LAW OFFICE OF AJAY K. ARORA
Empire State Building
350 Fifth Avenue, Suite 1415A
New York, NY 10118
Phone: (212)268-3580
Fax: (212)268-3582
Email: info@h1b1.com
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LAW OFFICE OF AJAY K. ARORA |
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2003 | 2002 | 2001 | 2000 September 2002 | August 2002 | April 2002 | March 2002 April, 2002
Changes for Students and Visitors
Effective immediately, a new rule prohibits persons admitted in either the B-1 or B-2 visitor category from attending school prior to INS approval of the request to change the status from visitor to either the M or F student category. Previously, applicants for a change of status could enroll in school upon filing for the change in status. This was, in part, due to the extended delays in processing on the part of the INS and the need to enroll in school at set times during the year. To facilitate the new rule, INS has a target processing timeframe of 30 days to approve or deny change-of-status petitions. The INS expects to reach this level of processing speed in 60 days at all Service Centers.
The pre-April 12, 2002 rule allowing for enrollment prior to approval of change in status will continue to apply to persons who were already present in the U.S. in B status, so as not to disrupt any course of study they may have initiated under the current rule.
Individuals planning to attend school in the U.S. are expected to enter on student visas, not as visitors or tourists. However, there are times when prospective students need to enter the U.S. as tourists to interview for admission or simply visit prospective schools. The proposed rule will allow only persons who state their intention to become students at the time of their admission in the B category to change from B to F. Their I-94 admission documents will be noted "prospective student." This rule will not affect current cases where applications for change of status are pending; it will only affect individuals who enter the U.S. after the rule becomes effective (April 12, 2002).
A proposed (not yet effective) rule would eliminate the current, standard minimum period for admission in the B-2 (tourist) category. This will be replaced with "a period of time that is fair and reasonable for the purpose of the visit." A person entering on a B-2 visa will have to explain the reason for the visit and the inspector will determine how long the person must stay to accomplish the purpose. If the time period required cannot be established, the inspector will grant 30-day permission to remain in the U.S. The burden for proving a need to stay in the U.S. for a longer period rests on the B-2 visa holder. At this point, it is unclear how much explanation and documentation an examiner may be willing to review and consider in light of the volume of cases that must be processed quickly at the Ports of Entry. It remains to be seen whether costly and lengthy air travel to visit family in the U.S. from countries located at greater distances (like India or Australia) will be considered for increasing the "appropriate period" of authorized stay in the U.S. beyond the 30-day timeframe. Please note that above mentioned proposed rule does not apply to B-1 (business visitor) category.
The proposed rule limits the ability of visitors (B-1 and B-2) in both categories to extend their stays. Extensions of stay, which were previously granted in a fairly liberal manner, will now require "unexpected or compelling humanitarian reasons" in order to gain approval. The applicant will have to file in a timely manner and establish that there are adequate financial resources to stay in the U.S. without working and that s/he is maintaining a permanent home abroad.
[Note: Please consult with an attorney specializing in Immigration & Nationality law for professional advice in specific situations.]
