What Are B Visas?

B visas are non-immigrant visas. There are two types of B visa: the B-1 visa, which enables holders to enter the US temporarily for business purposes and the B-2 visa, which enables the holder to enter the US temporarily for purposes of pleasure and tourism. A B-1/B-2 visa is available, which combines both categories.

The B-1/B-2 visa is issued to British citizens for a period of up to 10 years, in the absence of a waiver of inadmissibility, and allows entry to the US for periods of up to 6 months at a time. Productive work is not permitted in the US on the B-1/B-2 visa.

 

Which Countries Had the Highest Rate of B Visa Denial in Fiscal Year 2017?

Below is a list of the top 20 countries around the world with the highest rates of B visa denials in 2017:

  1. Federated States of Micronesia- 100%
  2. Western Sahara- 100%
  3. Republic of Palau- 83.33%
  4. Cuba- 77.17%
  5. Burkina Faso- 75.74%
  6. Burundi- 75.55%
  7. Somalia- 75.5%
  8. Djibouti- 74.8%
  9. Afghanistan- 72.14%
  10. Eritrea- 71.69%
  11. Guinea-Bissau- 71.61%
  12. Haiti- 71.44%
  13. The Gambia- 70.27%
  14. Mauritania- 67.3%
  15. Liberia- 64.98%
  16. Guinea- 64.59%
  17. Laos- 63.66%
  18. Georgia- 61.09%
  19. Bangladesh- 60.88%
  20. Yemen- 60.76%

 

 

 

B Visa Denial Rates In Europe During Fiscal Year 2017

Below is a list of European countries and their respective rates of B visa denials in 2017:

  1. Albania- 40.45%
  2. Andorra- 0%
  3. Armenia- 51.87%
  4. Austria- 5%
  5. Azerbaijan- 27.63%
  6. Belarus- 21.69%
  7. Belgium- 6.96%
  8. Bosnia-Herzegovina- 16.37%
  9. Bulgaria- 14.97%
  10. Croatia- 5.1%
  11. Cyprus- 1.69%
  12. Czech Republic- 6.81%
  13. Denmark- 13.18%
  14. Estonia- 21.16%
  15. Finland- 11.78%
  16. France- 7.43%
  17. Georgia- 61.09%
  18. Germany- 5.91%
  19. GB and Northern Ireland- 20.15%
  20. Greece- 13.14%
  21. Hungary- 13.04%
  22. Iceland- 7.46%
  23. Ireland- 17.89%
  24. Italy- 12.54%
  25. Kazakhstan- 32.81%
  26. Kosovo- 37.92%
  27. Latvia- 12.83%
  28. Liechtenstein- 0%
  29. Lithuania- 22.54%
  30. Luxembourg- 5.74%
  31. Macedonia- 28.69%
  32. Malta- 4.81%
  33. Moldova- 49.12%
  34. Monaco- 0%
  35. Montenegro- 26.41%
  36. Netherlands- 9.65%
  37. Norway- 17.36%
  38. Poland- 5.92%
  39. Portugal- 11.06%
  40. Romania- 11.76%
  41. Russia- 11.61%
  42. San Marino- 0%
  43. Serbia- 22.33%
  44. Slovakia- 13.3%
  45. Slovenia- 19.22%
  46. Spain- 17.26%
  47. Sweden- 13.92%
  48. Switzerland- 5.89%
  49. Turkey- 17.86%
  50. Ukraine- 34.54%
  51. Vatican City- 36.36%

 

Which Countries In Europe Saw the Highest Rates Of B Visa Denial in 2017?

Top 15 European countries with the highest rates of B visa denials:

  1. Georgia- 61.09%
  2. Armenia- 51.87%
  3. Moldova- 49.12%
  4. Albania- 40.45%
  5. Kosovo- 37.92%
  6. Vatican City- 36.36%
  7. Ukraine- 34.54%
  8. Kazakhstan- 32.81%
  9. Macedonia- 28.69%
  10. Montenegro- 26.41%
  11. Azerbaijan- 27.63%
  12. Lithuania- 22.54%
  13. Serbia- 22.33%
  14. Belarus- 21.69%
  15. Estonia- 21.16%

 

Which Countries In Europe Saw the Lowest Rates Of B Visa Denial in 2017?

Top 15 European countries with the lowest rates of B visa denials:

  1. Andorra- 0%
  2. Liechtenstein- 0%
  3. Monaco- 0%
  4. San Marino- 0%
  5. Cyprus- 1.69%
  6. Malta- 4.81%
  7. Austria- 5%
  8. Croatia- 5.1%
  9. Luxembourg- 5.74%
  10. Switzerland- 5.89%
  11. Germany- 5.91%
  12. Poland- 5.92%
  13. Czech Republic- 6.81%
  14. Belgium- 6.96%
  15. France- 7.43%

 

What Does This Tell Us About B Visa Denial Rates in Great Britain and Northern Ireland?

It is noteworthy that Great Britain and Northern Ireland had the 16th highest B visa denial rate in Europe in 2017, at 20.15%. Indeed, neighbours Germany and France saw a B visa denial rate of 5.91% and 7.43% respectively in 2017, which is approximately a third of the number of B visa denials reported in the UK.

When filing a B visa application through the US Embassy in the UK therefore it is imperative to ensure the application is comprehensive, clear, well-drafted and well-judged, in order to maximize prospects of success.

 

What Are The Most Common Reasons For B Visa Denial?

Under US immigration law, a visa must be denied if the applicant cannot establish his or her eligibility for the requested visa. This could be because the applicant does not meet the requirements of the visa category or because the applicant is inadmissible to the US. If you have been denied a B-1 or B-2 visa, we would recommend that you contact us, in order to seek advice on your position.

Common reasons for B visa denials include:

  1. Criminal Admissibility:

There are a number of bases upon which a visa applicant may be inadmissible to the US on criminal grounds, including, inter alia, the commission of crimes involving moral turpitude and the commission of offences involving illegal/controlled substances. However, equally, it is important to note that there are a number of exceptions to the general rules of admissibility, which – if claimed – could lead to a finding of admissibility to the US in circumstances where criminal inadmissibility could otherwise have been found.

If you wish to apply for a B visa and have ever been arrested, cautioned or convicted of a crime, we would advise you to contact our team of licensed US immigration attorneys, for a complimentary assessment of eligibility.

  1. Previous Immigration Violations:

Previous immigration violations may result in inadmissibility to the US.

In particular, unlawful presence in the US for a period of between 180 days to 1 year will result in an automatic 3 year ban from entering the US. Similarly, unlawful presence in the US for a period of 1 year or more will result in an automatic 10 year ban from entering the US.

  1. Immigrant Intent:

Under Section 214(b) of the Immigration and Nationality Act, every non-immigrant visa applicant is presumed to be an intending immigrant, unless sufficient evidence is adduced to rebut the presumption.

In practice, it is extremely important that a B visa application is carefully prepared and properly drafted, to ensure an application does not fail on this ground. Sadly every year, a large volume of B-1/B-2 visa applications are denied simply because the applicant failed to displace the evidential presumption imposed by s214(b). It is imperative to seek legal advice on this issue prior to making an application for a B visa, in order to maximize your prospects of success.

  1. Eligibility to Enter the US on ESTA

Generally, where a B visa applicant is eligible to enter the US on ESTA, it may be difficult for a visa applicant to obtain a B visa, in the absence of concrete evidence as to why it is necessary for the visa applicant to enter the US for longer than the maximum 90 day period permitted on ESTA.

We would recommend that you seek legal advice if you are eligible to enter the US on ESTA and wish to make an application for a B visa, as such applications need to be considered and prepared extremely carefully. Once denied a visa, a visa applicant becomes ineligible to enter the US on ESTA and henceforth will require a visa to enter the US.

Davies Legal Immigration

At Davies Legal Immigration, we offer advice and representation in connection with all aspects of U.S immigration, from our London and Atlanta offices. We offer a fully flexible service, timely responses to your correspondence and innovative immigration solutions, at a competitive, transparent fixed fee. Call now for your free price quotation and for preliminary advice regarding the merits of your case.

Published: 20th June 2018