I just had a lengthy meeting with Homeland Security. After discussions over the last several weeks they finally came with answers to my questions.
If someone wants to come to the U.S.A. to build hours or do any other pleasure flying they are ok to enter the country on the Visa Waiver Program and have a holiday flying.
As of April 12, 2002 no person can enter the U.S.A. and train on a Tourist Visa or a Visa Waiver.
The 18 hours of study per week loophole has been removed. If you are going to train in the U.S.A. after April 12, 2002 you MUST BE ON A F-1, M-1, or J--1 Visa.
Here is a printable link to the new Regulation:
Requiring Change of Status From B to F-1 or M-1 Nonimmigrant
Here is some of the points in the new code:
DEPARTMENT OF JUSTICE
Immigration and Naturalization Service
8 CFR Parts 214 and 248
[INS No. 2195-02]
RIN 1115-AG60
Requiring Change of Status From B to F-1 or M-1 Nonimmigrant
Prior to Pursuing a Course of Study
AGENCY: Immigration and Naturalization Service, Justice.
SUMMARY: This interim rule amends the Immigration and Naturalization Service (Service) regulations by eliminating the current provision allowing a B-1 or B-2 nonimmigrant visitor for business or pleasure to begin attending school without first obtaining approval of a change of nonimmigrant status request from the Service. This change will enhance the Service's ability to support the national security needs of the United States and is within the Service's authority under section 248 of the Immigration and Nationality Act (Act). The amendment will ensure that no B nonimmigrant is allowed to enroll in school until the alien has applied for, and the Service has approved, a change of nonimmigrant status to that of F-1 or M-1 nonimmigrant student.
DATES: Effective date: This interim rule is effective April 12, 2002.
What Is the Service Changing in This Interim Rule?
The Service is eliminating the ability of an alien admitted to the
United States as a B-1 or B-2 nonimmigrant to begin attending classes without first applying to the Service, and obtaining the Service's prior approval, for a change of nonimmigrant status to that of an F or M nonimmigrant student. This rule expressly prohibits a B nonimmigrant from enrolling in a course of study or taking other actions inconsistent with B nonimmigrant status unless and until the Service has approved the B nonimmigrant's change to an appropriate student nonimmigrant status.
Why Is the Service Instituting This Change?
The terrorist attacks of September 11, 2001, highlight the need of the Service to maintain greater control over the ability of an alien to change nonimmigrant status once the alien has been admitted to the United States. This interim rule will allow the Service to fully review any request from a B nonimmigrant to change nonimmigrant status to that of full-time student before allowing the alien to enroll in a Service-approved school. The elimination of the ability of a B nonimmigrant to begin classes before receiving the Service's approval of the change of nonimmigrant status is also consistent with the Act's requirement in section 101(a)(15)(B) that a B nonimmigrant not be a person coming to the United States for the purpose of study.
The Service's implementation of this rule as an interim rule, with provisions for post-promulgation public comments, is based on the "good cause'' exceptions found at 5 U.S.C. 553(b)(B) and (d)(3). The reason and necessity for the immediate promulgation of this rule are as follows: The rule is necessary to ensure the national security of the United States by eliminating the ability of a B nonimmigrant to enroll in school until the Service has approved a change of nonimmigrant status application filed by the prospective alien student. The previous rule allowing such enrollment prior to adjudication of the application was used by some of the September 11th terrorists to obtain flight training in the United States. Closing this loophole is essential to efforts to prevent this abuse from recurring.
Dated: April 9, 2002.
James W. Ziglar,
Commissioner, Immigration and Naturalization Service.
[FR Doc. 02-8926 Filed 4-9-02; 1:54 pm]
BILLING CODE 4410-10-P
If anyone has questions, please ask me and I endeavor to get the answers from my contacts in Homeland Security.
Take Care,
Capt. Richard J. Gentil, Pres.
Naples Air Center, Inc.
[Note to the moderators, I have posted this on the threads in Wannabes and Private Flying.]