In response to increasing nonimmigrant visa workloads, the State Department has issued a proposed rule that would limit grant consular offices the right to impose a six month wait on persons seeking to reapply for a nonimmigrant visa after being denied under Section 214(b) of the Immigration and Nationality Act. Section 214(b) establishes a presumption that an alien is an intending immigrant. The only exception is when the alien can establish entitlement to a nonimmigrant visa.
The State Department claims that consulates are spending significant funds on re-applications essentially presenting the same documentation. Limiting reapplications would save considerable money and time, according to the INS.
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