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H2B Visa Refusal - Section 214(b)

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  • H2B Visa Refusal - Section 214(b)

    Hey guys,

    Before I post I want to say thank you in advance for any and all help/guidance/support you may give.

    I worked in the USA in 2010 and 2011 (2 separate H2B's). I returned in 2012 to visit my partner.

    Unfortunately my partner passed away towards the end of 2012 and I overstayed to care for her through her sickness, I left the country within 3 weeks of her passing. I was approached by a soccer company to work for them in 2013 on a H2B visa. I phoned up to book the interview and had to go through pre-screening to see if I am eligible to attend the interview. I passed this after sending documentation and was granted an interview at the US Embassy in London.

    I was not granted a visa under Section 214(b) with the Officer saying I did not have strong enough ties to the UK.

    I questioned why I had stronger ties to the United States but the interviewer could not answer my question and just apologized. I said over and over that I have the majority of ties to the United Kingdom. I explained I have my whole family in England, I have a bank account, credit card and I also coach soccer for my local boys team and have done for years now. He did not answer other than to just apologize.

    The person interviewing me said that the good news was that I did NOT stay over 180 days as I officially filed for extension of my WT. He said that the 3-year ban does NOT apply to me.

    I reapplied as I had the following additional documentation to present to demonstrate my ties to the UK:

    - Signed offer of full time employment in the UK commencing December 2013.
    - Confirmation letter from the vice-chairman of my local football (soccer) team to coach through youth age groups upon my return.
    - Visa statement from myself showing evidence of me adhering to visa rules and regulations for my last two h2b visas. Explaining and demonstrating my closeness to my family, in particular my young nephews and that my life is in the UK. Showing that my work in the US is for employment purposes only and is only to gain experience, knowledge and livelihood in order for me to further my career in the UK.
    - Signed contract from my US based employer stating my contract finish dates.

    I attended the US Embassy in London on April 22 for a second interview and I was not granted a visa for the same reason (Section 214 b). The gentleman that interviewed me said "I am not granting you a visa today because I feel that you are planning on abandoning your residence and status in the United Kingdom and I believe you are planning on overstaying again in United States and I believe you are planning on setting up life in the United States". This was said even though I showed him all my evidence of ties to the United Kingdom.

    I am planning on applying again (this time in Belfast) and I am wondering what I can do different to get passed the dreaded 214(b).

    When I applied first two times I did not have a full time job and this was listed on my DS-160. I have a full time job (starting December) but I am technically employed by them now. I was wondering if I put down yes for that would that help.

    Sorry for the essay guys but thanks again in advance for your help.


  • #2
    I am hopefully booking my interview for Belfast tomorrow. I have to go through advanced screening which will add on two days or so but I am looking at having my interview around 15th/16th May so I will have a good few days before I fill in my DS-160 so any help would be greatly appreciated.

    Many thanks