The US Immigration and Naturalization Service (INS) has proposed three new rules and has already implemented another governing the proper use of tourist, business, and student visas in the U.S. These new INS rules do not affect visa issuance at U.S. embassies. Rules governing the issuance of visas, including tourist, business and student visas at US Embassies have not changed. The new INS regulations only concern the proper use of visas and authorized length of stay after the traveler arrives in the U.S. One of the changes is effective immediately, while other changes are proposals likely to become effective before the summer.

Studying in the U.S.

This proposed rule sets new requirements for B visa holders who wish to become students. Foreigners wishing to study in the United States are always expected to get the proper student visa ("F," "J" or "M" visa) at a U.S. Embassy or Consulate prior to traveling to the U.S. If a person travels to the United States on a different visa and wishes to change status and begin a course of study as a student, he or she will be prohibited from beginning that course of study prior to receiving INS approval to change status. A change of status request will only be considered if the intending student made his/her intentions clear to the INS officer upon entry to the US and that intention was noted on the intending student's entry form by the INS officer. Further, there is no guarantee that a change of status request will be approved.

This interim rule will take effect immediately once it has been published in the US Federal Register.

Effective immediately, B1 or B2 visitors are not permitted to study at a school in the United States prior to receiving INS approval of their request to change status to F (academic) or M (vocational) student.

Authorized Length of Stay for Tourist/Business (B) Visa Holders

Under this proposed rule, "B" (tourist or business) visa holders will no longer automatically receive a six-month admission period when they arrive in the US. Instead, each traveler will be permitted to stay in the US for "a period of time that is fair and reasonable for the completion of the purpose of the visit." When B visa holders apply for entry to the U.S., they must explain to an Immigration (INS) Inspector the nature and purpose of their visit. While INS will make every effort to determine a fair and reasonable time period, the burden of proof rests with the foreigner. When the time needed to accomplish the purpose of the visit cannot be determined, INS will grant a 30-day period of admission.

This proposed rule will be published in the US Federal Register for a comment period of 30 days, after which the regulation will be finalized.

Extensions of Authorized Stay

Under this proposed rule, requests for extensions to remain in the U.S. longer than the authorized stay will be granted only for unexpected or compelling humanitarian reasons. The maximum extension period from one year to six months.

No Rule Change if Entering on Visa Waiver Program

These changes do not affect the Visa Waiver Program. Travelers entering on the Visa Waiver Program will continue to be authorized to stay a maximum of 90 days in the U.S.

Remaining in the US longer than Authorized Stay (Overstay)

Overstaying the period of authorized stay can result in the denial of future visa and/or future entries into the U.S. Foreigners who overstay generally cannot change or extend their status, their visa becomes void and they may be removed from the U.S. In such cases, affected foreigners must apply for a new visa in their home country. However, overstaying almost certainly means both a new visa and readmission to the U.S. will be refused. Foreigners who overstay more than 180 days are barred from readmission for three years. Those who overstay more than one year are barred from readmission for ten years.

Additional Information

For further information on rules governing entry into and conditions of stay in the U.S., including these proposed changes, please see the Department of Justice website at www.ins.usdoj.gov. For further information on U.S. visa processing, please check the Department of State website at www.travel.state.gov.

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