Executives and CEOs around the world complaining that they are being denied a US visa under 214(b) put the most common ground of visa refusal back in the limelight at a time when the visa officers are extremely cautious over whom to allow entry to the US. Jasveer Singh, an Indian CEO of a matchmaking app Knot Dating, was refused a B1/B2 visa on the same ground and he was told that he could not prove strong ties to his home country India to convince the visa officers that he would not want to settle in the US, but has to come back to India. Singh said he runs a company, pays people, pays taxes to the country but as the outcome suggests, these factors were not enough. US Embassy in London is also denying visas to executives over past offences that did not even involve any arrest or conviction but possibly a police warning.
What does a visa denial under INA section 214(b) mean?
This means the applicant did not sufficiently demonstrate to the consular officer that they qualify for the visa category they applied for. They did not overcome the presumption of immigrant intent, required by law, by sufficiently demonstrating that they have strong ties to their home country that will compel them to leave the United States at the end of their temporary stay.
What are the factors considered as strong ties to the home country?
There is no one-size-fits-all answer as consular officers look at each application individually and consider the applicant’s circumstances, travel plans, financial resources and ties outside of the US. Job, home, salary, and marital status are all crucial factors in making this decision. Another Indian CEO, Dhananjay Yadav, recently claimed that he was refused a visa after he was asked about his salary, and as a founder, his salary was minimal, he said. Every applicant for a non-immigrant visa (tourist, business, student) is presumed to be an intending immigrant unless they can provide otherwise. Immigration attorney Steven Brown said there is no rhyme or reason behind 214(b) denials. Some are absurd and the consular officers only go for “vibes” and not evidence. “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,” Brown said.
What happens after 214(b) denial?
The decision can not be appealed but this is not a ban. The applicant can apply again but they have to ensure that they provide new information other than what they already presented in the one that got rejected.
