US visa rejection: What is Section 214(b) and why does it matter?

Indian executives report US B1/B2 visa denials under Section 214(b). Here's what the rule means and what happens after a refusal

Several Indian executives have, in recent months, spoken about being refused US visitor visas under Section 214(b), bringing renewed attention to one of the most common grounds for rejection. The refusals come at a time when visa officers are seen as taking a closer look at applicants seeking entry to the United States.

 

On Tuesday, Jasveer Singh, Chief Executive of matchmaking app Knot Dating, said he was denied a B1/B2 visa under the same provision. He said he was told he could not prove strong enough ties to India to satisfy the officer that he would return after his visit.

   

Singh said he runs a company, employs people and pays taxes in India, but the outcome showed these factors were not considered sufficient.

 

What is Section 214(b) and why does it matter?

 

Section 214(b) of the US Immigration and Nationality Act is one of the most common reasons for refusal of non-immigrant visas, including tourist and business visas. It applies when an applicant fails to convince the consular officer that they will return to their home country after a temporary stay in the United States.

 

According to the US Department of State, a visa is a privilege, not a guaranteed right. It can be denied or revoked if the officer doubts an applicant’s intent or credibility. Even minor inconsistencies or perceived weaknesses in ties to the home country can result in refusal under this provision.

 

What does a denial under Section 214(b) mean?

 

A refusal under Section 214(b) means:

 

• The applicant did not sufficiently demonstrate that they qualify for the visa category they applied for.

• They did not overcome the legal presumption of immigrant intent by showing strong ties to their home country that would compel them to leave the United States at the end of their temporary stay.

 

Under US law, every applicant for a non-immigrant visa, whether tourist, business or student, is presumed to be an intending immigrant unless they can prove otherwise.

 

There is no fixed formula. Consular officers assess each case individually, looking at the applicant’s circumstances, travel plans, financial resources, social media posts and ties outside the United States. Factors such as job profile, business ownership, salary, property and marital status can all play a role.

 

Another Indian entrepreneur, Dhananjay Yadav, recently said he was refused a visa after being questioned about his salary. As a founder, he said his formal salary was minimal.

 

Immigration attorney Steven Brown criticised the pattern of refusals in a post on X. “There is no rhyme or reason behind 214(b) denials. Some are absurd and the consular officers only go for ‘vibes’ and not evidence,” said Brown. “Consulates around the world hand 214(b) denials like candy for B visas. Many of them are absolutely absurd and based on vibes not evidence,” he added.

 

What happens after a 214(b) refusal?

 

A decision under Section 214(b) cannot be appealed. However, it is not a permanent bar. Applicants are free to apply again.

 

When reapplying, they are expected to provide new or additional information beyond what was submitted in the earlier application that was refused. Without any change in circumstances or documentation, the outcome is unlikely to differ.