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Original Date Announced
May 11, 2020DHS 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 nationalsEffective Date
May 11, 2020Biden Administration Action: Modified
October 13, 2022DHS Period of Admission and Extensions of Stay for Reps of Foreign Information Media
This Biden administration policy replaces the Trump-era policy identified in this entry.
On October 13, 2022, CBP issued a final rule removing the set period of stay of up to 90 days for I visa holders from the People’s Republic of China and allowing the Secretary of Homeland Security to determine the maximum period of stay, no longer than one year.
View DocumentCurrent Status
Partially in effectMost Recent Action
October 13, 2022 Action: Modified DHS Period of Admission and Extensions of Stay for Reps of Foreign Information MediaOctober 13, 2022Acted on by Biden Administration
Original Trump Policy Status
Status: Final/Actual ReplacedTrump Administration Action: RuleSubject Matter: Non-Immigrant VisasAssociated or Derivative Policies
- May 29, 2020 POTUS issues proclamation suspending entry of certain students and researchers from China
- June 26, 2020 Secretary of State announces visa restrictions on certain Chinese Communist Party officials
- July 14, 2020 POTUS issues Executive Order on Hong Kong, affecting visas
- August 24, 2020 State Department requires Confucius Institute U.S. to provide list of Chinese citizens
- December 2, 2020 DOS tightens visa restrictions for Chinese Communist Party members
Pre Trump-Era Policies
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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
Biden Administration Policy Documents
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