H4 Denied with 214(b)

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My wife had submitted her H4 Application via Dropbox. The Visa was denied in 214(b) Category.

From research on multiple forums it is mentioned that 214(b) should not apply for H4 Category.

Is there a way to appeal this verdict at USCIS? Or is it better to re-apply?

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First, are you an H4 as the spouse or child of an H1b? or of an H1B1, H1C, H2A, H2B, or H3? Only an H4 who is the spouse or child of an H1b is exempt from INA 214(b).

9 FAM 402.10-10(A).c says:


c.  (U) H-4 spouse and child derivatives of H-1B applicants are subject to INA 214(b) only if they have not been able to establish a bona fide relationship to the principal applicant.  H-4 spouses and child derivatives of H-1B1, H-2, and H3 applicants are subject to the foreign residence requirement.

so they could deny you H4 on INA 214(b) if they believed you did not establish a bona fide relationship to the H1b.

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