Applicants who do not qualify for a nonimmigrant visa will receive a blue letter from the consular officer at the end of the interview. This letter indicates that you do not qualify under Section 214(b) of the Immigration and Nationality Act.
This law states, in part, that every applicant for a nonimmigrant visa “shall be presumed to be an immigrant until (s)he establishes to the satisfaction of the consular officer, at the time of application for a visa, . . .that (s)he is entitled to nonimmigrant status.” This statutory presumption of immigration may be overcome by demonstrating sufficiently strong familial, social, professional, and economic ties to a country outside the United States that would compel return after a temporary stay in the United States.
Ties are various aspects of your life that bind you to your country of residence, like your profession, employment, social and family relationships, and properties. All of these factors are considered in the process, and U.S. immigration law requires that the visa application be refused if these strong ties are not apparent.
If the consular officer determines that you are not qualified for a visa under 214(b), you cannot appeal this decision or receive a waiver for your ineligibility. If you feel that you do qualify under the law, you may reapply and speak to a different consular officer. Please note, however, that all consular officers apply the same immigration law to their decisions.
For more information, see our blog post “Social, Family, and Economic Ties.”