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DHS restricts admission periods for Chinese journalists

  1. Original Date Announced

    May 11, 2020

    DHS issues a rule restricting the time Chinese journalists on I visas are admitted to the United States to only the period necessary to accomplish the authorized purpose of their stay and not to exceed 90 days, rather than for the duration of their status. The rule was signed by Chad Mizelle, Senior Official Performing the Duties of the General Counsel, on behalf of Acting Secretary Wolf.

    [ID #787]

    DHS rule preventing indefinite I-visa admission for Chinese nationals
  2. Effective Date

    May 11, 2020

Current Status

Fully in Effect

Original Trump Policy Status

Status: Final/Actual
Trump Administration Action: Rule
Subject Matter: Non-Immigrant Visas
Agencies Affected: CBP USCIS

Pre Trump-Era Policies

  • DHS and its predecessor INS have long interpreted 8 CFR 214.2(i) to provide that I visa holders are authorized admission for the duration of status, rather than for a set period of time. See generally Memorandum, INS Office of the General Counsel, Genco Op. No. 94–23, 1994 WL 1753127, at *3 (May 9, 1994) (‘‘[R]epresentatives of information media are not currently restricted by statutory language to any temporary period. The regulations authorize their admission for ‘duration of status.’ ’’). Duration of status refers to the period of time in which the visa holder continues to meet the terms and conditions of their admission, including that they remain employed with the same employer and use the same information medium. 8 CFR 214.2(i).

    8 CFR Part 214 Nonimmigrant Classes; Admission Period and Extensions of Stay

Documents

Trump-Era Policy Documents

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