Foreign Student Visas: INS Proposed Rule on Electronic Reporting and Recordkeeping

The Immigrant Policy Project

Subject: Immigrant Policy Date: 06/13/2002
Title: Foreign Student Visas: New INS Database

By: Donald Turnbull and Ann Morse

Foreign Student Visas: INS Proposed Rule on Electronic Reporting and Recordkeeping (SEVIS)

On May 16, 2002, the Immigration and Naturalization Service (INS) issued a proposed rule amending its data collection and reporting requirements for F, J, and M student visas. The Student and Exchange Visitor Information System (SEVIS) is a new internet-based system of the INS that will collect information from schools relating to nonimmigrant foreign students during their period of study in the U.S. The new system updates and improves the current paper process; will improve the reporting and record keeping of F, J, and M nonimmigrants, and implements "reasonable and clear standards governing the maintenance, extension and reinstatement of student status." SEVIS allows for instant updates to the record for the school and INS. The system becomes mandatory on January 30, 2003.

Definitions:

F-1 nonimmigrants are foreign students pursuing a full course of study at a college, high school, other academic institution, or language training program.
J-1 non immigrants are foreign students who have been selected by the Department of State to participate in an exchange visitor program, including graduate medical education or training.
M-1 non immigrants are foreign students pursuing a full course of study at an INS-approved vocational school or other recognized nonacademic institution.
F-2, J-2, and M-2 non immigrants are spouses or children of the respective non immigrants.

The proposed rule will:

1) implement SEVIS through establishing a process for electronic reporting.

Forms will be available to the school and INS online, eliminating the current paper-based system.
Voluntary participation begins 7/1/02. Mandatory participation is required by 1/30/03. All schools approved by INS must use SEVIS in order to continue accepting foreign students. Only SEVIS forms will be used for entry into the US, change of nonimmigrant classification, or any other immigration benefit.
Schools must be recertified by INS to be entered into SEVIS, and schools authorized to accept F-1 and M-1 students who did not apply for or qualify for preliminary enrollment will have to be reviewed and re-approved by the INS.
If a student is issued multiple SEVIS Forms I-20, once a student uses one to obtain student status, SEVIS cancels the remaining forms to prevent fraudulent use.

2) amend existing regulations to improve accountability and implement reasonable and clear standards to achieve and maintain student status.

Schools are currently required to maintain records of the student's name, date and place of birth, country of citizenship, address, status, date of commencement of studies, degree program and field of study, practical training, termination date and reason, documents related to the student's admission, the number of credits completed per semester, and a photocopy of the student's Form I-20.

Schools are now responsible for updates of the student's status including but not limited to:

A student's failure to enroll;
When a school authorizes a student's request for curricular practical training;
When a student drops below a full course of study without prior authorization;
When a student or dependent changes his/her legal name or address;
The start date of the student's next term;
A student's graduation prior to the program end date listed on the Form I-20;
Disciplinary action taken by the school against a student convicted of a crime; and,
If the INS incorporates new statutory requirements

The new rule also proposes:

a limit on the amount of time a student can drop below a full course of study;
that a student must be in lawful status to apply for an extension of status;
that a student must apply for reinstatement of student status within 5 months of being out of status;
the advance admission to the U.S. before a program begins be cut from 60 to 30 days; and,
the school enter information on a student's dependent, who will have his own SEVIS form.

The INS has determined that the rule will "not have substantial direct effects on the States, on the relationship between the National Government and the States, or on the distribution of power and responsibilities among the various levels of Government."

Written comments are due June 17, 2002.

Reference:

DEPARTMENT OF JUSTICE Immigration and Naturalization Service 8 CFR Parts 103 and 214
Federal Register: May 16, 2002 (Volume 67, Number 95)

Resources:

http://www.ins.usdoj.gov/graphics/services/tempbenefits/sevp.htm

Prepared by the Immigrant Policy Project, National Conference of State Legislatures. For more information, contact Ann Morse at 202-624-5400.

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