[Federal Register: April 12, 2002 (Volume 67, Number 71)]
[Proposed Rules]
[Page 18065-18069]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr12ap02-22]
[[Page 18065]]
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DEPARTMENT OF JUSTICE
Immigration and Naturalization Service
8 CFR Parts 214, 235 and 248
[INS No. 2176-01]
RIN 1115-AG43
Limiting the Period of Admission for B Nonimmigrant Aliens
AGENCY: Immigration and Naturalization Service, Justice.
ACTION: Proposed rule.
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SUMMARY: The Immigration and Naturalization Service (Service) 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. These
changes will enhance the Service's ability to support the national
security needs of the United States. These regulatory modifications are
within the Service's authority under sections 214(a) and 248 of the
Immigration and Nationality Act (Act) and will help lessen the
probability that alien visitors will establish permanent ties in the
United States and thus remain in the country illegally.
DATES: Written comments must be submitted on or before May 13, 2002.
ADDRESSES: Please 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 Service 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.
FOR FURTHER INFORMATION CONTACT: Craig Howie, Business and Trade
Services Branch, Adjudications Division, Immigration and Naturalization
Service, 425 I Street, NW, Room 3040, Washington, DC 20536, telephone
(202) 353-8177.
SUPPLEMENTARY INFORMATION:
Background
What Is a B Nonimmigrant Alien?
A B nonimmigrant is an alien whose admission to the United States
is based on a temporary visit for business (B-1) or a temporary visit
for pleasure (B-2). Section 101(a)(15)(B) of the Act defines the
visitor classification as:
An alien (other than one coming for the purpose of study or of
performing skilled or unskilled labor or as a representative of
foreign press, radio, film, or other foreign information media
coming to engage in such vocation) having a residence in a foreign
country which he has no intention of abandoning and who is visiting
the United States temporarily for business or temporarily for
pleasure.
Based on the statutory language, the Service has long held a B-1
nonimmigrant to be one seeking admission for legitimate activities of a
commercial or professional nature such as meetings, conferences, or
consultations in the United States in connection with the conduct of
international business and commerce. A B-2 nonimmigrant is one seeking
admission for activities relating to pleasure such as touring, family
visits, or for purposes of receiving medical treatment.
Service regulations at 8 CFR 214.2(b)(1) currently provide that a
B-1 or B-2 visitor may be admitted for an initial period of not more
than 1 year. B nonimmigrants may request extensions of the period of
admission by filing Form I-539, Application to Extend/Change
Nonimmigrant Status.
What Is the Service Proposing to Change?
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.
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.
This rule also restates explicitly the general requirement for
extensions of status, to provide that an alien requesting an extension
of either B-1 or B-2 status bears the burden of proving that he or she
has the adequate financial resources to continue his or her temporary
stay in the United States and that he or she is maintaining an
unrelinquished residence abroad.
Finally, the rule proposes to establish greater control over a B
visitor's eligibility to change to a student nonimmigrant status.
Why Is the Service Proposing To Eliminate the Minimum Admission Period
for a B-2 Nonimmigrant Visitor for Pleasure?
As previously noted, Service regulations at 8 CFR 214.2(b)(2)
currently provide that an alien seeking admission to the United States
as a B-2 visitor for pleasure will be granted a minimum 6-month period
of admission. The 6-month period is granted to the alien regardless of
whether the alien plans to stay in the United States for a few days or
for the entire 6-month period. The Service implemented this 6-month
minimum admission period many years ago to reduce filings of extensions
of stays from aliens who develop a need to stay in the United States
longer than the initial period of admission.
The Service views the proposal to eliminate the minimum admission
period for B-2 visitors for pleasure as reasonable and within the
Service's authority under section 214(a) of the Act. This proposal also
comports with the Act's requirements that the Service maintain control
of the alien population within the United States. This is especially
important in light of the attacks of September 11, 2001.
Under this proposed rule, both B-1 visitors for business and B-2
visitors for pleasure will be granted a period of admission that
accurately comports with the stated purpose of the visit. Eliminating
the minimum period of admission and establishing a fair and reasonable
period of admission for B-2 visitors for pleasure, as modeled on the
existing policy used to determine periods of admission for B-1 visitors
for business, will lessen the probability that an alien visitor will
establish permanent ties in the United States and remain in the country
illegally.
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 nonimmigrants 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
[[Page 18066]]
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.
Why Is the Service Proposing To Reduce the Maximum Admission Period for
B-1 and B-2 Visitors From 1 Year to 6 Months?
As previously noted, Service regulations at 8 CFR 214.2(b)(1)
currently provide that a B-1 visitor for business or B-2 visitor for
pleasure may be admitted for a period of up to 1 year. As the attacks
of September 11, 2001, demonstrated, this generous period of stay is
susceptible to abuse by aliens who seek to plan and execute acts of
terrorism. Virtually all B visitors with legitimate business or tourism
interests are able to accomplish the purposes of their visits in less
than 6 months. Accordingly, it is proposed that the maximum period of
admission for B-1 and B-2 visitors be reduced from 1 year to 6 months
for each admission. In addition to promoting the security the United
States, this change will reduce the likelihood that an alien visitor
will establish permanent ties in the United States and remain in the
country illegally.
Will B Visitors Be Able To File Requests for Extensions of Stays?
Under the proposed rule, all B visitors for business or pleasure
will continue to be eligible to apply for extensions of stay, but only
in cases that have resulted from unexpected events (such as an event
that occurs that is out of the alien's control and that prevents the
alien from departing the United States), compelling humanitarian
reasons, such as for emergency or continuing medical treatment, or as
Service policy may direct.
In addition, this proposed rule recognizes that a few B
nonimmigrants enter for specific, legitimate reasons that, by their
very nature, can require a stay of longer than 6 months. Those
nonimmigrants, enumerated at proposed Sec. 214.2(b)(6), who are
lawfully continuing in those activities may also apply for extension of
status.
All such requests, made on Form I-539, Application to Extend/Change
Nonimmigrant Status, must be timely filed and non-frivolous, and the
alien must document that he or she is maintaining an unrelinquished
residence abroad and has adequate financial resources to continue the
temporary stay. Documentary evidence showing ties to the alien's
country of residence and possession of sufficient financial means to
remain in the country for the requested period of time can include such
items as current bank records and lease or real property ownership
documents.
The Service believes that the vast majority of aliens seeking
admission as B visitors will be able to complete their stays in the
United States within the period of time granted by the inspecting
Service officer. The burden will be on the arriving alien to adequately
explain to the inspecting Service officer at the time of admission the
precise nature of the visit so the Service officer can make a
determination on the period of stay to be granted. Requests for
extensions of stay only heighten the probability that alien visitors
will establish permanent ties in the United States and thus remain in
the country illegally.
Will the Proposed Rule Affect the Status of B-1 or B-2 Visitors Already
Admitted to the United States?
The new admission procedures under this rule will not affect aliens
who were admitted to the United States as B-1 or B-2 visitors for
business or pleasure at any time prior to the effective date of a final
rule, which will be published in the Federal Register at a later date.
However, B-1 or B-2 nonimmigrants who were admitted to the United
States before the effective date of the final rule, but who apply for
an extension of nonimmigrant status on or after that effective date,
will be subject to the heightened requirements for extension of stay
and to the 6-month limit on such extensions.
What Changes Is the Service Proposing Regarding a B Visitor's Ability
To Change Nonimmigrant Status to That of Student?
Current Service regulations at 8 CFR part 248 allow for the change
of a B nonimmigrant to the status of a nonimmigrant F or M student.
While 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.
The Service has long accommodated prospective alien students by
allowing them to enter the United States in B nonimmigrant status and
visit the campuses where the student has been admitted, and then
allowing the prospective student to file Form I-539 in order to change
nonimmigrant status once the student has made a decision as to which
school to attend. While the Service does not intend to discontinue this
accommodation, it is reasonable to expect an intending nonimmigrant
student to be honest about the ultimate purpose of his or her admission
when being questioned by the inspecting Service officer. This intent
must be made known to the inspecting Service officer regardless of
whether the alien's B visa is annotated with the words, ``Prospective
Student.''
Therefore, the Service proposes at 8 CFR 248.1(c)(2) to require a
prospective alien student to state this purpose to the inspecting
Service officer, and present any Forms I-20 that the alien has
received, and to require the officer to make an annotation on the
alien's Form I-94, Arrival-Departure Record, that reflects the alien's
intent. Aliens who file an application for change of nonimmigrant
status in order to change to student status without a Form I-94 that
has been annotated by an inspecting Service officer will be denied the
change of nonimmigrant status. Such aliens will be required, instead,
to follow the regular process to seek an F or M nonimmigrant student
visa from a consular officer abroad. By implementing this change, the
Service intends to gain greater control over the process by which a B
nonimmigrant can change status to that of either an F or M nonimmigrant
student.
The Service notes that Canadian citizens (and certain Canadian
permanent residents and other aliens described in 8 CFR 212.1(a))
generally are not required to obtain nonimmigrant visas or to be issued
a Form I-94 upon entry into the United States. However, the Service
proposes to amend 8 CFR 235.1(f)(1)(i) to provide that prospective
Canadian students who intend to enter the United States to visit
schools and who intend to remain in the United States and change
nonimmigrant status to that of an F or M student will be required to
make this declaration when applying for admission. The prospective
Canadian student will be issued a Form I-94 inscribed with a notation
that
[[Page 18067]]
reflects the alien's intent to change to student status.
The requirement that a B visitor must have stated his or her
intention as a prospective student at the time of admission in B
nonimmigrant status, in order to be eligible for change of status to an
F or M nonimmigrant student, will be applied only to aliens who are
admitted as B visitors on or after the effective date of a final rule.
Because aliens who were admitted as B visitors prior to that effective
date will not have been required to state their intention as a
prospective student at the time of admission, they will not be subject
to that limitation if they apply for change of status to F or M status.
However, any alien who applies for and is granted an extension of B
nonimmigrant status after the effective date of this final rule will
not be eligible for change of status to F or M status. Allowing such
aliens (who would already have been present in the United States as a B
visitor for many months, even one year) to apply for change of status
to F or M status would be inconsistent with the basic premise of this
rule, which is to allow a limited accommodation for prospective
students, who have already been admitted to one or more schools, to
enter the United States briefly before deciding which school at which
they will enroll.
Finally, the Service takes note of a related interim rule,
(published elsewhere in this issue of the Federal Register), which
stipulates that no person who has entered the United States as a B
nonimmigrant may enroll in a course of study or otherwise take action
inconsistent with his or her B status unless the Service has already
approved his or her application for change of status to that of an F or
M nonimmigrant student. That separate rule, which takes effect upon
publication, complements the provisions of this proposed rule as it
relates to a change of status from B-1 or B-2 visitor status to that of
an F or M nonimmigrant.
What Continuing Obligations Do All B Nonimmigrants Have During the Time
They Remain in the United States?
The Service notes that, under the existing provisions of section
261(a) of the Act, an alien who remains in the United States for a
period of 30 days or more (other than an A or G nonimmigrant) is
subject to the requirements for registration of aliens. Nonimmigrant
aliens register initially using the Form I-94, Arrival-Departure
Record. However, aliens who are subject to the registration
requirements are also obligated, under section 265(a) of the Act, to
notify the Service of each change of address within 10 days of such
change, by submitting Form AR-11 to the Service. The obligation to
notify the Service of each change of address applies to all B
nonimmigrants (indeed, all nonimmigrants other than those in A or G
status) who remain in the United States for more than 30 days,
regardless of whether their continued stay is pursuant to their initial
admission or as a result of a change or extension of status.
The change of address requirements are set forth in the existing
law and regulations. Accordingly, the Service does not need to propose
changes in this rule to implement them. However, the Service is
restating these existing requirements here for the benefit of readers,
so that aliens who apply for nonimmigrant status will be advised of
them.
What Happens if a B Visitor Overstays His or Her Period of Stay?
While this proposed rule does not address the issue of nonimmigrant
aliens overstaying authorized periods of stay, the Service notes that
an existing law, section 222(g) of the Act, provides for the automatic
voidance of a nonimmigrant visa at the conclusion of a period of stay
if the alien remains in the United States longer than the period of
authorized admission. All B visitors should be aware of this provision
of the law and are responsible for remaining in lawful nonimmigrant
status while within the United States. Under section 222(g) of the Act,
a B visa (including a multiple-entry visa-a visa that is usually valid
for a number of years and allows the bearer to make multiple
applications for admission to the United States without having to
obtain a new visa for each admission) shall be void if the alien who
entered the United States as a B visitor overstays his or her
authorized period of admission. Thereafter, the alien would not be able
to re-apply for admission to the United States using that same visa,
but would be required to seek a new B visa or other appropriate visa
from a consular officer abroad.
Any nonimmigrant admitted to the United States bears the burden of
maintaining legal status during the period of admission that has been
granted by the inspecting Service officer. The Service cannot emphasize
enough the importance of maintaining lawful status while in the United
States. See section 212(a)(9)(B) of the Act for more information on the
important and far-reaching implications of unlawful presence and the
impact that unlawful presence may have on an alien's future ability to
reapply for a nonimmigrant visa, for admission to the United States, or
for adjustment of status to that of a lawful permanent resident.
Aliens should note that the statute provides an accommodation to
nonimmigrants with pending applications for extension of stay or change
of status if certain requirements have been met. Extension or change of
status, however, will only be granted in cases where the Service deems
the request to be legitimate and to meet the new criteria specified in
this rule. Such requests, made on Form I-539, must be filed prior to
the expiration of the alien's authorized admission, subject to a narrow
exception where the delay was caused by extraordinary circumstances
beyond the control of the alien. See 8 CFR 214.1(c)(4) and 248.1(b),
respectively. Also, an alien who has filed Form I-539 to request an
extension of stay is expected to depart from the United States upon the
expiration of the requested extension regardless of whether the alien
has received a copy of the Service's decision on the application for
extension of stay.
Request for Comments
The Service is seeking public comments regarding this proposed
rule. The Service notes that, in view of the national security needs of
the United States, public comment on this proposed rule is being
limited to 30 days. The Service requests that parties interested in
commenting on the proposals contained within this rule submit comments
on or before May 13, 2002, as the Service will not extend the comment
period.
Regulatory Flexibility Act
The Commissioner of the Immigration and Naturalization Service, in
accordance with the Regulatory Flexibility Act (5 U.S.C. 605(b)), has
reviewed this regulation and, by approving it, certifies that this rule
will not have a significant economic impact on a substantial number of
small entities. This rule applies only to nonimmigrant aliens visiting
the United States as visitors for business or pleasure. It does not
affect small entities as that term is defined in 5 U.S.C. 601(6).
Unfunded Mandates Reform Act of 1995
This rule will not result in the expenditure by State, local, and
tribal governments, in the aggregate, or by the private sector, of $100
million or more in any one year, and it will not significantly or
uniquely affect small governments. Therefore, no actions were
[[Page 18068]]
deemed necessary under the provisions of the Unfunded Mandates Reform
Act of 1995.
Small Business Regulatory Enforcement Fairness Act of 1996
This rule is not a major rule as defined by section 804 of the
Small Business Regulatory Enforcement Act of 1996. This rule will not
result in an annual effect on the economy of $100 million or more; a
major increase in costs or prices; or significant adverse effects on
competition, employment, investment, productivity, innovation, or on
the ability of United States-based companies to compete with foreign-
based companies in domestic and export markets.
Executive Order 12866
This rule is considered by the Department of Justice, Immigration
and Naturalization Service, to be a ``significant regulatory action''
under Executive Order 12866, section 3(f), Regulatory Planning and
Review. Accordingly, this rule has been submitted to the Office of
Management and Budget for review.
Executive Order 13132
This rule will not have substantial direct effects on the States,
on the relationship between the National Government and the States, or
on the distribution of power and responsibilities among the various
levels of government. Therefore, in accordance with section 6 of
Executive Order 13132, it is determined that this rule does not have
sufficient federalism implications to warrant the preparation of a
federalism summary impact statement.
Executive Order 12988, Civil Justice Reform
This rule meets the applicable standards set forth in sections 3(a)
and 3(b)(2) of Executive Order 12988.
Paperwork Reduction Act
Under the Paperwork Reduction Act of 1995, Public Law 104-13, all
Departments are required to submit to the Office of Management and
Budget (OMB), for review and approval, any reporting or recordkeeping
requirements inherent in a rule. This rule does not impose any new
reporting or recordkeeping requirements under the Paperwork Reduction
Act.
List of Subjects
8 CFR Part 214
Administrative practice and procedures, Aliens, Employment.
8 CFR Part 235
Administrative practice and procedure, Aliens, Immigration,
Reporting and recordkeeping requirements.
8 CFR Part 248
Aliens, Immigration, Reporting and recordkeeping requirements.
Accordingly, chapter I of title 8 of the Code of Federal
Regulations is proposed to be amended as follows:
PART 214--NONIMMIGRANT CLASSES
1. The authority citation for part 214 continues to read as
follows:
Authority: 8 U.S.C. 1101, 1101 note, 1103, 1182, 1184, 1186a,
1187, 1221, 1281, 1282; sec. 643, Pub. L. 104-208, 110 Stat. 3009-
708; Public Law 106-386, 114 Stat. 1477-1480; Section 141 of the
Compacts of Free Association with the Federated States of Micronesia
and the Republic of the Marshall Islands, and with the Government of
Palau, 48 U.S.C. 1901 note, and 1931 note, respectively; 8 CFR part
2.
2. Section 214.2 is amended by revising paragraphs (b)(1) and
(b)(2) and by adding a new paragraph (b)(6), to read as follows:
Sec. 214.2 Special requirements for admission, extension, and
maintenance of status.
* * * * *
(b) * * *
(1) General. Any B-1 visitor for business or B-2 visitor for
pleasure may be admitted for not more than 6 months and may be granted
extensions of temporary stay in increments of not more than 6 months
each. Those B-1 and B-2 visitors admitted pursuant to the waiver
provided at Sec. 212.1(e) of this chapter may be admitted to and stay
on Guam for a period not to exceed 15 days and are not eligible for
extensions of stay.
(2) Specific requirements for admission of B-1 and B-2 visitors.
(i) Initial admission. The burden is on the arriving alien to
adequately explain to the inspecting Service officer the precise nature
of the visit so the Service officer can make a determination on the
period of stay to be granted. Any B-1 or B-2 visitor who is found
otherwise admissible will be admitted for a period of time that is fair
and reasonable for the completion of the stated purpose of the visit,
provided that any required passport is valid as specified in section
212(a)(7)(B)(i) of the Act. If it is not clear whether a shorter or
longer period would be fair and reasonable under the circumstances, in
light of the stated purpose of the alien's visit, the alien will be
admitted for a period of 30 days.
(ii) Change of status to nonimmigrant student. An alien may be
admitted in B-1 or B-2 visitor status as a prospective student (that
is, an alien who intends to remain in the United States and apply for
change of nonimmigrant status as an F or M student at an approved
school), but the alien must state this intent at the time he or she
applies for admission to the United States as a B nonimmigrant. The
burden is on the prospective student, applying for admission as a B-1
or B-2 visitor, to explain to the inspecting Service officer that the
alien's ultimate purpose is to attend school in either F or M
nonimmigrant status, whether or not the alien's B nonimmigrant visa has
been annotated as a ``prospective student'' by a consular officer
abroad. (This requirement also applies with respect to Canadian
citizens and certain nationals, see Sec. 235.1(f)(1)(i) of this
chapter.) If an alien has already received any currently-valid Forms I-
20 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. The inspecting Service officer will make a
notation to the alien's Form I-94 reflecting that he or she is a
prospective student. See 8 CFR part 248 for a discussion of change of
nonimmigrant status for B-1 or B-2 visitors to that of an F or M
nonimmigrant student.
* * * * *
(6) Requests for extensions. (i) Eligibility. An alien admitted in
B-1 or B-2 status may apply for an extension of stay using Form I-539,
Application to Extend/Change Nonimmigrant Status. The alien bears the
burden of proving that he or she has the adequate financial resources
to continue his or her temporary stay in the United States and that he
or she is maintaining an unrelinquished residence abroad. An extension,
if granted, will be for a fair and reasonable period, not to exceed 6
months, as determined under the circumstances as established by the
alien, and based on information available to the Service.
(ii) General standards. In general, except as the Service's
publicly-stated policy may direct, the Service will grant an extension
of status only in the following circumstances:
(A) The alien establishes that an unexpected circumstance (that is,
a documented and significant situation or event that is out of the
alien's control) prevents the alien from departing the United States at
the conclusion of the granted period of admission (as noted
[[Page 18069]]
on the Form I-94, Arrival-Departure Record);
(B) An extension is appropriate for compelling humanitarian
reasons, including but not limited to situations involving an alien's
new or continued medical treatment, the need of an alien parent to stay
with his or her minor child receiving medical treatment or specialized
education in the United States, or the need of an alien adult to attend
to an acutely ill immediate family member who is receiving medical
treatment;
(C) The alien is a member of a religious denomination coming solely
and temporarily to do missionary work in behalf of a religious
denomination, provided that such work does not involve the selling of
articles or the solicitation or acceptance of donations;
(D) The alien is establishing a new office, as provided at
paragraph (l)(7)(i)(A)(3) of this section relating to intra-company
transfers;
(E) The alien is the personal or domestic servant of an alien or
United States citizen, as outlined at Sec. 274a.12(c)(17)(i) and (ii)
of this chapter;
(F) The alien is an employee of a foreign airline engaged in
international transportation of passengers or freight, as outlined at
Sec. 274a.12(c)(17)(iii) of this chapter; or
(G) The alien owns a home in the United States and occupies that
home on a seasonal or occasional basis only.
* * * * *
PART 235--INSPECTION OF PERSONS APPLYING FOR ADMISSION
3. The authority citation for part 235 continues to read as
follows:
Authority: 8 U.S.C. 1101, 1103, 1182, 1183, 1201, 1224, 1225,
1226, 1227, 1228, 1252; 8 CFR part 2.
4. Section 235.1 is amended by revising paragraph (f)(1)(i) to read
as follows:
Sec. 235.1 Scope of examination.
* * * * *
(f) * * *
(1) * * *
(i) Any nonimmigrant alien described in Sec. 212.1(a) of this
chapter and 22 CFR 41.33 who is admitted as a visitor for business or
pleasure or admitted to proceed in direct transit through the United
States: provided, however, that a prospective student who is seeking
admission as a B nonimmigrant and whose intent is to remain in the
United States and change nonimmigrant status to that of an F or M
nonimmigrant student is required to state such intent to the inspecting
Service officer at the time of admission, to present any currently-
valid Forms I-20 that the student has received from an approved school,
and to complete a Form I-94;
* * * * *
PART 248--CHANGE OF NONIMMIGRANT CLASSIFICATION
5. The authority citation for part 248 continues to read as
follows:
Authority: 8 U.S.C. 1101, 1103, 1184, 1258; 8 CFR part 2.
6. Section 248.1 is amended by adding paragraph (c)(2) to read as
follows:
Sec. 248.1 Eligibility.
* * * * *
(c) * * *
(2) A nonimmigrant who is admitted as a B-1 or B-2 visitor under
section 101(a)(15)(B) of the Act on or after (the effective date of a
final rule to be published in the Federal Register), may change
nonimmigrant classification to that of an F or M nonimmigrant student
only if the B-1 or B-2 visitor had stated such intent as a prospective
student at the time he or she applied for admission to the United
States as a B nonimmigrant, as provided in 8 CFR 214.2(b)(2)(ii). (This
requirement also applies with respect to Canadian citizens and certain
Canadian nationals, see 8 CFR 235.1(f)(1)(i).) A B nonimmigrant
applying to change nonimmigrant status to that of an F or M
nonimmigrant student under the provisions of Sec. 248.3 must submit,
with the application to change B nonimmigrant status, a copy of the
Form I-94 that contains an annotation reflecting the alien's
prospective student intent, or the application for change of status
will be denied. An alien who has been granted an extension of B
nonimmigrant status on or after (the effective date of a final rule to
be published in the Federal Register) is not eligible to apply for
change of status to that of an F or M nonimmigrant student.
Dated: April 9, 2002.
James W. Ziglar,
Commissioner, Immigration and Naturalization Service.
[FR Doc. 02-8927 Filed 4-9-02; 1:54 pm]
BILLING CODE 4410-10-P
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