Decoding 221(g) Visa Refusals

Foreign nationals applying for U.S. visas are generally interviewed at a consulate or embassy outside of the U.S. If a visa is denied, the reviewing consular officer typically notifies the applicant of the relevant section of law which formed the basis of the denial. There are several grounds under the U.S. Immigration and Nationality Act ("INA") which allow for a visa denial. One of the most widely cited is section 214(b) of the INA – presumption of immigrant intent; typical explanations include lack of social and economic ties to the applicant's home country, inability to demonstrate the intent to return home or uncertainty around the claimed purpose of travel. But quite common is also another denial or refusal ground: section 221(g) of the INA, which is slightly nuanced.

The INA section 221(g) visa refusal can be misconstrued as a 'final' determination of the visa application. It does not mean a final visa denial, closing the door. A 221(g) denial or refusal letter or slip is issued when the consular officer cannot immediately approve the visa application because they need further documentation or the application might warrant certain checks. This simply means that the visa application is put on hold until further evidence is provided or necessary checks are completed. Such visa refusals thus may be overturned.

If a visa application is denied under INA 221(g) for missing documents or information, the consulate will indicate the additional items and the applicant gets a chance to provide them later, following which, consulates (in most cases, swiftly) issue their final decision. However, consulates place visa applications in administrative processing without indicating the issue, leaving applicants to guess.

This article discusses the common reasons causing a 221(g) refusal and what applicants need to bear in mind.

Common Triggers:

• Missing information– This is perhaps the most common reason. If any material information is missing or inaccurate, the officer will likely withhold a final decision and will request further information as they deem fit. For example, in E-2 cases, where there is incomplete documentation regarding the investment amount, the officer might outline the specific items needed to assess that criterion.
• Additional checks - in certain situations, a consular officer will need to verify certain data or perform additional checks which could include security clearance checks. In L-1 new office cases for instance, officers may want to visit the premises of the foreign employer to verify the claimed nature of business or any other aspect of the company or beneficiary's employment that might need investigation.
• Criminal history - if an applicant has a criminal record, the consular officer may need to conduct additional checks to determine their visa eligibility and may request evidence such as police records and court orders.
• Material misrepresentation and/or fraud - when an officer suspects fraud or observes material inconsistencies between the information presented in the petition and the applicant's responses, the consular officer may choose to perform additional checks or forward the application to the consulate's Fraud Prevention Unit for further investigation which could involve site visits and interviews.
• Legal issues - a visa application may be put on hold if a material legal point needs further review or guidance. For example, in cases involving complex ownership corporate structures for E-2 and/or L-1 visas, an officer may want to seek guidance from their supervisor or wish to review necessary regulations and departmental guidance.
• Petitioner information management service (PIMS) - After the United States Citizenship and Immigration Services ("USCIS") approves an employer-based petition, the approval information is entered into the PIMS database system which enables consular officers at embassies and consulates to verify the petition approval. When the approval information is not entered into the system, an officer may place the application in administrative processing.
• Prior visa denial - a prior visa denial does not necessarily affect a future visa application in the same category (or a different one). That said, if an applicant is unable to explain satisfactorily the change in circumstances from the last visa denial if applying in the same visa category, the consular officer may issue a 221g notice requesting further documentary evidence to explain the change in circumstances.

Trump 2.0 Developments

Since President Trump returned to office, the administration has implemented a series of immigration policies that have affected companies and foreign nationals. These measures include increased enhanced security screenings and expanded social media vetting by the Department of State ("DOS"). On June 18, 2025, DOS announced new visa screening requirements that will significantly affect F, M, and J visa applicants.¹ These changes include heightened vetting and mandatory social media disclosure requiring applicants to adjust their social media account privacy settings to "public." Social media posts that could be perceived as supporting terrorism or antisemitic views can now form a basis for a visa denial. Many such applicants could be issued a temporary 221(g) visa denial, allowing consulates time for additional review of social media accounts.

For non-immigrant visa waiver eligibility, DOS is revising criteria (effective September 2, 2025) which will require in-person interviews for most visa applicants, including those who were previously exempt due to age or visa renewal status. Going forward, all non-immigrant applicants (with limited exceptions), including minors under 14 years and adults over 75, will be required to attend an in-person interview with a consular officer. Prior to this change, certain non-immigrant visa applications (applying in H-1B, L-1, F-1, and O-1 categories) were able to have their applications processed via "drop box." The change will likely increase visa appointment and overall processing times.

In August, the Trump administration directed government officials to probe any "anti-American" views and activities of foreign nationals applying for green cards and work visa visas, further expanding the grounds for denial. In their policy alert of August 19, 2025, USCIS said that it is updating their policy manual, providing new guidance to officers regarding factors to consider, including any factors relating to involvement in any anti-American activities, for cases involving discretionary analysis. It remains to be seen as to what constitutes "anti-American." This directive could possibly contribute to an increase in 221(g) issuances at the consulate.

221(g) Timeline and Next Steps

There is, unfortunately, no predictable timeline to the administrative processing phase; it can range from a few weeks to several months. That said, most cases are generally resolved within weeks.

DOS has stated that their goal is to complete administrative processing within 60 days. It is advisable to write to the post (via email or their online portal²) inquiring about a case status in the event there is no decision within this timeframe. If you believe that the consular officer expressed concern regarding a specific point or that you were unable to answer a material question, it might help to address that particular concern or question. If documents or information is requested, the requisite items should be submitted promptly as per their instructions.

Once the administrative processing is complete, the consulate will issue the visa or deny it. In cases where fraud is suspected, the consulate may transfer the case back to the USCIS, recommending revocation of the underlying petition.

If the case is stuck in administrative delay for an excessive period, a mandamus lawsuit could be an option, seeking a federal court's order to compel the post to adjudicate the visa application. Alternatively, it may help to contact your local congressional representative for assistance in getting the adjudication expedited. This does not guarantee faster processing, but it can help in certain urgent situations. In some cases, waiting it out might be the best option, particularly where there are legitimate concerns. For example, if an H-1B is stuck in 221(g) administrative processing owing to an issue around the sponsor's background, a mandamus lawsuit will not necessarily get the process expedited or the visa approved.

Prepare and Prevent

Administrative processing not only prolongs visa adjudication but adds uncertainty; hence, it is important to apply well in advance and factor in such delays. Certain elements triggering administrative delays are beyond one's control. That said, to minimize chances of delays, the applicant should be prepared to answer all questions as best they can, and truthfully. If there is anything in the individual's petition or background that might warrant scrutiny, one should ensure that there is necessary explanation and supporting evidence. Importantly, it helps tremendously to understand in-depth the requirements of one's visa category and be well versed with key petition documents. As a rule of good practice, the applicant should carry all pertinent paperwork to the interview.

While DOS does not publish statistical data on 221(g) cases, arguably, a majority of cases are approved after completion of the additional review. However, it is important for applicants to know that if the consulate denies the visa, there is no legal remedy (except for rarest of situations) owing to the "doctrine of consular non-reviewability," which gives consular officers almost unfettered discretion over visa decisions. They are not required to provide factual explanations for visa denials.

In conclusion, applicants may want to plan and budget for potential delays when scheduling travel, employment, studies, or other activities in the United States. With enhanced vetting, it is quite likely that administrative processing is not only here to stay, but there is a likelihood it will increase considerably. It remains important more than ever before to prepare thoroughly, understand the visa process, vetting rules and seek guidance to avoid any undesired impact.

Footnotes

1. https://www.state.gov/releases/office-of-the-spokesperson/2025/06/announcement-of-expanded-screening-and-vetting-for-visa-applicants

2. The primary online portal managed by the DOS is CEAC (Consular Electronic Application Center) where applicants can track their visa application status and receive notifications. CEAC will typically show a visa status of "Refused" until the processing is completed and resolved. https://ceac.state.gov/ceac/.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.