a. In any NIV case involving a refusal under any provision of the law, the post must also provide the applicant and any attorney of record with a completed page 1 of Form
OF-194, Visa Refusal Letter (see 9 FAM 41.121 Exhibit I), setting forth the ground(s) of refusal. Posts may also draft their own non-standard, case-specific refusal letters in high profile or otherwise sensitive cases, to lay out the specific factual basis for the finding or to address rebuttal points made by an applicant. Such letters may be used at the consular officer’s discretion and may be drafted without Departmental approval. However, any such letters are to beused in addition to, not in lieu of, page 1 of the Form OF-194 (see 9 FAM 41.121 Exhibits III and IV).
b. Posts should reproduce page 1 of the Form OF-194 in the language of the host country, and the letter should be addressed to the applicant using the applicant’s complete name. Posts may translate the Form OF-194 without prior approval of the Department, provided that any translation accurately conveys the English language text.
c. INA 212(

, which requires that the consular officer provide the applicant with a timely written notice in most cases involving a 212(a) refusal, also provides for a waiver of this requirement. Consular officers are reminded that only the Department may grant a waiver of the written notice requirement. Furthermore, although 212(

also exempts findings of ineligibility under INA 212(a)(2) and (3) from the written notice requirement, the Department expects that, in accordance with the Department’s regulations and these notes, such notices will be provided to the alien in all 212(a)(2) and (3) cases unless the consular officer has received specific approval from the Department not to provide a notice in a specific case or group of cases.