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< Back to current issue of Immigration Daily < Back to current issue of Immigrant's Weekly

[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]]
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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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