davisonuk

I went to the embassy 4 weeks ago as I had received a job offer in the states. The company have in house lawyers which assisted in the filing of the E-2 Employee visa.

According to all the british people in the company, this was not difficult to obtain.
However, when they come to interview me, I was denied, as the officer said that I am on the wrong visa and it's for people who are earning 6 figures.

Everyone was surprised by this outcome and we are now in the process of re-applying

Have I blown my chance to start my career in the states? Shall I carry on hoping? I am so angry and devastated by the outcome, I literally cannot believe it!!!!

Noorah101

What is your nationality, and where do you live? Where did you have the interview?

214 (b) means you are presumed to have immigrant intent, it has nothing to do with your salary level. Do you have strong ties outside the USA?

Rene

davisonuk

British, London, about 4 weeks ago

davisonuk

I have very strong ties outside the US - he wasnt concerned about this...he just said the visa isnt suitable and you should come on a diff work visa which isnt true

Noorah101

OK.

Rene

Noorah101

The officer can say pretty much anything he wants; it may or may not be the real reason for the denial. Did you google 214 (b)?

Rene

christmasoompa

What do you do? I've no idea about the visa, but if it's not a suitable visa for your occupation then somebody else here may be able to advise if you can give a bit more info about the role.

Good luck.

Guindalf

Someone will come along and correct me if I'm wrong, but I thought the E2 was for Australians and other nationals, NOT Brits!

AFAIK, the visa you need is an H1b (or L1 for a company transfer)..

christmasoompa

That's E-3 I think?

davisonuk

I will be a sales recruitment consultant. The point is, everyone has been successful apart from me! Yes. You do need specialist experience in this which I do have

Pulaski

Yes, it is.
Easy with the exclamation mark, squire.

An E-2 is a "treaty trader" visa for either self employed or for a national of the same country as the ownership of the employer. E.g. a British citizen working for a British owned company. It is viable alternative to an L1, and has the advantage that you don't have to have worked for the company for a year ahead of moving to the US. ..... Ask Canveydave as that is what he came over on recently having not previously worked for the company in the UK.

crg

It's possible that 214(b) could apply in this case if the ConOff doesn't believe the applicant fits the category of nonimmigrant visa being sought and doesn't believe the applicant ever will. By definition, under the INA, anyone who does not fit a nonimmigrant classification/category is an immigrant. So if the Conoff felt that the job/salary didn't fit E2 or the applicant didn't fit for some reason then 214(b) would be the appropriate citation.

Pulaski

Do you have any other personal characteristic(s) (age, ethnicity, etc.) that distinguish you from your colleagues and/or might have been used, perhaps prejudicially, by the consular official to come to the conclusion that he did?

davisonuk

Well I have a foreign name and I'm tanned looking if that's what you mean.

But anyway the officer said that it really isn't ME and it isn't my fault and said I should come back in 2 weeks time with a different work visa which is strange ...

Pulaski

I don't understand the "advice" on the visa either, but don't underestimate the issues in the US caused by having Iranian ancestry. If the US government is aware that your father is Iranian it can easily create multiple issues for you in the US, notably in connection to banking and transferring money, because of the long term sanctions that have been applied against Iran since the 1970's, and which are applied against Iranian citizens individually unless/until case by case exceptions are granted.