The US Immigration and Naturalization Service ("INS") is proposing to amend its regulations so that visitors with B-2 tourist visas will no longer automatically be granted a minimum period of six months stay at each entry. Instead the proposed change will provide for tourists with B-2 visas to be admitted to the US for a period of time that is "fair and reasonable for the completion of the purpose of the visit." This change for tourists will be consistent with the existing policy for business visitors with B-1 visas. This proposal will not change the 90 day period of admission accorded to both tourists and business visitors who enter the US under the Visa Waiver Program which is currently available to qualifying nationals of 28 designated countries.
Under existing regulations, visitors for pleasure entering the US with a B-2 visa are granted a minimum stay of six months. In contrast, business visitors are questioned at entry into the US as to the anticipated duration of their visit and they are generally then admitted for the period of time necessary for them to complete the stated purpose of their business visit. In a statement coinciding with the publication of the proposed rule on 12th April in the Federal Register, the INS advised that it will base the admission period for B-2 visitors on the amount of time needed to accomplish the purpose of the trip, which in many cases, will be just 30 days.
However, the proposed rule does not automatically limit B-2 visitors for pleasure to a 30-day stay in the US. The burden will be on the visitor to explain to the INS inspector the purpose and nature of the visit so that the inspector can determine the fair and reasonable time to complete the purpose of the visit. The INS notes that in ambiguous situations where the fair and reasonable time cannot be determined, the B-1 or B-2 visitor should be admitted for a period of 30 days.
The other proposed rule changes include the following:
- A reduction of the maximum initial admission period for all B visa entrants (tourists and business visitors) from one year to six months. The INS believes that this reduced admission period will promote the security of the US and will reduce the likelihood that a visitor will establish permanent ties in the US and remain in the country illegally.
- Limitations on the conditions for which all B visitors may be granted an extension of stay and reducing the maximum length of that extension. While B visitors for business or pleasure will continue to be eligible to apply for extensions of stay in the US, the basis for the extension request must now be a result of unexpected events, compelling humanitarian reasons or pursuant to INS policy directives. However, the INS recognises that some individuals may have specific and legitimate reasons for their visit to require a stay longer than 6 months. Individuals seeking an extension of stay as a visitor in the US must document that they are maintaining a residence outside the US and that they adequate financial resources to continue the temporary stay in the US.
- Prohibitions on B visitors from changing to student status unless they state an intention to study in the US at the time of admission. An individual entering the US with a B visa who is seeking to attend school in the US must convey their intent to study in the US to the INS inspector at entry. Alternatively, they must depart the US and apply for a student at a US Embassy or Consulate.
These proposed rules are subject to a public comment period (written submissions are due by 13 May 2002) before they become final.
For further information, please contact:
Julia Onslow-Cole, Partner and Head of Global Immigration
Phone: +44 (0)20 7367 2733
Email: julia.onslow-cole@cms-cmck.com
Liane Cooney, US Immigration Lawyer
Phone: +44 (0)20 7367 3618
Email: liane.cooney@cms-cmck.com
