U.S. Alert – USCIS Sends Letter on B-1/B-2 Upcoming Proposed Regulation

USCIS Sends Letter on B-1/B-2 Upcoming Proposed Regulation
On May 30, 2018, L. Francis Cissna, Director of U.S. Citizenship and Immigration Services (USCIS), sent a letter to Rep. Paul Mitchell (R-Mich.), who had hosted a May 16, 2018, roundtable on B-1 visa issues.

The letter notes that USCIS is reviewing existing regulations, policies, and programs and developing a combination of rulemaking, policy memoranda, and operational changes to implement President Trump’s “Buy American and Hire American” executive order. Among other things, the letter states:

One area of focus is the B visa program. As noted in the Spring 2018 Unified Agenda, the Department of Homeland Security (DHS) is working on a proposed regulation pertaining to nonimmigrants admitted to the United States as temporary visitors for business (B-1) or pleasure (B-2). The proposed regulatory revisions will clarify the criteria for according B-1 or B-2 nonimmigrant classification to applicants for admission to the United States.

As stated in the Unified Agenda, “Such clarification is necessary to ensure fair and consistent adjudication and enforcement, as well as to make the criteria more transparent.”
The letter states that this rulemaking is a “priority” and that USCIS is “taking a lead role in drafting the proposed regulation,” which will include an opportunity for public comment.

The letter also references discussion of “B-1 in lieu of H” issues during the roundtable:
As explained, USCIS adjudicates applications from individuals who are already here and wish to extend a stay in B status or change to another nonimmigrant status (that is, change either to or from B status). USCIS also adjudicates employer petitions in H nonimmigrant visa classifications. As part of the above-described regulatory process, we are, in coordination with the Department of State and other immigration components within DHS, reviewing existing policy with respect to “B-1 in lieu of H-1,” as well as “B-1 in lieu of H-3.”

Director Cissna’s letter, copied to six Republicans and two Democrats, refers to a meeting “in the near future” with Rep. Mitchell to “discuss our efforts to improve the B visa program, as well as our other regulatory initiatives and statutory suggestions.”