How to overcome a 214b visa refusal

Question

I got H1B1 visa refused because I didn’t bring the offer letter from my employer in the US, which specifies the exact contract start/end dates of my trip. Plus, when I was asked about my travel plans I mentioned the chance of renewing the visa and comeback to the US (my bad, I know). I also lived in Australia for 5 years, and am currently unemployed in my home country (Chile). How can I overcome this in my second attempt?

Answer 1

The US DoS article on 214(b) refusals states:

If your application for a visa has been refused under Section 214(b) INA, there is no appeal process. While you are not prohibited from reapplying for a visa, unless you can show credible, new, and compelling ties outside the United States, and that your intended activities in the United States are consistent with the visa class, a different outcome is unlikely.

You're applying for an H1B1 visa, which is not a dual intent visa (as opposed to H1b, which is), so you must satisfy that condition. See 8 USC 1184(b):

Every alien (other than a nonimmigrant described in subparagraph (L) or (V) of section 1101(a)(15) of this title, and other than a nonimmigrant described in any provision of section 1101(a)(15)(H)(i) of this title except subclause (b1) of such section) shall be presumed to be an immigrant until he establishes to the satisfaction of the consular officer, at the time of application for a visa, and the immigration officers, at the time of application for admission, that he is entitled to a nonimmigrant status under section 1101(a)(15) of this title

So not only do you need to show all the employment paperwork, you aslo need to show significant enough ties to your home country to convince the visa officer that you will in fact return home upon completion of your contract.

One alternative would be to ask for a different status, for example H1B (not H1B1). But that would subject the employer to all the conditions of that program, including quota cap and labor certifications.