42 reasons for a 214(b) denial

Posted on November 25, 2025

The list continues to grow. When we wrote the original article for the Consular Handbook of the American Immigration Lawyers Association nearly 15 years ago, we named the 25 Top Reasons for a 214(b) Denial. That list later expanded to 34. Now, it stands at 42.

Much of this is attributable to Trump and consular supervisors worldwide. Rather than going through Congress to legislate new legal bases for denying visas, they have shoehorned new types of and pretexts for visa denials into Section 214(b): “anti-American” social media postings; “pro-Palestinian” statements made by F-1 students; any type of encounter with law enforcement, no matter how long ago it took place, even when the individual received numerous visas after the incident; nationality-based; profession-based; alleged vague or non-qualifying job descriptions for TN applicants; imagined immigrant intent doubts for E-2, J-1, and O-1 applicants. All visa adjudications are supposed to be governed by a reasonable person-decisionmaker standard, but that has not stopped them. And so the list keeps growing longer and longer. By the end of Trump’s term, we have little doubt that the list will expand beyond 50.

In the meantime, check out our updated article in the 214(b) section of this website. If we are missing anything, feel free to write to us at white@bridgewest.com In the meantime, if you would like to discuss your 214(b) situation with us, please contact us.

Tags:214(b)visa refusal US visa lawyer US immigration lawyer consular officers Department of State E-2 visa J-1 visa O-1 visa TN visa F-1 visa

Case Studies

U had been granted nonimmigrant waivers for his E-2 visas. He required a nonimmigrant waiver because a consul had accused him of lying to Customs and Border Protection, an accusation that he did not agree with. He had no reason to lie and had relied on the advice of his lawyer in maintaining his status in the United States. But rather than “appeal” the consular officer’s decision to permanently bar him under Section 212(a)(6)(C)(i) for a willful, material misrepresentation, he took the path of least resistance: requesting a nonimmigrant waiver. He was granted the nonimmigrant waiver two times. But years later, the need for the waiver continued to gnaw at him — “why do I need this waiver when I didn’t do anything wrong?” he thought. It was a matter of pride and principle for him. So he contacted us. After analyzing his situation and gathering evidence that he had indeed relied on his lawyer’s advice and that he had acted honestly and in good faith, 8 years after the consular misrepresentation decision had been made, we challenged it. 3 months later, the misrepresentation decision was rescinded. He no longer required a waiver. U then received a new E-2 visa — without a waiver.

Case of U.C.

More case studies

42 reasons for a 214(b) denial

42 reasons for a 214(b) denial

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