Last April the INS issued a proposed rule that would limit tourist visa stays to 30 days unless the visitor could justify to an INS examiner why a longer stay is justified. The INS explained that security concerns justified the rule. The rationale of the agency is that it would be easier to keep track of people if they were staying for shorter periods in the US.

That proposed rule came under fire from a number of groups and individuals, particularly from the tourist industry. More than 10,000 comments were received by the INS and even Florida Governor Jeb Bush, the brother of President Bush, openly criticized the proposal. Now a coalition of groups has sent acting INS Commissioner Michael Garcia asking the INS to permanently table the proposal. The group is comprised of the following organizations:

American Hotel & Lodging Association
American Immigration Lawyers Association
National Association of Home Builders
National Association of Realtors
Travel Industry Association of America
U.S. Chamber of Commerce

The group makes several arguments to justify killing the rule:

·         The proposed rule would deter international travel to the U.S. by creating uncertainty about the actual admission period. 

·         The proposed rule would increase the likelihood that travelers would inadvertently overstay their admission. 

·         The proposed rule would render the U.S. less attractive to potential investors. 

·         The proposed rule would negatively impact the residential real estate industry.

• The proposed rule would negatively impact or deter Canadian visitors
• The proposed rule would severely circumscribe the ability of multinational employers to use the B-1 for longer-term business trips.

The group also had specific suggestions to modify the proposal if, indeed, it is finalized. At a minimum, the INS should provide clear guidance to visitors making their travel plans concerning what they will need for their admission to the US. The INS should maintain a minimum period of admission, perhaps 90 days, so as not to deter international travel and tourism. The rule should not change current laws with regard to extending a stay. The INS should not drop the current maximum period of stay from one year. And it should provide a specific exemption for "seasonal or occasional" homeowners and renters.