Immigration Issues/H1B Visa


I am hiring a person from Germany and I just received paperwork from the Department of homeland security stating his H1B was denied.  Will it be a problem if i now have him apply for a Business Visa (B1) or will I have problems getting that Visa because of the H1B denial.  Also If it is can I apply for anything else to get him over here for a contract I have pending?

Eileen Chun-Fruto, Los Angeles immigration attorney writes:

Dear Paul,

If this person applies for the B-1/B-2 at the Embassy in Germany, it is likely that the H-1B denial may show up on the person's record.  It could be viewed with some suspect if the Consular officer thinks that this person is now just asking for a B-1 so that s/he can come into the US and work for your company without authorization.  Remember, a B-1 cannot take any remuneration from a US company and must show that s/he is still the employee of a foreign company, with a foreign residence that will be maintained during his/her absence.

As for other options for a working visa for this person, I'd need to know more about your company in the US.  Is it owned in any part or majority owned by German nationals?  If that is the case, this person could be eligible for an E-1 or E-2.  Other options, are quite frankly very limited.

What was the reason for the denial?  If it is something that can be remedied, then it may be worthwhile to re-file.  But doing it properly this time, of course.

You may contact me again if you have follow up questions.

Eileen Chun-Fruto

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Eileen Chun-Fruto


I can answer any employment-based immigration question including questions about PERM labor certifications, H-1B skilled workers, L-1A multinational managers or executives and L-1B specialized knowledge, R-1 and I-360 religious workers, investor cases (E Treaty Trader and E Treaty Investors and EB-5 "million dollar investors") and O-1 extraordinary ability cases. I can also answer any questions regarding family-based immigration, such as adoptions, waiver cases, consular processing (using foreign consulates to enter as an immigrant), marriage and fiance/fiancee cases, 245(i) cases, VAWA (Violence Against Women's Act), battered spouses, and Child Status Protection Act (CSPA).


I have over 12 years of experience in business and family immigration. I was a former law clerk for the Executive Officer for Immigration Review (the immigration courts) in San Francisco and I current serve as the California Service Center's (CSC) liaison on behalf of the Los Angeles County Bar Association. I represent individuals and corporations alike, ranging from professionals in the high tech, science, liberal arts fields. I have a special niche in working with start-up companies and individuals with more complex immigration issues.

Member, American Immigration Lawyers Association Member, Los Angeles County Bar Association, Executive Committee on Immigration

J.D., University of California at Davis - King Hall School of Law (1997) B.A., University of California at Irvine, cum laude (1994)

Awards and Honors
2005, 2006, 2007, 2008: Selected to Southern California Rising Star - Super Lawyers List (an honor shared by no more than 2.5% of the attorneys practicing in the entire Southern California region) Faculty/Moderator on various AILA and LACBA continuing legal education seminars in the following topics: H-1B, O-1, religious workers, business immigration visas

Past/Present Clients
My typical business clients can range from a start-up company, established engineering and software research and development companies, manufacturing, trade and distribution companies, public and private schools, and religious organizations. Family clients include spouses, parent-child petitions, siblings, naturalization, and most especially, representation of abandoned and neglected children viewed as orphans under the immigration law. I have represented many clients who relied on special provisions of the immigration law to preserve or "grandfather" benefits to family members in limited (and complicated) circumstances, to avoid re-application fees and longer waiting times.

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