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| visitors for business (B-1) and visitors for pleasure
(B-2) |
| To be eligible, the visit must be brief, and involve such activities as touring, visiting family members, relatives, obtaining health care, attending meetings, negotiating contracts or other business activities on behalf of an overseas employer. B visa holders cannot involve employment in the U.S. New rules prohibits non-immigrants admitted in
B visitor status from changing to student status unless they state an
intention to study at the time of admission.
more
info about B-1 visa »
more
info about B-2 visa » |
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B-1 Visas - Visitors for business |
 It usually admitted for not more than one year and may be granted extensions of temporary stay in increments of not more than six months each, except that alien members of a religious denomination coming temporarily and solely to do missionary work in behalf of a religious denomination may be granted extensions of not more than one year each.Visa Waiver Pilot Program. People from certain countries do not have to have visas if they hold passports from those countries that under the Visa Waiver Pilot Program. Aliens entered this country under the Visa Waiver Pilot Program can stay here in the U.S. for up to 90 days. Generally, they are not permitted to change their visa status within the U.S. North American Free Trade Agreement (NAFTA). Canadians or Mexicans may enter the U.S. for limited purposes upon presentation of proof of such citizenship in the case of Canadian applicants, and valid entry documents such as a passport and visa or Mexican Border Crossing Card (Form I-186 or I-586) in the case of Mexican applicants. In addition, a description of the purpose of entry, and evidence demonstrating that he or she is engaged in one of the occupations or professions specified by the NAFTA. Mr. Johnny N. Williams, Regional Director of INS Western Regional Office, issued a Business Visitor Field guidance. On This memo, he listed three questions, which is designed to determine if a business visitor plan to engage any activities that are permissible under the B-1 regulations. A "yes" to any of the questions could disqualify the alien from B-1 or VWPP admission. Those questions are: - Will the individual be compensated from a U.S. source?
- Will the individual, even if uncompensated, perform services for which a U.S. worker would have to be hired or are the services inherently part of the U.S. labor market?
- Are the services primarily benefiting the U.S. entity as local work or hire (as contrasted with benefiting the alien him/herself or the foreign employer in furtherance of international trade)?
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Rules Governing Visitors and Students |
INS Proposes Significant Changes to
Rules Governing Visitors and Students
Proposed Rule Would Also Establish Procedures Requiring Aliens to
Surrender for Removal Within 30 Days of a Final Order WASHINGTON, DC – In its continuing effort to enhance homeland security and strengthen and control immigration in the United States, the Immigration and Naturalization Service (INS) is immediately implementing rule changes governing an alien's ability to begin a course of study and proposing significant changes to the rules governing the period of time visitors are permitted to remain in the United States. Additionally, INS is proposing procedures that would require an alien with a final order of removal to surrender to the Service within 30 days of the issuance of that order. Under the new proposed rule, aliens disregarding this duty will be prohibited from acquiring future immigration benefits. INS is forwarding all three rules to the Federal Register for publication and public comment. The interim rule prohibiting non-immigrants admitted in B visitor status from pursuing a course of study prior to obtaining approval of a change to student status takes effect immediately upon publication in the Federal Register. The change ensures that those aliens seeking to remain in the United States in student status will have received the appropriate security checks before beginning a course of study. The proposed rule governing B non-immigrant visitors will: - Eliminate the minimum 6-month admission period for B-2 non-immigrant visitors, and instead base the admission period on the amount of time needed to accomplish the purpose of the trip (in many cases 30 days);
- Reduce the maximum initial admission period for all B non-immigrant visitors from one year to six months;
- Limit the conditions for which an extension of stay in B non-immigrant visitor status can be granted and reduce the maximum length of that extension;
- Prohibit non-immigrants admitted in B visitor status from changing to student status unless they state an intention to study at the time of admission; and
- Deny discretionary relief to persons with a final order of removal who fail to surrender for removal within 30 days of the final order.
“These new rules strike the appropriate balance between INS’ mission to ensure that our nation’s immigration laws are followed and stop illegal immigration and our desire to welcome legitimate visitors to the United States,” said INS Commissioner James Ziglar. “While we recognize that the overwhelming majority of people who come to the United States as visitors are honest and law abiding, the events of September 11 remind us that there will always be those who seek to cause us harm.”
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| INS Clarifies Non-Immigrant Visitor Rules |
| 10 April 2002 INS Clarifies Non-Immigrant Visitor Rules The Immigration and Naturalization Service (INS) has received numerous requests to clarify the following two provisions of the proposed regulations announced by Commissioner James Ziglar yesterday. To ensure that these provisions are properly being interpreted and that the public has an accurate understanding of these proposals, the following summary is being provided. The INS again notes that these are proposed rules and are subject to a public comment period prior to becoming final. Minimum Admission Period Eliminated The proposed rule will not automatically limit B-2 visitors for pleasure to a 30-day admission. The rule will place the burden on the visitor to explain to an INS Immigration Inspector the nature and purpose of the visit in order for the Inspector to determine “a period of time that is fair and reasonable for the completion of the purpose of the visit.” When Inspectors cannot determine a fair and reasonable period of admission, INS will grant a 30-day period of admission. If an alien establishes the need for a period of stay, longer than 30 days, the Inspector will grant an appropriate and proportionate period of admission. New Requirements for Change of Status The proposed rule will not bar all B non-immigrants from changing status. The proposed rule will require B non-immigrant visitors to notify INS upon initial entry of their intent to begin a course of study in the United States. INS recognizes that some prospective students will seek admission to the United States as B-2 visitors for pleasure in order to tour an educational institution’s campus or interview for admission. In order for persons admitted as B non-immigrant visitors to change their status to that of a student, they will have to clearly state their intent to study in the United States when they initially apply for admission. INS Immigration Inspectors will note that the alien is a prospective student and make the proper notation on the alien’s I-94 form (Arrival/Departure Record). This rule will not apply to those already in the United States in B non-immigrant visitor status, since they may have already started a course of study in reliance upon existing rules. Additionally, this rule does not bar individuals admitted under other non-immigrant visa categories from changing status. |
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