International students will be interested in the below regulations governing the B1/B2 visitor visas. Many students invite family members to visit the US on these types of visas. The changes take effect immediately and they relate to length of stay allowed in the US, conditions in changing to student status, and other items. Please refer questions to advisors in International Student Services.

DHS CHANGES B1/B2 VISITOR REGULATIONS

Effective April 12, 2002, there are changes to the B1/B2 visitor regulations.

Current Requirements for B1/B2 Visitors Inform DHS if the visitor moves Visitors are required to register with Department of Homeland Security (DHS) whenever they are in the United States for more than 29 days and change address. The visitor registers the address on the initial I-94 card. However, if the visitor moves, then the visitor should inform DHS by submitting form AR-11 within 10 days of moving.

Staying longer than the date on the I-94 Card If a visitor stays in the United States beyond the expiration date on the I-94 card and does not get an extension of stay, then the visitor is out of status with DHS. This is called "Visa Overstay" which results in the current B1/B2 visa being automatically voided. The only place visitors can then apply for a new visa is in their home country.

If a visitor applies for an extension of stay, then the visitor should leave the United States whenever the extension should expire even if DHS has not informed the visitor whether or not the extension is approved.

Remaining in the United States beyond the expiration of the initial I-94 card or the extension of stay can result in consequences that could have long-term effects.

Immediate Changes (As of April 12, 2002)

Visitors who enter the United States, or file a request for an extension of their stay on or after April 12, 2002, are not eligible to begin a course of study until a change of status to F1 or M1 by DHS is approved or the visitor leaves the United States and gets an F1 or M1 visa.

Proposed Changes (Not yet in effect)

Length of Stay

- The maximum length of stay in the United States on a B1/B2 visa will change from one year to six months.

- The I-94 card (expiration date) will be issued for 30 days unless the visitor explains why they need a longer period of time to remain in the United States (no more than six months). The burden of proof is on the visitor.

Extension of the length of time on the I-94 card

B1/B2 lengths of stay in the United States can only be extended for up to six months if

a. The visitor can prove he or she has sufficient financial resources to remain in the United States

b. The visitor can prove he or she is maintaining residence outside the United States

c. The visitor must prove he or she has an unexpected situation that requires that he or she remain in the United States for a longer period.

The circumstance must be documented and significant or out of the visitor's control. If the visitor gets an extension of the B1/B2 on or after the final rules are published (after May 13, 2002), then the visitor cannot change status to F1 or M1 in the United States.

Change of Status from B1/B2 to F1 or M1

A visitor must tell the port of entry official that he or she is a "prospective student" regardless of whether or not the actual visa states "prospective student". If the visitor has an I-20 or multiple I-20s, then he or she must present the I-20 to the port of entry official. In order to change status from B1/B2 to F1 or M1, the I-94 card must be marked "prospective student". If the I-94 card is not marked "prospective student", then the only way to become a student will be by leaving the United States and applying for a student visa.