H2 FAQ

Why was I refused under INA 221(g)?

If an applicant is refused 221(g), this means the consular officer did not have all of the information or documents needed in order to process the application to conclusion. The 221(g) refusal can be based on one or more kinds of missing information; for example, additional documentation is required of the applicants (either as individuals or on the petition), or that security screening or administrative processing is underway (e.g., fingerprints or panel physician exam). The applicant is told what is needed in writing at the time of the interview. When the required information is submitted in a timely manner, the visa processing can continue to conclusion, and the applicant does not need to reapply for the visa. Bringing in the necessary documents does not necessarily mean the visa will be issued, but it does mean that the adjudication process can resume and be completed.

Why was I refused under INA 214(b)?

The most frequent grounds of refusal for an H2 visa is 214(b). Section 214(b) of immigration law states that applicants for nonimmigrant visa shall be presumed to be intending immigrants, unless they can establish to the satisfaction of the consular officer that they will comply with the rules for H2 visa recipients. These requirements include maintaining a permanent residence in Mexico, working only for the petitioning employer, and returning to Mexico once their visa expires (or obtaining an extension from DHS in order to remain longer). In many cases, employers in the United States will want to make guarantees that the person applying for the visa will depart the U.S. and return to their residence in Mexico once their authorized stay ends. However, it is the applicant alone who must establish eligibility for a visa. Consular officers may not issue visas based solely on the assurances of third parties. The burden of proof is on the applicant to prove that they overcome the immigrant presumption. To make this determination, the consular officer will evaluate evidence of property holdings and family/social ties and responsibilities as well as prior immigration history/contact with immigration officials. Refusals under section 214(b) are not permanent, and, if the applicant reapplies, he/she can sometimes overcome the assumption of intending to immigrate by providing more specific information about ties to a country and intended length of stay in the United States. Applicants refused under 214(b) are welcome to reapply for a visa should their circumstances change, or if they believe that they can present additional evidence to demonstrate their eligibility for the visa. Those persons reapplying must submit a new visa application, with any necessary supporting documents, and pay the visa application-processing fee. Their applications will be given every possible consideration consistent with U.S. immigration law.

I was refused a visa and was told that I am ineligible, what does this mean?

For certain foreign citizens, their current and/or past activities may make them ineligible for a visa. Under the INA, there are a number of categories of ineligibility, including terrorists, convicted felons, persons who pose certain health risks, as several examples. See the Department of State website information http://www.travel.state.gov/visa/frvi/denials/denials_1361.html for more information.

 

I want to inquire about the visa refusal for someone I know who applied for a visa. Why can't I get information?

Under the Immigration and Nationality Act (INA), section 222(f), the records of the Department of State relating to visa decisions are confidential, and therefore information may not be provided to third parties about a particular visa applicant. Certain information may be provided to the petitioner in visa cases, attorneys representing a visa applicant, or to members of Congress, or other persons acting on behalf of and with the permission of the applicant.

For visa denials, the law requires that almost all visa applicants be informed verbally and in writing the basis for the denial. All H2 applicants who are refused visas receive a refusal sheet written in Spanish that indicates the basis for the refusal and the period of ineligibility, if applicable. This explanation always relates to the law as shown in the Immigration and Nationality Act, which governs visa procedure.

 

Why is the application fee not returned when my visa application was refused?

The fee that paid is an application fee. Everyone who applies for a U.S. visa anywhere in the world must pay this fee, which covers the cost of processing the application. As the application form states, this fee is non-refundable regardless of whether a visa is issued or not, since the application was processed to conclusion. If the application was refused under Section 214(b) and you choose to reapply for a visa, whether at this Consulate or elsewhere, you will be required to pay the visa application-processing fee.

Can I appeal a visa refusal?

There is no appeal for visa denials; however, any applicant may reapply for a nonimmigrant visa if s/he can present evidence of a significant change in circumstances since the last application. There are a number of reasons for visa denials. In some cases, the applicant may have one or more visa ineligibilities and cannot be issued a visa under immigration law. To learn more about visa ineligibilities and waivers, see the Department od State website http://www.travel.state.gov/visa/frvi/denials/denials_1362.html .

I still have questions about the H2 visa program, who can I contact?

Please read this FAQ first.  If you still have questions, you may email: MonterreyH2Visas@state.gov. 

**Please note that, due to work volume, the H2 Team is not able to respond to visa information requests via telephone.
**If your visa application was refused, please reference the letter given to you at the time of the interview.  Unfortunately we cannot provide more information on visa refusals.