The rules significantly reduce the amount of time most foreigners entering on tourist and business visas can stay in the U.S. from six months to 30 days. Tourist and business visitors will need to explain the purpose of their visit to the INS, which will determine the appropriate length of stay. If the INS cannot determine the amount of time needed, it will grant a 30-day admission. The rule will also reduce the maximum extension period granted to tourists and business visitors from one year to six months.

Another new rule requires any foreigner seeking to study in the United States to obtain a student visa before entering the country. Previously, nonimmigrant visitors could apply to switch their status to student without leaving the country. The new INS rule requires them to have declared themselves a “prospective student” before entering the U.S. Additionally, any foreign national seeking a student visa will be required to apply in person at a consulate abroad before entering the U.S.

The new rule also prohibits foreign students from enrolling in U.S. schools until their visas are obtained; until now, foreign students have been permitted to begin classes in the U.S. while their student visa applications were pending.

Two of the September 11 hijackers entered the country as nonimmigrant visitors and then applied to change to student status once they were here. The INS granted them preliminary approval to enroll in a Florida flight school (and then sent their visa approval notices to the school six months after the attacks).

The INS called the changes “part of a strategy to improve national security and reduce the probability that an [illegal immigrant] will establish permanent ties in the United States and remain in the country illegally.”

None of the proposed changes require congressional approval. The rule regarding students takes effect immediately, and the tourist/business visitor rule will take effect after a 30-day comment period.

FAIR 6/02