New 90-Day Rule and Nonimmigrant Intent

By: Navdeep Meamber

Recently the Department of State has amended the Foreign Affairs Manual to include a new 90–Day Rule. Under this rule, some acts may be presumed as violation of nonimmigrant status if undertaken within 90 days of entry to the U.S on certain nonimmigrant intent visa status such as B or F status. These acts include but not limited to:

• Marrying a U.S. citizen/permanent resident within 90 days of entering the US on a non- immigrant visa;
• Filing for change of status or adjustment of status in the US within 90 days of entry on nonimmigrant visa such F or B status;
• Unauthorized employment- Any service or labor performed for an employer within the United States by a foreign national who is not authorized by the USCIS to accept employment;
• Enrolling in a school while in B status.