The U.S. visa approval process can often feel confusing and unpredictable to outsiders. For instance, why would a gas station attendant get approved for a tourist visa, while a virtual assistant making $3,000 per month gets denied? At first glance, it seems unfair, or is it?

The key here is that when it comes to U.S. visas, the devil is in the details. Visa officers (VOs) are trained to look at the full picture of an applicant’s ties to their home country. It turns out, in this case, that the "gas station attendant" was actually the owner of a gas station, earning around $2,500 a month, less than the freelancer so what gives?

The Employment Hierarchy for Visa Officers

There’s an unwritten "employment hierarchy" regarding visa approvals, it's not just the salary. VOs also evaluate the stability and structure of the applicant’s position.

Contractor vs. Employee: A full-time employee generally has a more stable income and benefits, whereas contractors are often seen as less secure—first to be cut when business slows down. That’s why freelancers and virtual assistants, even with a good income, might be viewed as risky applicants. They lack the stability that employee gets.

Business Owners: The gas station owner was able to show that his business can run without him. That means taking a two-week-long vacation won’t hurt his income much because his business continues to operate. In contrast, the virtual assistant’s income is directly tied to her ability to work. If she takes time off, not only does her income stop but her expenses dramatically increase putting her in a precarious situation.

Why Freelancers Struggle

Freelancers, even those making substantial incomes, face challenges because their jobs are perceived as flexible but unstable. VOs also know that many virtual assistants have the ability to take on unreported, under-the-table work once they’re in the U.S., charging lower rates than local workers.

To sum it up, visa officers look beyond just salary and factor in the stability and structure of an applicant's employment. A business owner who can prove their business operates without them has more favorable circumstances than a freelancer whose income stops when they do.

Visa Employment Hierarchy:

1. Contractors/Freelancers
2. Employees
3. Business owners with scalable businesses

By now you can see why the gas station owner was approved despite earning less than the freelancer.

Pro tip: A great way to tell if a business is doing well is if the owner isn't there. If you see the owner inside the business (especially doing menial tasks) that means he's not earning enough to install another person. The exception to this is doctors and lawyers.