15 Hidden Visa Rejection Reasons Under Section 214b

Are you applying for a US visa? Then, it is best to learn the 214b rejection reasons. The US laws make it mandatory for non-immigrant visa applicants (excluding H-1B and L-1s) to demonstrate that they do not have any intention to immigrate to the USA. Therefore, during the visa application process if it is found that the applicant has an intention to immigrate to the country the visa can be rejected. The visa rejection takes place under section 21(b) of the Immigration and Nationality Act. 

Generally, rejected individuals are given a rejection letter stating that they lack strong ties to their home country. However, the truth is that the actual reasons can vary and in some cases may not even be a valid reason. Therefore, we have covered the most popular visa rejection reasons under section 214b.

What is Section 214b?

The  Immigration and Nationality Act (INA) includes Section 214(b). As per this section, every visa application is considered as an immigrant, until the consular officer determines that the person has non-immigration intent and qualifies for a non-immigrant visa. Furthermore, to qualify for a visitor visa or a student visa you must meet the requirements of 101(a)(15)(B) or (F) of the INA respectively. Otherwise, your visa can be rejected. Therefore, you must demonstrate that you have strong ties to your home country. Strong ties with the home country are essential as it will compel you to leave US after the ends of their temporary stay. As per this law proof must be presented for the same.

Limited Ties to the Home Country 

One of the most common 214b rejection reasons is limited ties to the home country. If you are young and unemployed or have a low-paying new job a visa rejection is possible. The same goes for those who are not married, have no property/assets and live in rural areas.

Poor Interview Performance

During the visa interview, several things are taken into account. For example, your conduct, honesty in answering the questions, nervousness, dressing sense, discrepancies in the information provided in the application form and the answers provided, etc All these things are considered in weighing the eligibility and credibility.

Watch the video below to learn how to prepare for a US visa interview

Inaccurate Consular Understanding 

Another one of the 214b rejection reasons is the consular understanding of law or facts. A consular officer can make mistakes due to lack of language proficiency, or being inadequately trained. For example, a consular officer can visit the wrong address for the verification of information.

Learn  9 Common Reasons for a Student Visa Rejection

Not meeting the Work Visa Requirements

A US temporary work visa (L-1, H-1B), etc requires you to meet the technical requirements. Those who do not meet the eligibility requirements are therefore automatically rejected. This is one of the common 214b rejection reasons. For example, an O-1 visa filmmaker applicant does not have the qualifications of Steven Spielberg.

Possibility of Not Returning to Home Country 

If you are coming from a country where most visa holders do not return to their country then your visa can be denied. Similarly, if you have a track record of overstaying your visa, you can face visa refusal. For example, Russian nationals previously purchased timeshares in the US as a reason to visit the country, but later they did not return to their home country.

Economic & Political Situation in the Home Country 

The Economic and political circumstances of the house country is taken into account. It is one of the most common 214b rejection reasons.  For example, if you come from a poor country, or country coming from has an unstable political situation.

Several Long Term US Visits 

Those who have previously extended their stay in the US even if it is I-94 authorized can get their visa application rejected. This is because several long-term US visits would indicate that the applicant is no longer staying in the home country, have appropriate visa status, or may be engaged in unauthorized work in the US. This is one of the 214b rejection reasons.

Changing Status While in the US

If you have visited the USA, changed your visa status, and returned to your home country to apply for a new visa the application would most likely be rejected. In this case, a consular officer can feel deceived regarding the intent of obtaining a visa. For example, visiting US for tourism purposes and then changing the visa status to H-1B while in the US.

Student Related Problems 

Another common 214b rejection reasons is a student-specific issue. For example, you have enrolled in a community college or in a university that is not a brand name, enrolled in a non-career enhancement course like business management, are an older student (above the age of 30), have poor academic performance, etc. In these situations, student visa rejection is very high.

Learn About the  Common Reasons for Canadian Student Visa Rejection

A Hostage Situation 

A ‘hostage situation’ can arise if a family travelling together’. That is, a family member can be denied a visa while other family members receive their visa. For example, a college student can be denied a visa application to a wedding while his parents may be given the visa approval.

Relatives’ History of Immigration

The relative’s immigration history is also taken into consideration. Therefore, if you have a relative in the USA you can be denied a visa because it will be easier for you to settle. If the relative has obtained immigration in an objectionable manner the visa rejection is possible.

Lack of Finances 

Lack of Finances is another one of the 214b rejection reasons. For example, if you are travelling to the US for medical reasons and have opened a bank account recently and added funds, it can raise suspicion that the funds are not yours. Therefore either personal funds or funds from a sponsor are necessary.

Guilt by Association

This means a person in a group can be rejected for a visa due to the misdeeds of others. For example, a basketball team application with an unrelated individual’s application can result in visa denial for the whole team.

Meeting Significant Other

A visa application to meet a significant other in the US can be rejected. The reason is, it is assumed that you will do anything to get out of your country, and the American partner is just a ‘ticket out’. The assumption is that you will marry after meeting your partner in the USA.

Previous Criminal Record 

One of the 214b rejection reasons is a previous criminal record. For example, a shoplifting conviction can result in visa refusal. In these circumstances, it is assumed that you are a danger to the public and can engage in criminal behaviour in the USA.

Immigration Application in Another Country

An immigration application that is pending in another country would mean a US visa denial. An attempt to immigrate to a Western country like Canada would signify the intention to immigrate. Therefore, it is considered as a danger and thus a visa refusal will take place.

What to do after 214b rejection?

When a visa has been rejected under the 214b section there is no chance of appeal. It means you will have to accept the visa decision of the US government. The only option in front of you is to re-apply for a US visa. Identify the reason for the visa rejection and correct it. It is also important to demonstrate strong ties to the home country. Therefore, you must provide credible, new and convincing evidence that you have family ties outside America.  

What to do if Your Student Visa Gets Rejected? 

US Visa Reapplication Process

Even after a visa refusal under section 214(b), you can reapply for a visa. It is important to ensure that your application is strong the second time. The visa reapplication process is provided below:

• First, understand the reasons for your visa application rejection. The reasons for the refusal are provided in the visa rejection letter
• Next, find out the specific reason for the visa rejection and correct it. For example, gather more documents to prove that you have strong ties to the home country. 
• Now you can start a fresh application. Fill out the DS-160 form for the same
• Pay the fees for the visa processing, and schedule your visa interview
• Arrange the necessary documents that can prove your strong ties. For example, employment proof, educational commitments, etc
• Next, attend the visa interview and wait for a decision on your visa application

FAQs

We hope you now understand the 214b rejection reasons. Want to apply for a Visa for your study abroad journey? Drop us a comment in the section below, or you can connect with a visa expert at Leverage Edu, and we will guide you on your dream journey!