INS withdraws proposed rule imposing new restrictions on "B" visitors and tourists

On February 28, 2003, the INS withdrew a proposed rule, originally published April 12, 2002, that would have reduced the minimum period of admission of B visitors from 6 months to one month. This proposed rule created great controversy, and it was never actually in effect.

It is possible that the new Department of Homeland Security will re-introduce the proposed rule in the same form or in a revised form.

On the same date, April 12, 2002, the INS also published a final interim rule which prohibited B visitors and tourists from undertaking a course of study until an application for change of status to F (academic studies) or M (vocational studies) has been approved by the Service. Previously, a student could begin studies while waiting for the application to be processed. This rule is in effect.

This  rule does not apply to brief, casual courses such as an English language course or crafts course. Also, the rule does not apply to categories other than B. For instance, workers in H-1B status and their family members in H-4 status can attend school in H status.