The Department of Justice has withdrawn the controversial regulation on the admission of individuals under B-1 and B-2 visitor visas. The proposed regulation tightened the rules that allowed an unlimited number of foreign visitors to travel and stay for six-months in the United States on business or tourist visas. The proposed rule would have required foreign visitors to prove that they needed to stay longer than 30 days. It also lowered the maximum stay under a B status visa from one year to six months. This proposed rule is part of the immigration crackdown launched after the September 11, 2001 terrorist attacks. Under the regulation, millions would travel to the U.S. with itineraries, but not knowing how long they will be allowed to stay.
The housing and tourism industries fought the proposal. Tour brokers and operators believe that they will have difficulties selling U.S. destinations for foreign clients fearing that they would not be able to complete their itineraries. Governor Jeb Bush, one of the key critics of the proposal, believes that it would hurt South Florida’s economy. He explained that Florida is among the world’s most popular visitor destinations welcoming nearly 8 million international travelers a year with a substantial number who stay for months. This contributes more than $3 billion in spending for the Florida economy and nearly $200 million in state sales tax revenue. Sales in the Florida luxury condominium market slowed last year. Many believe the proposed rule could have caused the market to be flooded by existing seasonal owners selling their homes.
The DOJ pulled the proposed new rule hours before the Department of Homeland Security became the agency to enforce the immigration laws. The opponents are not claiming a victory yet since it not clear whether the DHS will seek to revive the rule.
The DOJ believed that the rule would have empowered immigration inspectors to use their judgment in granting a length of stay to foreigners. They purport that giving a foreigner an open-ended visa makes it easier to thwart the immigration laws such as by looking for and accepting illegal work. Foreign visitors are routinely granted visa for much longer trips than they need according to the supports of the former INS proposal.
An applicant for a B status visa must initially show proof of a residence abroad and an intention to return home after the visit is over. The B status visa is separated into two categories. B-1 visitor status is for business travel to U.S. and can be used for a variety of purposes including, but not limited, attending seminars, making investments, buying goods, and performing temporary work for a non-U.S. employer. B-2 visitor visa status is for pleasure travel. Governor Bush encouraged the federal government to make reasonable efforts to ensure that U.S. citizens are protected from terrorist activities, but not to place unreasonable restrictions on millions of international travelers who come to this country only to enjoy the nation’s natural beauty, exciting destinations, and the hospitality of its people.
