Asian Journal- The Filipino-American Community Newspaper

Many people applying for visitor, student, or certain other non-immigrant visas are saddened when their visa application is refused. At their interview, they are handed a sheet of paper, advising them that their visa was refused under Section 214(b).

Some of these visa applicants have a very urgent need to go to the US, such as a sickly or dying relative, attend a funeral, etc., and cannot understand why the consul would refuse a visa under such heart-wrenching circumstances. They become even more frustrated when an acquaintance is issued a visitor’s visa in order to go to Disneyland, or because that acquaintance told the consul that they want to go shopping on Rodeo Drive. How is it possible that one person can be issued a visitor visa to go shopping, but another person is refused the visitor’s visa in order to attend a close relative’s funeral? In this article, I will discuss various aspects of a Section 214(b) refusal.

Section 214(b) is part of the Immigration and Nationality Act (INA), which states in relevant part that: "every alien [other than certain non-immigrant applicants] 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 non-immigrant status…" In other words, every person applying for a non-immigrant visa is presumed to be intending to immigrate to the US, unless they can prove otherwise. It is similar to guilty until you prove you’re "innocent" of intending to immigrate to the US Accordingly, per guidance cables from the Department of State (DOS) "all visa applicants are presumed to be immigrants (and hence not eligible for non-immigrant visas) unless and until they satisfy the consular officer that they qualify for one of the non-immigrant visa categories…," such as visitor, student, etc.

Some of the non-immigrant visa categories that are subject to Section 214(b) (requiring that they prove or demonstrate non-immigrant intent) are visitors (B), investors (E), students (F), entourage of entertainers (O-2), to name a few. However H-1 (workers in specialty occupations) L (intra company transferees), are not subject to Section 214(b). They can even be under petition for an immigrant visa, and it will not affect their eligibility for an H or L non-immigrant visa.