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H2B Visa Refusal - Section 214(b)

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  • H2B Visa Refusal - Section 214(b)

    Hi all,

    I recently posted on here with regards to me trying to obtain a h2b visa to work in New Jersey.

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

    My partner passed away towards the end of 2012 after a battle with breast cancer. I overstayed to care for her through her sickness and to care for her two young children. I left the country within 3 weeks of her passing after organizing all post death arrangements.

    I was approached by a soccer company to work for them in 2013 on a H2B visa. I have been rejected three time so far from the US Embassy for the following reasons:

    Refusal 1: Officer believed my ties to the US are too strong. Official refusal under Section 214(b).
    Refusal 2: Officer believed that I was planning on permanently abandoning my UK residence and setting up life in America. Official refusal Section 214(b).
    Refusal 3: Officer believed that my ties to the UK were too weak. Official refusal under Section 214(b).

    Each interview the officers have reviewed all my dates including my application for extension earlier in the year (which was refused) and that I did not overstay past 180 days therefore I am subject to no bans from the country.

    After the first refusal I presented the following documentation to prove that my life is in the UK:

    - Full time employment
    - UK Coaching commitment letters from club worked at
    - Band statements
    - Credit/Debit card statements
    - Letter from US based employer showing my departure date in November 2013
    - All other relevant documentation - CV/Resume, work references, death certificate, character references etc...

    At this stage I believe that this whole "Section 214(b)" is basically being used by these interviewing officers as an easy way to refuse me for my overstay without fear of it being appealed or challenged (as Section 214(b) is solely up to the interviewing officer to make a decision). If I was refused for an overstay then I am pretty confident this could be overturned as it was under extreme circumstances that I overstayed (as said by the first officer).

    Does anyone have any ideas what can be done about this? I don't know what else I can do to prove my ties to the UK.

    I have been approached by a company who potentially wants to take me out on a H1b visa (which is exempt from Section 214(b)). What are the chances of me being refused a h1b visa?

    Any help would be greatly appreciated.

    Thanks

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