Hi Pkakula,
There is some confusion in the way things have been explained here, so let's review once again you friend's situation.
In your original post you mentioned that: 1) ) As a foreign citizen of a country other than Canada – and by your post we can deduct that it is not from a country included in the Visa Waiver Program (VWP), - your friend was denied a H1-B visa, normally referred to as a work visa. 2) Later on, and while being a Canadian PR, you friend was denied a B2 visa – it could have also been a B1 visa but you didn't elaborate on this-.
While being denied a non-immigrant visa is unfortunate, it does not automatically make the applicant inadmissible, as defined by § 212(a). The most common reason for an applicant to be denied a B2 visa (for pleasure or medical treatment), for instance, is failure to prove non-immigrant intent – meaning that the applicant couldn't prove to the satisfaction of the officer that he/she won't stay in the country beyond the allowed time -. This also includes failure to prove “strong ties” to the country of residence, which is a very common reason for refusal.
What is important to understand here is that in the aforementioned scenarios, a failed application per se does not make an applicant automatically inadmissible, hence he /she would not need to seek any type of waiver, provided that there are no other grounds of inadmissibility. The same can be said of a failed H1-B application, which could have been rejected due to a number or reason that had little or nothing to do with being inadmissible.
Assuming that your friend is not considered inadmissible to the US, and despite of the fact of the previous failed - yet legit - attempts to visit and temporally live and work in the country, he could certainly try to visit the US as a Canadian citizen under the Visa Waiver Program (VWP), which literally waives his need of applying for a visitor's visa.
However, not having to apply for a visitor's visa, or having been granted one by a consular office when one is required, does not guarantee that the individual will be allowed entering the US. That's right! It is still up to the discretion of the CPB officer at the POE (Port of Entry) to decide whether a visitor may or may not be allowed in – the same is true in Canada.
Here is a scenario where this could happen to a Canadian citizen that is not considered inadmissible, just a regular fellow: John a Canadian citizen shows up at the US/Canada border with the intent of visiting the country for a few weeks. As a Canadian citizen he did not have to apply for a visitor's visa, but will still be questioned during inspection at the POE by a CBP officer.
During the interview with the officer, John lets him know that he doesn't currently have a job, is single and has no properties in Canada. Also, the officer notices that John is carrying with him three huge suitcases with way too many of his belongings for just a short visit, which is what he would be allowed to have. On top of that, the officer finds out the John only has a few hundred dollars with him which wouldn't last him long, which puts John under the suspicion of having to find work to support himself while in the US.
In this case, this Canadian citizen wouldn't be allowed in because of failing to prove non-immigrant intent and not having enough “strong ties” to Canada, let alone having to potentially seek illegal employment to support himself during his visit. Bam! Once again, having a visa or not needing one does not guarantee that a Canadian citizen will be allowed in the US. However, this won't automatically make him inadmissible, which is a totally different situation.
A person is considered inadmissible under certain conditions. Grounds of Inadmissibility under § 212(a) are as follows:
• Health-Related Grounds : pople with communicable disseases, or that may pose a health threat to the general population.
• Criminal Grounds : people who have been convicted or that admittedly have been involved in a crime involving moral turpitude (“CIMT”), or an offense relating to a controlled substance.
• Economic Grounds : a foreign national that may become a “public charge”.
• Illegal Entrants & Immigration Violators.
• Documentation Requirements: refers to an Intending Immigrant without proper documentation.
• Foreign Nationals Previously Removed.
• Other grounds of inadmissibility, such as practicing polygamist, international child abduction, etc.
Only when a person is deemed to be inadmissible under the aforementioned grounds, he/she would need to seek a relief to enter the US. This relief is known as a “Waiver of Ground of Inadmissibility”, of which there are several versions depending on the grounds. As a matter of fact, some intending visitors may need more than one waiver to be allowed in the US, whether they come from a country included in the VWP or not.
For instance, if an inadmissible individual from a country not in the WWP wants to visit the US, he would first need to get a B2 visa, and afterwards seek approval of a Waiver of Ground of Inadmissibility. By the same token, a Canadian citizen that is considered inadmissible would have to seek the same relief, although he wouldn't have to first apply for a visitor's visa – it's just a bit easier in this case.
Cheers
