A student recently faced an unexpected visa dilemma after being denied an F-1 visa, even though they already held a valid B-1/B-2 visa. The refusal, issued under Section 214(b), has sparked confusion and concern among applicants about U.S. consular decisions.
F-1 Visa Rejected Despite Existing B-1/B-2
The student was denied the F-1 student visa because the consular officer decided they lacked sufficient “ties” to their home country. However, the applicant argued that they had previously proven such ties when receiving their B-1/B-2 visa also a non-immigrant category that requires evidence of returning home.
Experts Explain the Difference Between Both Visas
Immigration experts clarified that while both are non-immigrant visas, the F-1 visa allows potential work authorization through OPT (Optional Practical Training) or later transitions to an H-1B work visa. This pathway creates what officers interpret as a possible immigrant intent, making students more vulnerable to rejection under Section 214(b).
How 214(b) Rejections Affect Future Travel
A 214(b) refusal means the officer believes the applicant intends to stay permanently in the U.S. This is a subjective determination and can have further consequences. Experts caution that travelling on the existing B-1/B-2 visa after such a rejection may trigger additional scrutiny and even visa cancellation at port of entry.
Uncertainty Over U.S. Visa Policies
This case reflects the ongoing uncertainty surrounding U.S. immigration policy, especially for students. Despite holding valid visas, travellers risk cancellation or denial based on individual officer judgments. Many applicants now fear that even complying with all rules doesn’t guarantee a fair decision.
