Key Points
  • State Department has proposed changes to “B-1 in lieu of H” policy
  • State Department proposes expansion of information collection for certain visa applicants
  • Proposed rules will be published in the Federal Register on October 21, 2020
  • Rules are subject to a 60-day public comment period starting October 21st
Overview

The US Department of State (DOS) has proposed new visa application questions that will collect more information from applicants. They agency has also proposed a rule that prevents the issuance of a B-1 business visitor visa in lieu of an H-1B or H-3 nonimmigrant visa. The State Department has issued pre-publication versions of both rules, but the agency must revise the Foreign Affairs Manual for the changes to take effect.

What are the Changes?

The State Department’s proposed rule for business visitors will eliminate regulations that currently permit consular officers to issue B-1 business visitor visas to applicants who qualify as H-1B or H-3 nonimmigrants. The new rule would require the applicants to meet additional qualifications for a B-1 visa for reasons other than the “B-1 in lieu of H” policy.

Additionally, the State Department has proposed application questions that will collect more information from certain visa applicants. The new rules would require applicants to provide their travel history in the past 15 years, their funding sources for travel, and additional personal information.

Looking Ahead

The State Department’s rules will be published in the Federal Register on October 21, 2020. They will be subject to a 60-day public comment period.


Corporate Immigration Partners
465 California St., #700
San Francisco, CA 94104
Americas: +1 415-771-7500
EMEA: +44 20 34326564
APAC: +86 10 84053554
info@cipllp.com