The Infamous 214(b)
Unfortunately, there are many US visa applicants who are all too familiar with Section 214(b) of the United States Immigration & Nationality Act, which is a part of the law that allows Consular Officers to deny non-immigrant visa applications under certain circumstances. More specifically, according to the US Department of State website, if one is refused a visa under Section 214(b), it means that:
1) Such applicant did not sufficiently demonstrate to the consular officer that he or she qualifies for the nonimmigrant visa category applied for; and/or
2) Such applicant did not overcome the presumption of immigrant intent, required by law, by sufficiently demonstrating that the applicant has strong ties to his or her home country that will compel the applicant to leave the United States at the end of the applicant’s temporary stay. (H-1B and L visa applicants, along with their spouse and any minor children, are excluded from this requirement.)
Every day many visa applicants are denied their US visa under this specific rule. In fact, section 214(b) is the most common rule used by Consular Officers to deny a visa application.
So what should one do after receiving a 214(b) denial?
The first important thing to understand is that a 214(b) denial is not permanent. In fact, despite recommendations to wait a certain amount of time to apply again, there is nothing in the law which prevents an applicant from applying again for the same visa at any time after receiving a 214(b) denial. However, if one attempts to apply again after a short period of time, then it is very important to understand the reasoning for the denial. For example, if the applicant is denied because the Consular Officer realized that the applicant does not have any consistent employment, then the best way to be approved on the next application is to obtain employment in the meantime and demonstrate that it is the type of employment that lasts for a career (as opposed to transient employment such as working as a waiter in a restaurant).
Overall, there are many reasons that a 214(b) denial can be applied to a particular case. Identifying the reason that 214(b) was applied to that case is critical to the success of any future non-immigrant application. Seeking the advice of a qualified immigration attorney can aide in this process.
All said and explained in this article does not constitute a legal opinion and does not replace legal advice. Responsibility for using the wordings and opinions conveyed in this article relies solely and entirely on the reader.
This article was written by Dotan Cohen Law Offices, working in the field of immigration law in the United States, Canada, Australia and England.