Has your visa been rejected by a consular officer under Section 214(b) of the Immigration and Nationality Act? Millions of visas are denied each year under this section of law. If this is your scenario, you may be confused and wondering what that means and if there is any way to get around it. U.S. immigration law is set up where the burden falls on the visa applicant to demonstrate that they do not intend to stay permanently in the United States and meet the requirements to receive the visa. In this post, we will explore what 214(b) refusal means and how it may apply to the considerations of your visa application even if you received a 213(b) slip. Keep in mind that rejection under this section applies to family immigration and employment-based immigration.

What is the Immigration and Nationality Act (INA) 214(b) Section?

According to the U.S. Department of State Bureau of Consular Affairs, Section 214(b) of the Immigration and Nationality Act states:

Every alien (other than a nonimmigrant described in subparagraph (L) or (V) of section 101(a)(15), and other than a nonimmigrant described in any provision of section 101(a)(15)(H)(i) 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 101(a)(15). An alien who is an officer or employee of any foreign government or of any international organization entitled to enjoy privileges, exemptions, and immunities under the International Organizations Immunities Act, or an alien who is the attendant, servant, employee, or member of the immediate family of any such alien shall not be entitled to apply for or receive an immigrant visa, or to enter the United States as an immigrant unless he executes a written waiver in the same form and substance as is prescribed by section 247(b).

Essentially, it is the officer’s responsibility to determine if you qualify to get a temporary visa based on the information you provided and their short interaction with you. One of the primary consideration factors in deciding if you have the intention to abandon your country of residence and stay in the United States. For that reason, having “strong ties” to your country is important to establish with your immigration case. These ties can be a career, a family to take care of, real estate, other commitments, etc. If, for example, you are unemployed, not married, and do not have children or own any real estate, these could be red flags from the consular officer’s point of view that you may be an intending immigrant. Strong ties for a minor can mean things like educational plans, grades, etc.

The rejection means the visa you applied for was not approved based on one facet of the immigration