Key Takeaways:
- The most common reason visas are denied is failure to demonstrate nonimmigrant intent.
- The second most common visa denial reason is that applicants fail to provide enough information to show that they’re qualified.
- To avoid denial, provide a complete application and, if applying for a nonimmigrant visa, provide specific evidence of your ties to your country.
If you’re applying for a U.S. visa, you likely don’t want to think about it being rejected. But knowing why visas commonly get denied is one of the most powerful ways to avoid losing time and money due to a minor mistake that could have been avoided. For example, the most common reason for visa denials is failure by a temporary visa applicant to prove their intent to leave the U.S. once their visa expires. But there are several other reasons you may be turned down for a visa.
Below, we explore common visa denial reasons, how to understand the reason for denial and how you may respond.
Why would a visa be denied?
The U.S. government may deny your visa application if you fail to prove you’re qualified or if you’re “inadmissible” to the U.S. You become inadmissible by violating certain laws or fitting into certain categories.
The most common reasons for visa denial include:
- Failure to prove nonimmigrant intent
- Failure to provide adequate information
- Time in the U.S. without legal authorization
- Fraud or misrepresentation
Not every rejection reason applies to every visa type. For example, you don’t need to prove you have nonimmigrant intent if you’re applying for an immigrant visa.
What does visa denial look like?
When the U.S. government denies a visa, they have to tell you why. What this explanation looks like, including how detailed it is, may vary based on which governmental entity makes the decision.
Outside the U.S., noncitizens apply for visas from U.S. consulates and embassies. Inside the U.S., noncitizens apply through United States Citizenship and Immigration Services (USCIS). These organizations coordinate, sharing information about denied applications and reasons for denial.
USCIS generally sends a letter to the applicant explaining the denial. Depending on whether the type of visa currently allows online applications, USCIS may send the denial electronically or through the mail. The letter should identify the legal reason for your denial and advise you of any appeal rights.
Unfortunately, the explanation is frequently brief and hard to understand. It may provide the relevant section of the Immigration and Nationality Act (INA, the law defining visa qualifications and inadmissibility) and little else. As a result, even people with legal backgrounds end up befuddled about how to check visa rejection reasons, even as they stare the reasons in the face.
Pro tip:
If you’re unsure why your application was denied, you may contact the officer who interviewed you to ask. If they’re unresponsive, consider consulting a lawyer or cross-referencing your denial with the INA.
On the other hand, consulates may offer little explanation. They may provide a slip of paper in person, send a message through their online application portal or send a brief letter. And consulates use less standardized forms, so what you receive may vary from consulate to consulate.
In either case, to help shed more light on this issue, we identify INA sections along with the common visa denial reasons rejection reasons below.
Visa denial reason: nonimmigrant intent: INA 214(b)
The most common reason the government denies visa applications is that the applicant failed to prove they had nonimmigrant intent. A primer on visas helps this phrase make sense.
Nonimmigrant visas are temporary and have specific purposes. Immigrant visas are permanent and make you a lawful permanent resident (LPR)—a green card holder.
To qualify for most nonimmigrant visas, you must prove that you don’t intend to settle in the U.S. long term. You do this by providing documents and specific details with your application.
Pro tip:
To prove nonimmigrant intent, you need to provide enough details to convince the officer reviewing your application that you intend to depart the U.S. when your visa expires. In the absence of specific evidence, an officer may look through the rest of your application to see if what you provided suggests nonimmigrant intent. If they aren’t convinced by what they find, the law says they should assume you lack nonimmigrant intent—and deny your application.
Visas covered
This requirement applies to most nonimmigrant visas, including:
- Business and tourism visas (B-1/B-2 visas)
- Student visas (F, M and J visas)
- Temporary work visas (H-2A, H-2B, O, P, Q and R visas)
B-1/B-2 visas are the most commonly issued U.S. visa. Failing to prove nonimmigrant intent far surpasses other B-1/B-2 visa rejection reasons.
Two primary exceptions to the nonimmigrant intent requirement exist: L intracompany transferees and H-1B specialty workers. These visas allow you to hold dual intent, meaning intending to stay and not stay simultaneously. And K-1 fiancé(e) visas, despite being nonimmigrant visas, offer a path to permanent residence and don’t require nonimmigrant intent.
Pro tip:
The nonimmigrant intent requirement rarely prevents noncitizens from later obtaining an immigrant visa. The relevant period is when you’re applying for the visa. You aren’t penalized for changing your mind later.
Proving nonimmigrant intent
The easiest way to avoid a denial based on immigrant intent is to affirmatively show your nonimmigrant intent. You typically prove this by demonstrating strong ties to your home country. For example, you may offer documents showing that, in your home country, you have:
- Ongoing employment
- Friends and family
- An ongoing mortgage, lease or other evidence of continuing property interests
Unfortunately, overcoming a denial due to a lack of nonimmigrant intent is rare. Of the 2,231,447 nonimmigrant intent-related denials in 2023, about half a percent were overcome. One reason for this disparity may be limited knowledge about the requirement combined with the government’s limited explanations for denials.
Pro tip:
Indications that you have ties to the U.S.—such as friends or family who live there, especially immediate relatives—may lead the officer reviewing your application to scrutinize it more thoroughly. If you’re trying to get a nonimmigrant visa and have ties to both the U.S. and your home country, presenting your connections to your home country as the stronger pull may help you show nonimmigrant intent.
Visa denial reason: incomplete applications: INA 221(g)
INA 221(g) denials are the most common ground for immigrant visa denials. They’re also the most frequently overcome denial for immigrant and nonimmigrant visas. In 2023, applicants overcame approximately 90 percent of 221(g) immigrant visa denials and 88 percent of nonimmigrant visa denials.
If your application is denied for not providing enough information, the denial should explain what’s missing. To overcome the denial, provide the missing info.
To avoid denial in the first place, ensure you provide all requested information upfront and respond to all requests for information after you apply.
Visa denial reason: unlawful presence: INA 212(a)(9)(B)(i), 212(a)(9)(C)
When noncitizens spend time in the U.S. without lawful status, they begin to accrue unlawful presence. Generally, you must stay outside the U.S. for several years before you may qualify for a visa after accruing unlawful presence.
How long you spend in the U.S. without authorization affects how long you must stay out of the country:
- 180 days or less: no specific time
- 181 to 364 days: three years
- 365 days or longer: 10 years
Although you can’t erase unlawful presence, you may apply for a waiver from USCIS to improve your chances of having your visa approved.
Visa denial reason: fraud or misrepresentation: INA 212(a)(6)(C)(i)
A noncitizen who willfully misrepresents a material fact to obtain immigration benefits becomes permanently ineligible for any U.S. visa. Unless you qualify for and obtain a waiver, the government will deny any reapplications, whether you apply in a different country, apply for a different visa or change anything else.
A fact is material if it might change the final decision to issue or reject a visa. For example, the following may be material facts:
- Having a criminal history
- Claiming to have different qualifications than you have
- Failing to disclose unlawful presence
Pro tip:
This last example is particularly important. Unlawful presence may lead to temporary visa ineligibility, but choosing to lie about it may lead to permanent visa ineligibility. Carefully disclosing details, even if they might hurt your case, may prove better than trying to hide them.
How do I respond if my visa is denied?
If the government rejects your application, you may respond by:
- Overcoming the denial by proving you’re qualified
- Correcting the issues with your application and resubmitting your application
- Accepting the denial
Only some visa denial reasons may be overcome. Others may require you to request a waiver from the U.S. government before you reapply. Still others might reflect permanent issues preventing you from getting a visa.
How a lawyer may help
By reading this article, you’re already on the path to avoiding visa denial. By understanding nonimmigrant intent, you can get ahead of the most common visa denial reason. And if you fully complete your application and provide all requested documents within the government’s deadlines, you avoid the two most common reasons the government denies visas.
Another way to avoid denial is to consult an immigration attorney. Your lawyer can help you prepare a complete application, understand terms like nonimmigrant intent and how they might apply to you and identify issues before they have a chance to interfere with your chances of getting a visa.
Sources
https://www.uscis.gov/laws-and-policy/legislation/immigration-and-nationality-act
https://travel.state.gov/content/travel/en/us-visas/employment/temporary-worker-visas.html
https://www.uscis.gov/working-in-the-united-states/h-1b-specialty-occupations
https://www.uscis.gov/family/family-of-us-citizens/visas-for-fiancees-of-us-citizens
https://www.uscis.gov/laws-and-policy/other-resources/unlawful-presence-and-inadmissibility
