Groups Protest Proposed INS Rule Limiting Tourist Visa Stays

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 b e easier to keep track of people if they were staying for shorter periods in the US .

 

That proposed rule came under fire from a num b er of groups and individuals, particularly from the tourist industry. More than 10,000 comments were received b y the INS and even Florida Governor Je b Bush, the b rother of President Bush, openly criticized the proposal. Now a coalition of groups has sent acting INS Commissioner Michael Garcia asking the INS to pe rm anently ta b le 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 Indu stry Association of America
U.S. Cham b er of Commerce

The group m ak es several arguments to justify killing the rule:

·         The proposed rule would deter international travel to the U.S. b y creating uncertainty a b out the actual admission period. 

·         The proposed rule would increase the likelihood that travelers would ina dvertently 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 Can adian visitors
  • The proposed rule would severely circumscri b e the a b ility of mul t ina tional employers to use the B-1 for longer-te rm b usiness trips.

The group also had specific suggestions to modify the proposal if, indeed, it is f ina lized. At a minimum, the INS should provide c lea r guidance to visitors m ak ing 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.

 

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