What is 214b Visa Rejection?
214B visa refusal is given to people who are not able to convince the US visa officer that they will return to their home country after visiting USA.
You are living in USA on H4 visa. You sponsor your parent and sister (21 years) to apply for B1 visitor visa to visit you in USA.
Your parent’s B1 visa is approved but 214b blue slip is issued at US embassy in Delhi, to refuse your 21 year old sister’s B1 visa application.
Here is an official tweet from US embassy in Chennai, India clearing the doubt that 214B refusal is not permanent:
214B visa denial is NOT permanent. You can apply visa again if you think you have new evidence which can prove that you will return from USA.
You cannot appeal the refusal but can apply for a fresh visa application and paying visa fees again.
You can re-apply for US visa even after getting 214B if you think your circumstances have changed and now you have some added proof that you will return from USA.
There is no time limit of 6 months to re-apply for visa again.
If you re-apply using the exact same information as you did in previous visa interview, your chances of visa denial are very high.
How to Overcome 214 b Visa Rejection B1/B2?
If your B1 visitor application has been issued “214(b) refusal ineligible for b1 visa” form, then you can re-apply using these documents:
#1 Your job in home country
You can show that you have a permanent well paying job in your home country. You should submit your payslips and employment letter as a proof of continuity of job.
You have good chances if you have been working for same company for more than 2 year at a stretch. Changing jobs frequently is not considered a good sign and brings a doubt in visa officer’s mind.
I recommend sharing the last 3 year income tax return copy too.
Submit the leave approval application on official company letter head for your travel period.
#2 Your home Ownership papers
If you own a real estate in home country, then show your property ownership papers. Ownership of immovable property is considered a strong tie and gives signal that you will return.
Owning more than one property is a strong evidence of home ties.
#3 Your relationship with family & friends
If you are married and are travelling alone, you can show your marriage ties to show that you will indeed return after after your US trip.
If you have kids and they are not travelling, you can show their birth certificate and school admission slips.
#4 Earlier B1/B2 Visit Duration to US
If you have visited USA earlier and overstayed your approved i94 term, your B1/B2 visa renewal may be denied.
This is pretty common in cases where parents travel to US and then apply for B2 visa extension after 6 months of stay. You should avoid filing B2 visitor visa extension using form i539 while you are in US.
The important point to understand is that US visa officer may consider your stay in US to help your son or daughter’s pregnancy help as a violation of your B2 visa terms.
You are only allowed to visit US for tourism and not support your kids as a nanny for extended period of time.
#5 Pregnancy Travel to US
Legally, you are allowed to travel to US while pregnant, give birth and get birth US citizenship but it is a red flag for your B1/B2 visa renewal.
You would need a letter from doctor to support your safe travel and a strong reason to visit US with your current medical condition.
A strong reason could be attending a relative funeral or a wedding of a close family member in US among others.
#6 Close Relative Entered on B1/B2 & Married US citizen
If any of your close relative used B1/B2 visa to enter USA and then never returned as they married a US citizen, your B1/B2 visa can be denied as visa officer may have strong doubts on your intention too.
You can explain as to why your relative married while on a visit in US with a legitimate reason.
How to Overcome F1 visa 214 b Rejection?
F1 visa rejection is a bit tricky to overcome and convince the visa officer if you are denied even after getting a valid I-120 from your US school or college.
The most common cause of F1 denial for H4 dependent is the primary spouse is on H1B and his i140 has been approved.
You can file a work visa H1B after your study completion is US but at the time of your visa interview in US embassy, you should be able to convince officer that your ‘intent’ is only to study and return to home country.
#1 Home Ownership in Home Country
If you own a real estate, then show your property ownership papers to show that you will return after studying in USA.
#2 Day 1 CPT university
If you have enrolled in a college which offers day 1 CPT option, it can be a big red flag on your intentions to study in USA.
You should stay away from Day 1 work permits even though it is legally allowed by US laws. Staring work from first day of your study goes against your intent of study in US.
#3 Your Financial Status
You should show sufficient bank balance in your home country to support your studies and stay in US.
The visa officer can be convinced by showing your parent’s bank account statement, parent’s job continuity and your current education mark sheets and degrees.
The ‘intent’ of going to US should be to self support to study by either using a bank loan from home country like India or a loan from US based bank.
Basically, you should be able to prove that you have no intent of working while studying apart from the allowed 20 hours of study within campus.
Many students work at grocery stores outside university campus and accept cash payments. Note that this is against the law and your visa can be revoked if you are caught.
#4 No Financial Support For Family at Home
Your family in home country (or abroad with you) should have some kind of financial support structure so that they are not dependent on you while you are studying in US.
You should not show an intention to work to make money to support you and your family.
#5 Studying a Course that has no Career option in Home Country
If you have enrolled in a course in USA which does not really have any scope of job in your home country, your intention is pretty much clear that you do not want to return.
214b visa rejection H1b
214B visa rejection is not usually given for H1B or L visa as it allows an immigrant intent meaning that you are allowed to have an intention of staying in US and file your Green card. H1B and L dependents like H4 and L2 are also not issued 214b denials.
This same intention of staying back in US permanently is not allowed for temporary visa like B1/B2 – visitor/Business and F1 study visa.
USA Visitor Visa - B1/B2