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withdrawn the controversial regulation on the admission of individuals under B-1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 num
b
er of foreign visitors to travel and stay for six-months in the
United States
on
b
usiness 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
Septem
b
er 11, 2001
terrorist attacks. Under the regulation, millions would travel to the
U.S.
with itineraries,
b
ut not knowing how long they will
b
e allowed to stay.
The housing and tourism
industries fought the proposal. Tour
b
rokers and operators
b
elieve that they will have difficulties selling
U.S.
des
t
ina
tions for foreign clients fearing that they would not
b
e a
b
le to complete their itineraries. Governor Je
b
Bush, one of the key critics of the proposal,
b
elieves that it would hurt
South Florida
’s economy. He explained that
Florida
is among the world’s most popular visitor des
t
ina
tions welcoming nearly 8 million international travelers a year with a su
b
stantial num
b
er who stay for months. This contri
b
utes more than $3
b
illion 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
b
e flooded
b
y existing seasonal owners selling their homes.
The DOJ pulled the proposed new
rule hours
b
efore the Department of Homeland Security
b
ecame 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
b
elieved 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 m
ak
es 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 fo
rm
er INS proposal.
An
applicant
for a B status visa must initially show proof of a residence a
b
road
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
b
usiness
travel to
U.S.
and can be used for a variety of purposes including, but not limited, attending
sem
ina
rs,
making investments,
b
uying
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 m
ak
e
reasona
b
le
efforts to ensure that
U.S.
citizens are protected from terrorist activities,
b
ut
not to place unreasona
b
le
restrictions on millions of international travelers who come to this country
only to enjoy the nation’s natural
b
eauty,
exciting des
t
ina
tions,
and the hospitality of its people.
