Nonimmigrant Intent

Most foreign nationals applying for a US nonimmigrant visa are required to demonstrate that they plan to return home when they’re done with their intended program or activity. This standard, known as “Nonimmigrant Intent”, requires the individual to have a residence abroad that they have no intention of abandoning.

The US Immigration and Nationality Act (INA) requires the consular officer who considers your nonimmigrant visa application to assume that you want to immigrate to or remain in the US permanently. You must prove you have sufficient ties to your home country that will compel you to leave the United States after your temporary stay here.

This assumption can be difficult to overcome, which is why the most common reason for a visa denial is a failure to satisfy nonimmigrant intent.

Establishing nonimmigrant intent

During your visa interview (part of the visa application process), you must present evidence that you do not intend to abandon your home country and that you have significant economic, professional, and personal ties or reasons to return home once your program or activity is completed. Strong ties aren’t strictly defined and vary considerably by country, region, and individual.

Consular officers have a lot of discretion to decide whether the applicant has demonstrated sufficient nonimmigrant intent. It may help to collect supporting documentation to demonstrate:

• Property ownership
• Investments and other financial assets
• Family and other social relationships
• Offer of future employment

These items aren’t mandatory, and they don’t guarantee that your visa will be approved. Instead, each applicant is evaluated individually during their interview.

Officers understand that younger applicants, such as undergraduate students, may not have the same opportunities to establish formal ties. You should be prepared to speak about your intentions and goals, long-term prospects, and reasons to return home. However, there’s no standard combination of documents or circumstances that will automatically satisfy nonimmigrant intent.