Send Your Comments to the INS on B Status New Rules

On April 12, 2000, INS published one proposed change and one interim rule limiting the admission period for B nonimmigrant visitors and restricting B status holders to change to student status. (For detailed information on the proposed law, please click here.) While they are for the purpose of the U.S. national security, we believe that they do not serve the intended purpose and, moreover, they will adversely affect the national interests of the United States.

First, the new rule and the proposed change do not help in curbing terrorist activities in the United States. For terrorists, 30 days or 180 days make no difference to them: a terror attack can be well planned abroad by the use of today's state-of-the-art technology and the tragedy may take place in the United States within hours. Furthermore, terrorists may enter the US on any visas available to them and do their "job" without the necessity to apply for the student visa or to change to student status.

Second, the new rule and the proposed change will affect the normal culture exchange and commercial activities in the United States. Each year, many foreign businessmen, tourists, friends and relatives of U.S. citizens or permanent residents come to the United States for market exploring, sightseeing, shopping and etc. Those people not only spend their money in the U.S. but also experience the liberty and freedom during their stay in the U.S. While they contribute their parts to the U.S. economy growth, they also messenger the U.S. social value more or less when going back to their home countries, which increases mutual understanding between people of the two countries. Unreasonably limiting the stay period of those nonimmigrant visitors will greatly negate such benefits that they will bring to the United States.

Third, the new rule and the proposed change penalize most decent foreign visitors to the United States, while they have no affect on preventing terrorism. United States is proud to be a nation of liberty, freedom and equality. As an open society, U.S. welcomes people from different countries for their legitimate activities in the U.S. However, the new rule and the change impose unreasonable restriction and limitation on most decent foreign visitors. Obviously they are drafted in haste by the INS, which is now under great pressure and heavy criticism from the public and U.S. government. We think INS should think wisely and adopt an effective alien background check system to find out and deter the real terrorists instead of punishing the public.

The INS is now accepting public comments on the change and the interim rule. We hereby encourage you and your U.S. friends to express your concerns; protest the implementation of such change and rule; and request the INS to restore the original laws.

The following is detailed contact information for your comments:

INS Accepts Public Comments on New Rules

Elimination of the minimum admission period for B-2 nonimmigrant visitors and reduce the maximum admission period for B-1 and B-2 visitors

The INS is proposing to amend its regulations by eliminating the minimum admission period of B-2 visitors for pleasure, reducing the maximum admission period of B-1 and B-2 visitors from 1 year to 6 months, and establishing greater control over a B visitor's ability to extend status or to change status to that of a nonimmigrant student. The INS believes these changes will enhance the INS's ability to support the national security needs of the United States. These regulatory modifications are within the INS's authority under sections 214(a) and 248 of the Immigration and Nationality Act (INA) and will help lessen the probability that alien visitors will establish permanent ties in the United States and thus remain in the country illegally.

The INS accepts public comments on this change. Public comments will be due within 30 days of publication, namely, before May 13, 2002. The public can submit written comments to the Director, Regulations and Forms Services Division, Immigration and Naturalization Service, 425 I Street, NW., Room 4034, Washington, DC, 20536. To ensure proper handling, please reference the INS No. 2176-01 on your correspondence. Comments may also be submitted electronically to the INS at insregs@usdoj.gov. When submitting comments electronically, please include INS No. 2176-01 in the subject heading. Comments are available for public inspection at this location by calling (202) 514-3048 to arrange for an appointment.

Prohibition of non-immigrants admitted in B visitor status from pursuing a course of study prior to obtaining approval of a change to F-1 or M-1 student status

This interim rule amends the INS regulations by eliminating the current provision allowing a B-1 or B-2 nonimmigrant visitor for business or pleasure to begin attending school without first obtaining approval of a change of non-immigrant status request from the INS. The INS believes this change will enhance the INS's ability to support the national security needs of the United States and is within the INS's authority under section 248 of the INA. The amendment will ensure that no B nonimmigrant is allowed to enroll in school until the alien has applied for, and the INS has approved, a change of nonimmigrant status to that of F-1 or M-1 non-immigrant student. This rule takes effect immediately upon publication.

The INS also accepts public comments on this new rule. Public comments will be due within 60 days of publication, namely, before June 11, 2002. The public can submit written comments to the Director, Regulations and Forms Services Division, Immigration and Naturalization Service, 425 I Street, NW, Room 4034, Washington, DC 20536. To ensure proper handling, please reference the INS No. 2195-02 on your correspondence. Comments may also be submitted electronically to the INS at insregs@usdoj.gov. When submitting comments electronically, please include INS No. 2195-02 in the subject heading. Comments are available for public inspection at this location by calling (202) 514-3048 to arrange for an appointment.

(04/12/2002)

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