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FY 2024 Visa Adjudication Trends: What Employers Should Know
In July 2025, the Visa Office of the Department of State published its annual Report of the Visa Office for fiscal year 2024. Frank J. Fogelbach, Managing Attorney, conducted a detailed review of the data to surface insights that matter to the business immigration community. This analysis highlights key government statistics, uncovers emerging trends and offers historical context that may illuminate the connections between immigration outcomes, economic forces, both micro and macro, and shifts in public policy.
Continue reading to explore the data, trace the trends and discover what the numbers reveal about the evolving landscape of business immigration.
What Is Visa Adjudication?
Visa adjudication is the official process by which a consular officer or immigration authority reviews, evaluates and makes a final decision on a visa application. This decision determines whether a visa is issued, refused or delayed due to additional requirements.
In the context of U.S. immigration, visa adjudication involves:
- Verifying eligibility under immigration law
- Assessing supporting documentation and application forms
- Conducting interviews (for certain visa types)
- Applying specific refusal grounds such as 214(b) or 221(g)
- Issuing a final determination on the visa application
New Visa Reporting Focuses on Applications, Not Applicants
Since 2019, the Visa Office has used an application-centric methodology for reporting visa statistics. Under this methodology, data is presented based on the final adjudication of each visa application for both Nonimmigrant (NIV) and immigrant visa (IV) categories. The methodology measures the total number of issuances or refusals in a particular scenario as the sum total of all applications issued or refused. It measures the total number of applications where decisions were ultimately reached, not the total number of applicants regardless of outcome.
Legal Challenges in FY 2024 Visa Adjudications
Building on this framework, the FY 2024 data reveal the scale of outcomes of legally contested visa applications:
- Immigrant Visas (IV): Nearly 274,000 immigrant visa applications were challenged on legal grounds, with roughly 79% of the challenges ultimately successful.
- Nonimmigrant Visas (NIV): On the NIV side, roughly 3.89 million applications faced legal challenges. Of those, only approximately 18% resulted in successful outcomes.
These outcome rates offer a high-level view of how legal challenges play out across visa categories. To better understand the underlying factors driving refusals, our team takes a closer look at the specific grounds of ineligibility.
Top Refusal Grounds and Overcoming Rates in FY 2024
The following section provides a summary of the most commonly cited grounds for visa refusals across both NIV and IV categories during Fiscal Year 2024. The data reflects the number of unique applications determined to be ineligible for issuance based on specific legal or procedural criteria.
INA Section |
Description |
Number of NIV Visa Applicants | |||
Ineligible |
Ineligibility Overcome |
Net Number of Refusals |
% Able to Overcome |
||
221(g) | Application does not comply w/ provisions of INA or regulations | 225,279 | 191245 | 34,933 | 84.89% |
212(a)(9)(B)(i)(II) | Unlawful presence 365 or more days )w/in 10yrs)(waiver) | 15,986 | 15,982 | 4 | 99.97% |
212(a)(6)(C)(i) | Misrepresentation | 6,422 | 1,026 | 5,396 | 15.98% |
212(a)(9)(C) | Unlawful presence after previous immigration violations | 4,285 | 929 | 3,187 | 26.47% |
212(a)(6)(E) | Smugglers of aliens | 4,285 | 929 | 3,187 | 26.47% |
212(a)(9)(B)(i)(II) | Unlawful presence 365 or more days (w/in 10 yrs) | 3,502 | 2,029 | 1,473 | 57.94% |
212(a)(1)(A)(i)(I) | Crime involving moral turpitude | 1,861 | 211 | 1,650 | 11.34% |
203(c) | Failure to fulfil education and work experience | 1,842 | 52 | 1,790 | 2.82% |
212(a)(1)(A)(iv) | Drug abuser or addict | 1,771 | 1,092 | 679 | 61.66% |
204(a)(1)(I) | Failure to comply with Diversity Visa Requirements | 1,379 | 45 | 1,134 | 3.26% |
Total | 266,660 | 213,758 | 52.902 | 80.16% |
Key Observations from FY 2024 Refusal Data
- Section 221(g) was the most frequent reference for ineligibility ground. However, approximately 85% of applicants were ultimately able to overcome the challenge.
- Applicants deemed unlawfully present for 10+ years faced near-total ineligibility. However, those who obtained a waiver were almost universally able to successfully overcome the refusal.
- Challenges related to education or work experience requirements proved the most difficult to overcome. Applicants who failed to meet these criteria were rarely able to reverse the refusal.
Beyond these general patterns, understanding the specific reasons behind visa refusals offers deeper insight into how U.S. immigration law is applied in practice. The following section highlights the most cited grounds of ineligibility and how often applicants were able to overcome them.
INA Section |
Description |
Number of NIV Visa Applicants | |||
Ineligible |
Ineligibility Overcome |
Net Number of Refusals |
% Able to Overcome |
||
214(b) | Failure to establish entitlement to nonimmigrant status | 3,010,544 | 11,910 | 2,998,634 | 0.40% |
221(g) | Application does not comply w/ provisions of INA or regulations | 809,735 | 672,461 | 137,274 | 83.05% |
212(a)(6)(C)(i) | Misrepresentation | 17,726 | 4,047 | 13,679 | 22.83% |
212(a)(9)(C) | Unlawful presence after previous immigration violations | 12,025 | 2,300 | 9,725 | 19.13% |
212(a)(1)(A)(i)(I) | Crime involving moral turpitude | 8,175 | 2,476 | 5,699 | 30.29% |
212(a)(9)(B)(i)(II) | Unlawful presence 365 or more days (w/in 10 yrs) | 6,812 | 498 | 6,314 | 7.31% |
212(a)(2)(A)(i)(II) | Controlled substance violations | 5,498 | 2,014 | 3,484 | 36.63% |
212(a)(6)(E) | Smugglers of aliens | 4,670 | 816 | 3,854 | 17.47% |
212(a)(2)(C)(i) | Illicit trafficker in any controlled substance | 3,705 | 665 | 3,040 | 17.95% |
212(a)(6)(C)(ii) | Falsely claiming citizenship | 1,538 | 405 | 1,133 | 26.33% |
Total | 3,880,428 | 697,592 | 3,182,836 | 17.98% |
Top Refusal Grounds and Overcoming Rates in FY 2024
- The most referenced ineligibility ground was 214(b), which also had the lowest percentage of eventual success; just 0.4% of applicants were able to overcome the challenge.
- 221(g) was cited frequently, but 83% of applicants were able to overcome the challenge and proceed with visa issuance.
- Controlled substance-related ineligibilities, including possession or trafficking, appeared more often in NIV applications than in IV cases.
Understanding Section 214(b) Refusals
Section 214(b) of the Immigration and Nationality Act is the most common reason for nonimmigrant visa denials. It presumes all applicants have immigrant intent unless they can clearly demonstrate otherwise.
A 214(b) refusal means the consular officer was not convinced the applicant would leave the U.S. after their authorized stay. This judgment is based on the applicant’s ties to their home country and the credibility of their travel purpose. Some common factors may include:
- Weak home country ties (e.g., limited employment, family or property)
- Vague or inconsistent travel plans
- Insufficient documentation
- Poor interview performance
- Demographic indicators (e.g., age, marital status, economic profile)
Important note: H-1B and L visa applicants, and their spouses and minor children, are exempt from the nonimmigrant intent requirement.
Why Refusal Trends Matter
Visa data isn’t just numbers; it reflects how policy, process and global mobility intersect. For HR and immigration teams navigating an increasingly complex landscape, understanding refusal trends and adjudication outcomes is critical. This analysis helps employers anticipate challenges, identify risk areas and make more informed decisions when sponsoring foreign talent.
By surfacing key patterns in visa adjudication and refusal grounds, we aim to equip the business immigration community with the insights needed to stay proactive, compliant and competitive in today’s global workforce environment.
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About the author: Frank J Fogelbach earned a Bachelor’s degree in Economics with a concentration in Econometrics from Loyola Marymount University in Los Angeles, California. He worked at the international think tank, The Milken Institute, as an Analyst in the Regional Economics Division before attending law school. Frank graduated from Tulane University Law School in 2008 and has been practicing immigration law for the past 13 years. He is currently a Managing Attorney at Corporate Immigration Partners, P.C. Frank is licensed to practice law in New York and California.
Content in this publication is for informational purposes only and not intended as legal advice, nor should it be relied on as such. Envoy Global is not a law firm, and does not provide legal advice. If you would like guidance on how this information may impact your particular situation and you are a client of the U.S. Law Firm, consult your attorney. If you are not a client of the U.S. Law Firm working with Envoy, consult another qualified professional. This website does not create an attorney-client relationship with the U.S. Law Firm.