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My O-1 visa was refused under 214(b); what does this mean? Can I reapply for a visa if it was refused under 214(b)?
Bridget Ramos • Dec 29, 2021
Click here to read this article in Portuguese
Under Section 214(b) of the Immigration and Naturalization Act, every alien is presumed to be an immigrant until s/he establishes to the satisfaction of the consular officer that s/he is entitled to nonimmigrant status. In other words, every alien must overcome the presumption that they do not intend to permanently remain in the United States following the end of their nonimmigrant visa stay.
If you were refused a visa under 214(b), this means that the consular officer did not believe that you had the intent to return to your home country following the end of your O-1 visa because you did not provide sufficient evidence to show strong ties to your home country. Typically, nonimmigrants must show that they possess a residence abroad that they will return to following the end of their approved stay. This requirement under 214(b) applies to nonimmigrant visa classifications including B, F, H (except H-1), J, M, O-2, P, and Q.
However, there is an exception for O-1 visa applicants. Although applicants for the O-1 visa must show that they only intend to remain temporarily in the United States, an applicant for the O-1 visa is not required to show that they possess a residence abroad. If you were denied an O-1 visa for lack of a residence abroad, this is an error in the application of the law, and you may contest the consular officer’s decision.
A refusal under 214(b) does not prevent you from reapplying for a visa. You may reapply for a visa but be prepared and have sufficient documentation showing that you possess strong ties to your home country. Strong ties can include family members, a job, bank accounts, or any aspect of your life that binds you to your home country.
This blog is not intended to be legal advice and nothing here should be construed as establishing an attorney client relationship. Please schedule a consultation with an immigration attorney before acting on any information read here.
Bridget Ramos
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