Proposed Bar for Nonimmigrant Visa Applicant for 6 Months if 214(b) Refusal
Prior to May 1998

The U.S. Department of State has issued a proposed rule to formalize the policy that a person who is applying for a nonimmigrant visa and who is denied the visa based on the person being an intended immigrant, that is not establishing to the satisfaction of the consular official that the person has strong ties to the home country [Section 214(b) refusal], should be barred from applying for the nonimmigrant visa classification for 6 months.

Consular offices abroad have been experiencing an ever- increasing volume of nonimmigrant visa (NIV) applications. Some have had to begin declining to accept new applications from persons denied as intending immigrants in the recent past. This proposed rule would put this practice on a regulatory footing by formalizing a non- acceptance-for-six-months policy with respect to a new application from an alien whose prior NIV application has been refused under the provisions of INA 214(b).

DATES: Written comments must be received on or before May 18, 1998.

ADDRESSES: Written comments should be submitted, in duplicate, to the Chief, Legislation and Regulations Division, Visa Services, Department of State, Washington, D.C. 20520-0106.

Many countries like India have already been implementing this rule by the U.S. consulates. This rule proposes to uniformly apply the rule to all countries.