April 2002 - H1B News
B2 Visitor VISA - Only 30 days and new rules

The Immigration and Naturalization Service is proposing to amend its regulations by

1. Reducing the minimum admission period of B-2 visitors for pleasure from 6 months to 30 days.

The Service is proposing to eliminate the minimum period of admission for a B-2 nonimmigrant visitor for pleasure, currently a 6- month admission. In place of the minimum period of admission for B-2 visitors, the Service is proposing that both B-1 and B-2 visitors will be admitted for a period of time that is fair and reasonable for the completion of the purpose of the visit.

While inspecting Service officers will make every effort to take into account language and cultural differences when eliciting the information needed to determine a reasonable period of admission, the burden still rests with the alien to adequately establish the precise nature and purpose of the visit. Because the vast majority of B-1 and B-2 non immigrants do not have a stated need to remain in the United States for more than 30 days, it is reasonable to expect that most will depart within that time frame.

Accordingly, in any case where there is any ambiguity whether a shorter or longer period of admission would be fair and reasonable under the circumstances, a B-1 or B-2 nonimmigrant should be admitted for a period of 30 days. This period is neither a minimum nor a maximum, and the inspecting Service officer will be authorized to admit a B nonimmigrant for a shorter period or for a longer period (not to exceed 6 months), depending on the circumstances and the stated purpose of the alien's visit to the United States.

2. Reducing the maximum admission period of B-1 and B-2 visitors from 1 year to 6 months

The Service is also proposing to reduce the maximum period of admission for B-1 and B-2 visitors from 1 year to 6 months. The maximum increment of extension of stay will remain 6 months, and this 6-month maximum will apply to all B-1 and B-2 visitors.

3. Establishing greater control over a B visitor's ability to extend status or to change status to that of a nonimmigrant student

The proposed rule does not alter the ability of a B nonimmigrant to change nonimmigrant status to that of a student, it does establish a requirement that the alien make this intent known when he or she initially applies for admission to the United States as either a B-1 or B-2 visitor. If the alien has already received any Forms I-20, Certificate of Eligibility for Nonimmigrant Student, from one or more approved schools, indicating that the alien has been accepted for enrollment, the alien must also present those forms to the inspecting Service officer at the time of the application for admission as a B visitor.

To read the complete INS Proposed Regulation On Visitors, please click here