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Date: Wed, 10 Apr 2002 21:09:55 -0700
X-Mailer: Microsoft Outlook IMO, Build 9.0.2416 (9.0.2911.0)
I just received this information and thought it might be useful to somebody.
Karl Ruegg
URL: www.CoachKarl.com
Email: Karl_at_KarlRuegg.com
Phone: 858.603.1643 (Pacific Time)
Fax: 775.256.0601
Post: P.O. Box 8232, Rancho Santa Fe, CA 92067, U.S.A.
-----Original Message-----
From: Jennifer Dodd [mailto:jennifer_at_hirson.com]
Sent: Wednesday, April 10, 2002 5:11 PM
Subject: HirsonWexlerPerl Immigration News Flash!
HirsonWexlerPerl
Attorneys at Law
Practice Limited to Immigration & Naturalization Law
Immigration News Flash!
www.hirson.com
April 10, 2002
INS TIGHTENS ITS RULES FOR FOREIGN
NATIONAL STUDENTS AND VISITORS
The Immigration and Naturalization Service ("INS") has made three new
rules, which specifically impact foreign nationals who wish to study or
visit the United States.
First Rule
The first rule prohibits foreign nationals who enter the United States as
visitors from attending a United States school prior to the INS' approval of
a change of their status to the appropriate student category. This first new
rule is effective immediately upon its publication in the Federal Register.
Previously, visitors were allowed to remain in the United States and attend
a United States school while their applications for a change from visitor to
student status were pending. Those visitors currently in the United States
may still rely on this previous rule.
Second Rule
The second rule makes the following significant changes to the B
visitor category:
· Visitors are prohibited from changing to student status unless
they state an intention to study at the time of their admission.
· Visitors for pleasure are admitted only for the period of time
necessary to complete the purpose of their trip. The minimum 6-month
admission period is eliminated and many visitors will only receive an
admission for 30 days. This portion of the rule does not apply to business
visitors.
· The maximum admission period for B visitors is reduced from 1 year
to 6 months.
· An application for an extension of B visitor status is now subject
to very limited standards and the length of extensions is shortened.
Although these new rules directly impact foreign national students and
visitors, United States employers will directly feel their impact. United
States employers often bring in foreign nationals as business visitors for
several purposes such as attending seminars or observing a United States
office that is affiliated with the visitor's foreign employer. Business
visitors may still receive the minimum period of admission of 6 months,
however they will no longer receive a maximum initial admission period of 1
year. In addition, business visitors may have difficulty receiving
extensions, as they must now prove an "unexpected or compelling humanitarian
reason" for the extension. The INS has stated situations such as the delay
in the conclusion of a business matter would qualify for an extension.
Additionally, the new rules specifically prohibit changes from the B visitor
category to the F (academic) or M (vocational) student categories. These
rules do not address changes from the B visitor category to other
nonimmigrant categories such as the J category (including exchange
students), H-3 category (trainees), or the H-1B category (professionals).
In these situations, an application for a change of status from the visitor
category may receive closer scrutiny by the INS.
Third Rule
The third rule denies discretionary relief to persons who have received a
final order of removal and fail to surrender to the INS within 30 days.
According to the INS, 89 % of non-detained foreign nationals who have
received final orders of removal fail to surrender for deportation.
Conclusion
Changes to the student and visitor nonimmigrant categories have been
anticipated as a reaction to the attacks of September 11. It is well known
that most of the terrorists involved in the attacks were admitted to the
United States as visitors or students. The INS has acknowledged that these
changes are made as part of its efforts to increase national security and
control immigration to the United States.
Please note that these new rules have not yet been published. The above
discussion is based upon our best understanding of information as provided
by the INS.
For further questions about these, or any other U.S. Immigration topics,
please feel free to contact our San Diego, CA office and speak with one of
our attorneys at (858) 793-1600 or e-mail us at gperl_at_hirson.com
San Diego, gperl_at_hirson.com; Newport Beach, hirson_at_hirson.com; Los Angeles,
CA hirson-la_at_hirson.com; New York, NY, hirson-ny_at_hirson.com; Wilton, CT,
hirson-ct_at_hirson.com; Phoenix, AZ, hirson-az_at_hirson.com; Las Vegas, NV,
hirson-lv_at_hirson.com; Toronto, Canada, hirson-toronto_at_hirson.com
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Received on Thu Apr 11 2002 - 06:41:16 PDT
