 visas are tricky and have high rates of denial if the officer does not believe you have strong ties to your country, you are from a country that has high rates of visa overstays or if the officer thinks that you are engaged in misrepresentation (e.g. you are entering the U.S. to visit your U.S. citizen partner but once you are there, you plan on getting married).
Assuming that you are not inadmissible (e.g. committing a crime involving moral turpitude), prior B-1/B-2 visa denials should not prevent you from getting a work visa in the future. While prior denials are not irrelevant, they matter much less if you are applying for a different visa. The prior denial must be addressed on the DS-160 or I-129 and you should establish ties to your home country if the prior denials were due to not establishing that you did not have immigrant intent. In conclusion, if you are applying for a work visa, a prior denial of a B-1/B-2 visa should not prevent you from obtaining your work visa if you are otherwise admissible.
This is just legal information and not legal advice for your individual case. If you have had a prior visa denial and need help overcoming it, please send an email to ejedwards@edwardslegalservices.com
Last Updated on March 1, 2025 by Ernest J. Edwards
