April 11, 2002 -Citing national security concerns, the U.S. Immigration and Naturalization Service (INS) will issue an interim rule that will prevent B-1 and B-2 nonimmigrant visitors from attending school until an application to change nonimmigrant status to F-1 or M-1 student status has been approved by INS. Previously, B-1 and B-2 visitors were permitted to attend school while the change of nonimmigrant status application was pending adjudication. This interim rule, which goes into effect on April 12, 2002, will not limit the ability of other nonimmigrants, such as H-4s, TDs, or J-1s to participate in an academic course of study.

This regulatory change will have a significant impact on those B-1 and B-2 nonimmigrants who enter the United States in order to choose a university, and who then plan to apply for a change of status upon admission. B-1 and B-2 nonimmigrants will now be considered to have violated their status if they commence their studies before an application to change nonimmigrant status has been approved by INS. Adjudication of such applications has historically taken many months, and this new regulation could result in the prospective student's inability to attend school at the beginning of the next academic year. Those B nonimmigrants who filed an application to change status before April 12th, 2002 will not be affected by this new rule, and may begin attending school immediately after filing an application for change of nonimmigrant status. However, from April 12th onward, B nonimmigrants who apply for a change of status to F-1 or M-1 must wait until the INS approves the application before beginning studies.

Complicating the issue further, the INS is proposing rules that will amend current regulations regarding a prospective student's entrance into the U.S. in B-1 or B-2 status to visit possible places of study. Under these proposed regulations, only those B nonimmigrants who affirmatively state an intention to visit schools at the time of admission, and whose I-94s are annotated with the phrase "Prospective Student" will be able to request a change of status to F-1 or M-1. Additionally, prospective students who have already received Form I-20, Certificate of Eligibility for Nonimmigrant Student, from one or more schools will be required to present the Form at the time of admission. If the "Prospective Student" annotation is not present on Form I-94, the request to change status will be denied by the INS. Prospective students with no annotation on their Form I-94 will be required to leave the U.S. to request an F-1 or M-1 visa at a U.S. consulate. This rule could take effect as early as next month.