Many international students are refused US study visas for various reasons. The consular officers are required to mention a reason for not granting a study visa, which could fall under a specific section of the law.
One of the most common reasons for not getting an F-1 study visa could fall under section 214(b). If rejected, one can reapply for US study visa later.
What is section 214(b) of the U.S. visa?
This law applies only to nonimmigrant visa categories. If you are refused a visa under section 214(b), it means that you:
Did not sufficiently demonstrate to the consular officer that you qualify for the nonimmigrant visa category you applied for; and/or
Did not overcome the presumption of immigrant intent, required by law, by sufficiently demonstrating that you have strong ties to your home country that will compel you to leave the United States at the end of your temporary stay. However, H-1B and L visa applicants, along with their spouse and any minor children, are excluded from this requirement.
What are considered strong ties to my home country?
The different facets of your life that connect you to your nation of origin are known as ties. This strong bond differs from nation to nation, city to city, and individual to individual. But examples include your job, your home and your relationships with family and friends.
While conducting visa interviews, consular officers look at each application individually and consider the applicant’s circumstances, travel plans, financial resources, and ties outside of the United States that will ensure the applicant’s departure after a temporary visit.
Applicants usually meet this requirement by demonstrating that they have strong ties in the home country that indicate that they will return home after a temporary visit and on completion of their studies to the United States.
Such ties include professional, work, school, family, or social links in the home country. If you fail to demonstrate that you have the ties that will compel you to return to your home country after your travel to the United States.
Is a refusal under section 214(b) permanent?
If you have been refused a visa under section 214(b), it is not permanent.
A refusal, or ineligibility, under section 214(b) is for that specific application, so once a case is closed, the consular section cannot take any further action.
How do I overcome a 214(b) visa rejection?
There is no appeal process if your visa is rejected under section 214(b). However, if you feel there is additional information that should be considered related to the visa decision, or there are significant changes in your circumstances since your last application, you may reapply for a visa.
To reapply, you must complete a new application form, pay the application fee, and schedule an appointment for a new interview. If you choose to reapply, you should be prepared to provide information that was not presented in your original application, or to demonstrate that your circumstances have changed since that application.
Good News for Students
Congresswoman Veronica Escobar and Congresswoman María Elvira Salazar, along with a group of 20 lawmakers, sponsored the DIGNITY Act of 2025, which proposes to alter F student visas to be of “dual intent.”