Nonimmigrant Intent
Nonimmigrant intent means you plan to stay in the United States only temporarily and to leave when your authorized stay ends. Most temporary visas, including B-1/B-2 visitor, F-1 student, and J-1 visas, require it.
Why it matters
Under section 214(b) of the Immigration and Nationality Act, a consular officer must presume that every visa applicant intends to immigrate unless they prove otherwise. You overcome this by showing strong ties to your home country, such as a job, family, property, or studies you will return to.
If you cannot, the officer refuses the visa under 214(b). This is the most common reason for visitor and student visa refusals. You can reapply, but only new facts usually change the result.
A few categories allow dual intent, such as H-1B and L-1. See our visa interview guide and visa denials and waivers.
Frequently asked questions
What is a 214(b) refusal?
A visa denial because the officer was not convinced you will leave the US at the end of your stay.
Can I apply for a green card after entering on a visitor visa?
Entering with a hidden plan to immigrate can be treated as misrepresentation. Talk to a lawyer before taking any step.
Is a 214(b) refusal permanent?
No. You can reapply at any time, ideally when your situation has changed.
Official sources
- State Department: Visa denialstravel.state.gov
General information, not legal advice. NorthAmericans.com is independent and not affiliated with any government.