[Federal Register Volume 67, Number 95 (Thursday, May 16, 2002)]
[Proposed Rules]
[Pages 34862-34880]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-12022]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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Federal Register / Vol. 67, No. 95 / Thursday, May 16, 2002 /
Proposed Rules
[[Page 34862]]
DEPARTMENT OF JUSTICE
Immigration and Naturalization Service
8 CFR Parts 103 and 214
[INS No. 2185-02]
RIN 1115-AG55
Retention and Reporting of Information for F, J, and M
Nonimmigrants; Student and Exchange Visitor Information System (SEVIS)
AGENCY: Immigration and Naturalization Service, Justice.
ACTION: Proposed rule.
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SUMMARY: This rule proposes to amend the Immigration and Naturalization
Service (Service) regulations governing the retention and reporting of
information regarding F, J, and M nonimmigrants. This rule will
implement the Student and Exchange Visitor Information System (SEVIS),
and establish a process for electronic reporting by designated school
officials (DSO) of information required to be reported to the Service.
This is necessary to improve and streamline the reporting and record
keeping of F, J, and M nonimmigrants. This rule also proposes to amend
the existing regulations relating to F and M students to improve
accountability and to implement reasonable and clear standards
governing the maintenance, extension and reinstatement of student
status.
DATES: Written comments must be submitted on or before June 17, 2002.
ADDRESSES: Please submit written comments to the Director, Regulations
and Forms Services Division, Immigration and Naturalization Service,
425 I Street, NW., Room 4034, Washington, DC 20536. To ensure proper
handling, please reference INS No. 2185-02 on your correspondence.
Comments may also be submitted electronically to the Service at
[email protected]. When submitting comments electronically, please
include INS No. 2185-02 in the subject heading. Comments may be
inspected at the above address by calling (202) 514-3048 to arrange for
an appointment.
FOR FURTHER INFORMATION CONTACT: Maura Deadrick, Assistant Director,
Adjudications Division, Immigration and Naturalization Service, 425 I
Street NW., Room 3040, Washington, DC 20536, telephone (202) 514-3228.
SUPPLEMENTARY INFORMATION:
Who Are F, J, and M Nonimmigrants?
The Immigration and Nationality Act (Act) provides for the
admission of various classification of nonimmigrants, who are foreign
nationals having a residence in a foreign country which they have no
intention of abandoning, and who are seeking temporary admission to the
United States. The purpose of the nonimmigrant's intended stay in the
United State determines his or her proper nonimmigrant classification.
F-1 nonimmigrants, as defined in section 101(a)(15)(F) of the Act,
are foreign students pursuing a full course of study in a college,
university, seminary, conservatory, academic high school, private
elementary school, other academic institution, or language training
program in the United States that has been approved by the Service to
enroll foreign students. For the purposes of this rule, the term
``school'' refers to all of these types of Service-approved
institutions. An F-2 nonimmigrant is a foreign national who is the
spouse or qualifying child (under the age of 21) of an F-1
nonimmigrant.
J-1 nonimmigrants, as defined in section 101(a)(15)(J) of the Act,
are foreign nationals who have been selected by a sponsor designated by
the United States Department of State (DOS) (formerly the United States
Information Agency (USIA)) to participate in an exchange visitor
program in the United States. The J-1 classification includes, among
others, aliens participating in programs under which they will receive
graduate medical education or training. For purposes of this rule,
``exchange visitor program'' refers to all organizations or
institutions designated by the Department of State to conduct an
exchange program. A J-2 nonimmigrant is a foreign national who is the
spouse or qualifying child (under the age of 21) of a J-1 nonimmigrant.
M-1 nonimmigrants, as defined in section 101(a)(15)(M) of the Act,
are foreign nationals pursuing a full course of study at a Service-
approved vocational school or other recognized nonacademic institution
(other than in language training programs) in the United States. The
term ``school'' for the purposes of this proposed rule also encompasses
all institutions approved for attendance by M-1 students. An M-2
nonimmigrant is a foreign national who is the spouse or qualifying
child (under the age of 21) of an M-1 nonimmigrant.
(Among the kinds of schools approved for attendance by M-1 students
are flight training schools. The Service notes that section 113 of the
Aviation and Transportation Security Act, Public Law 107-71 (Nov. 19,
2001), imposes new restrictions on providing flight training to aliens
and requires a prior notification to the Attorney General before such
training can begin. The requirements of that law are separate from, and
in addition to, the law and regulations governing M-1 students. The
Department of Justice has already published public notices pertaining
to section 113 at 67 FR 2238 (Jan. 16, 2002) and 67 FR 6051 (Feb. 8,
2002), and the Department will be promulgating implementing rules in a
separate proceeding.)
I. Description of the New Process
What Is the Student and Exchange Visitor Information System (SEVIS)?
Section 641 of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (IIRIRA), Public Law 104-208, Div. C (Sept.
30, 1996), directs the Attorney General to develop and conduct a
program to collect current information, on an ongoing basis, from
schools and exchange programs relating to nonimmigrant foreign students
and exchange aliens during the course of their stay in the United
States, using electronic reporting technology to the fullest extent
practicable.
SEVIS implements this requirement. SEVIS is an internet-based
system that provides users with access to accurate and current
information on nonimmigrant foreign students, exchange aliens, and
their dependents. SEVIS will enable schools and exchange programs to
transmit electronic information and event notifications, via the
Internet, to the Service and the Department of State throughout a
[[Page 34863]]
student's or exchange alien's stay in the United States.
Currently, for F-1 and M-1 students, schools are required to
maintain local records on each nonimmigrant student, and to produce
such information upon request by the Service. In order to enroll a
nonimmigrant student, a school, at the time of offering acceptance,
must complete and send a multi-copy paper Form I-20A-B, Certificate of
Eligibility for Nonimmigrant (F-1) Student Status for Academic and
Language Students, or Form I-20M-N, Certificate of Eligibility for
Nonimmigrant (M-1) Student Status For Vocational Students. A copy of
the Form I-20 is maintained by the school, a copy is provided to the
nonimmigrant, and a copy is routed to the Service for data-entry into a
mainframe database, processed, and then returned to the school for
inclusion in its local record. Other than entry into a mainframe
database, which is not accessible for use by the school, the current
process is entirely manual and paper-based.
SEVIS creates a means for information collection and reporting via
the Internet and a reduction in data latency and paper record
maintenance and routing. In order to create a Form I-20, the school
will now access SEVIS and enter the information electronically, thus
instantly collecting the data in a central database before the form is
ever printed. There will no longer be a need for multiple copies of the
forms, since the Service will not need a copy to be routed for data-
entry. Likewise, the school will no longer be required to maintain its
own paper copy of the record, since it will be accessible to the school
through SEVIS. Once it is fully operational and all affected schools
are mandated to utilize the system, SEVIS will completely replace and
aggregate the Service's existing mainframe database, the Student/School
system (STSC).
Similarly, at present, an exchange visitor program admitting J-1
exchange aliens currently must complete a Form DS-2019 (previously Form
IAP-66). Under SEVIS, exchange programs will use SEVIS to enter
information electronically and generate a Form DS-2019 for their
participating exchange aliens. For clarification purposes, sections of
this text that refer specifically to a Form I-20 or DS-2019 issued from
SEVIS will refer to the forms as a SEVIS Form I-20 or SEVIS Form DS-
2019.
Must All Schools and Exchange Visitor Programs Participate in SEVIS?
Currently, SEVIS is anticipated to begin implementation for
participation on a voluntary basis on July 1, 2002. Participation in
SEVIS at first will be voluntary, but will become required on January
30, 2003. The Department of State will issue separate regulations
establishing a compliance date for all exchange visitor programs.
Once use of SEVIS is mandatory, all schools approved by the Service
must be using SEVIS in order to continue accepting foreign students and
all exchange visitor programs must be using SEVIS to enroll exchange
aliens. Thereafter, only SEVIS Forms I-20 for F-1 or M-1 students or
SEVIS Form DS-2019 for J-1 exchange aliens can be used for entry into
the United States, change of nonimmigrant classification,
reinstatement, transfer, extension, or any other immigration benefit.
The Service recognizes that the compulsory date of January 30,
2003, may pose challenges for schools as there may be changes to
existing systems and processes required of schools in order to be in
compliance. Therefore, the Service is soliciting comments from the
schools regarding the amount of time the schools believe will be
necessary to convert to the SEVIS system. Commenters should state
specifically the steps that must be taken before being able to fully
convert to SEVIS and indicate particular problems or obstacles that may
be faced in trying to meet the proposed deadline. The Service will
consider the information provided in the comments in the drafting of
the final rule.
In the meantime, there will be schools and exchange visitor
programs that continue to use the existing paper-based processes and
others that begin to use SEVIS, as they choose. This phased-in approach
will allow schools and exchange visitor programs sufficient time to
conform their internal processes to a system that will successfully
interface with SEVIS.
Accordingly, this proposed rule amends Sec. 214.2(f) and (m) of the
Service's regulations to allow for different reporting processes for
schools prior to the final SEVIS implementation date, depending upon
whether or not they have been enrolled in SEVIS. These alternative
processes are clearly distinguished in the text of this proposed rule.
The Service will publish a rule when SEVIS becomes mandatory to remove
all references in the regulations to paper-based processes.
The Department of State's separate rule will provide the
appropriate processes for exchange visitor programs to follow with
respect to J nonimmigrants, depending on whether or not those programs
have been enrolled in SEVIS during the time before use of SEVIS becomes
mandatory.
Although IIRIRA section 641 mandates the development of a new
information collection program, the Service is also pursuing this
system as a result of its recognition that the current reporting
process for foreign student and exchange aliens is not an effective
means to maintain timely information on F, J, and M nonimmigrants.
Under the current paper-based system, the Service is unable to provide
expedient responses to benefit requests, such as for employment
authorizations and reinstatements. By reengineering the information
reporting program from a paper-based process to one that is automated,
the Service anticipates an improved system for the Service and DOS, for
the schools and exchange visitor programs subject to their authority,
and for the foreign students and exchange aliens coming to the United
States to attend them.
What Is the Monetary Impact That SEVIS Will Have on Schools?
The Service believes that SEVIS will have a positive impact on
schools and will make the oversight of foreign students on their
campuses and administration of international student programs easier
for most DSOs. Schools using SEVIS will no longer have to print out,
file, and mail as many paper forms. However, each institution is
different and will have processes and systems that are unique. For
schools that do not require or desire the use of batch capability,
there should be little to no additional cost, and in fact, some savings
may result from the efficiencies that SEVIS will provide. These schools
will access SEVIS through the Internet and in all likelihood will have
to make no changes or upgrades to their existing systems. As long as
the school has an Internet browser, MS Internet Explorer 5.0 or better,
or Netscape 4.7 or better, they can access SEVIS.
The monetary impact on schools that desire to use batch capability
may be greater. These schools may need to pay the cost of whatever
modifications are necessary to make their existing systems compatible
with that of SEVIS. However, that one-time start-up cost might be
highly cost-effective in the long run because, once the electronic
interface is complete, the process of maintaining student records for
purpose of SEVIS will be highly automated, thereby reducing the future
personnel costs. Moreover, these decisions as to cost/benefit tradeoffs
will be made by each school in light of their own circumstances. The
use of the batch
[[Page 34864]]
mode will be entirely optional. Even if schools use only the Internet
mode, the process should be considerably more efficient than it is at
present.
In order for the Service to better gauge what monetary impact, if
any, there will be on schools, the Service is soliciting comments
specifically related to this issue. Schools are requested to comment on
what they believe will be the cost to bring their existing equipment
and systems into compliance with SEVIS and or any increases or
decreases necessary for staff.
Will a School Need To Be Recertified Prior To Enrolling in SEVIS?
In order to maintain the integrity of the data that is initially
being entered into SEVIS, all schools will need to be recertified by
the Service. The Service will be publishing a separate notice in the
Federal Register to allow schools that meet a specific criteria to be
eligible for preliminary enrollment in SEVIS. In addition, the Service
will promulgate a separate rule that will require each school
authorized to accept F-1 or M-1 students who did not apply for or
qualify for preliminary enrollment to be reviewed and re-approved. Such
preliminary enrollment or re-approval must be completed before a school
will be granted authorization to use SEVIS.
How Does a School or Exchange Program That Is Not Currently Approved by
the Service or by the Department of State Enroll in SEVIS?
This rule proposes a process by which a school may use SEVIS to
maintain its authorization for attendance at that school by F-1 and M-1
nonimmigrant students. To gain access to SEVIS, the school must first
contact the SEVIS system administrator to receive a temporary User ID
and password by logging onto the SEVIS Web site. The temporary ID and
password will be valid for 30 days from issuance by the system
administrator.
After receiving the temporary ID and password, the school will
complete the Form I-17 petition in SEVIS and print it for submission by
mail to the appropriate Service office with supporting documentation.
Upon making a decision, the Service will update SEVIS to show the
status of the application as approved or denied and an email
notification will be sent to the school. Every school using SEVIS must
immediately update SEVIS to reflect any material modification to its
name, address or curriculum for a determination of continued
eligibility for approval.
As stated earlier, the Service will be promulgating a separate rule
to implement the recertification process that a school needs to
complete prior to being given authorization to use SEVIS. With these
future rulemakings it is the Service's intention to move toward a
paperless process for institutions to submit petitions for approval to
the Service. In drafting these subsequent rules, the Service will
consider streamlined electronic processes in use at other agencies.
Where possible, the Service will make efforts to share information
electronically with the Department of Education to refine the approval
criteria and supporting documentation to allow for this paperless
submission process.
The Department of State's separate rule will describe the process
for exchange visitor programs to enroll in SEVIS.
When a School or Exchange Program Enrolls in SEVIS Prior to the Final
SEVIS Implementation Date, Must All Current Students or Exchange Aliens
Be Enrolled Into SEVIS at That Time?
This rule proposes that schools that enroll in SEVIS prior to the
final SEVIS compliance date may utilize SEVIS initially only for newly-
enrolled students; they will not be required to enter all data for
their current students into the SEVIS system at the same time, but may
do so. However, if a current student needs a new Form I-20, the school
must enter the student into SEVIS at that time in order to issue a
SEVIS Form I-20 to the alien. The current student is entered into SEVIS
as a ``continuing'' student to transition from a paper to a SEVIS
record and is thereafter under SEVIS processes. Such a ``continuing''
indicator will eventually be deactivated in SEVIS since all students
will be included in SEVIS within the next academic cycle after the
compliance date and there will not be any non-SEVIS students that would
require a ``continuing'' functionality for the DSO to convert.
Moreover, once a school is utilizing SEVIS, the school will be required
to report the enrollment of any F-1 or M-1 nonimmigrant every semester,
term or session thereafter. In addition, the school will be required to
report, in SEVIS, the current students that fail to enroll, maintain
status, or complete his or her program.
The substantive regulations governing the approval of exchange
visitor programs and the granting of J nonimmigrant visas are
promulgated by the Department of State, and will be addressed in a
separate rule. Accordingly, much of the following discussion in this
preamble focuses specifically on the F and M nonimmigrants who are
subject to the Service's authority, and the Service-approved schools
authorized to enroll them.
II. Issues Relating to F and M Nonimmigrants
What Does 8 CFR 214.3 Currently Require a School to Report?
Section 214.3(g) requires that the school 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. A
school is responsible for maintaining this information on every student
to whom it has issued a Form I-20 while the student is attending the
school and until the Designated School Official (DSO) notifies the
Service that the student is no longer attending the school. Schools are
also required to furnish the information to the Service upon request.
Under the current process, a DSO is only required to notify the Service
if a student is no longer attending the school when the Service sends a
list of all F-1 and M-1 students who, according to Service records, and
attending the school.
SEVIS, as implemented by this rule, will alleviate some of the
problems faced by the DSO by facilitating the process of notifying the
Service of a change in information in a timely way. It will also assist
the Service by providing access to current data. All of the information
that the DSO is currently required to maintain will still be required.
However, the information will now also reside in SEVIS rather than at
each individual school.
The maintenance of the information in SEVIS begins with the
creation of the student's SEVIS Form I-20. Any subsequent updates to
the SEVIS Form I-20, or other changes of information pertaining to the
student, will also be captured in SEVIS. This will reduce the DSO's
workload and the need for a Service officer to contact the school for
access to these records.
What Are the New Reporting Requirements for Schools?
The Service has incorporated the requirements of Section 641 of
IIRIRA, which mandates collecting the current address and current
academic status of the student, as well as any disciplinary action
taken by the school against the student as a result of the student
being convicted of a crime. Schools will use
[[Page 34865]]
SEVIS for issuance of SEVIS Form I-20, and tracking extensions,
transfers, authorized employment, and reduced course loads. In
addition, schools will not be specifically required to update the
Service through SEVIS of the occurrence of the following events:
A student's enrollment at the school;
The start date of the student's next term or session;
A student's failure to enroll;
A student dropping below a full course of study without
prior authorization by the DSO;
Any other failure to maintain status or complete the
program;
A change of the student's or dependent's legal name or
address;
Any disciplinary action taken by the school against the
student as a result of the student being convicted of a crime; and
A student's graduation prior to the program end date
listed on the Form I-20.
Additionally, within 21 days of a change in the name, address, or
curriculum of a school, this rule requires that a DSO update SEVIS with
the current information. In certain instances SEVIS will send a
``tickler'' to a DSO when a student's record has not received any
action for an extended length of time. When a DSO receives such a
notification request by SEVIS with regard to the current status of the
student, the DSO must review the student's record and update SEVIS to
indicate that the student is enrolled or take other appropriate action.
The Service also notes that legislation currently pending before
the Congress, section 501 of H.R. 1885 (as passed by the House of
Representatives on March 12, 2002), would impose a requirement for
schools and exchange visitor programs to report additional items of
information with respect to students and exchange aliens, namely:
Within a thirty-day period, the failure of the student or
exchange visitor to enroll or commence participation;
Date of entry and port-of-entry;
The date of the alien's enrollment in an approved
institution or exchange program;
Degree program and field of study; and
The date of the termination of enrollment and the reason
for termination.
Although not identical, all of these data elements are reflected in
the current SEVIS requirements. If this legislation is enacted, the
Service will review it to determine what, if any new statutory
reporting requirements are created. If necessary, the Service will
impose any such additional requirements after this proposed rule is
published by incorporating those statutory requirements (without
further rulemaking notice) into any interim or final rule implementing
SEVIS.
What Changes Would This Rule Make With Respect to Designated School
Officials?
Currently, 8 CFR 214.3 allows a school (or each campus of the
school) to have up to five Designated School Officials. This rule
proposes to create a new category of Designated School Official, the
Principal Designated School Official (PDSO), and a new support
position, the Administrative School Official (ASO). Each school may
have five DSOs, one of which is the PDSO, and up to five ASOs. In a
multi-campus school, each campus may have up to five designated
officials at any one time, one of which is the PDSO, and up to five
ASOs. In an elementary or secondary school system, however, the entire
school system is limited to five designated officials at any one time,
one of which is the PDSO, and up to five ASOs.
Another alternative that the Service is considering is to correlate
the number of DSOs allowed to the size of the school's F-1 and M-1
student population. Comment is invited on the general feasibility of
such an approach, particularly with respect to the proportion of DSOs
to international students currently existing and the proportion that
would be optimal for schools.
In SEVIS, the PDSO will be the contact person for the original
submission of the Form I-17. The PDSO will also be the responsible
party for any updates to the PDSO, DSO or ASO information. In all other
respects, the PDSO will have the same responsibilities as the other
DSOs.
The functions of the ASO will be limited to clerical duties and
data entry. The ASO may not sign or issue either a current or SEVIS
Form I-20, authorize curricular practical training, or provide any
update to SEVIS. The access of the ASO will be limited in SEVIS to
purely data entry of SEVIS Form I-20 information which must then be
reviewed and submitted to SEVIS by a PDSO or DSO.
This rule also proposes a new requirement that any DSO, including
the PDSO, must be a United States citizen or Lawful Permanent Resident
(LPR) of the United States.
This rule proposes to require that an approved school update SEVIS
for any changes in PDSO, DSO or ASO within 21 days of such change. The
update of the new official must include the name and title of the new
official, as well as the official's certification of compliance with
the regulations. This update can be made only by the PDSO.
This rule also proposes to clarify that, as part of the Service's
authority over a school's ability to enroll foreign students, the
Service has authority to reject the submission of a particular
individual as a DSO, PDSO, or ASO as well as to withdraw an
individual's designation as a DSO, PDSO, or ASO. Examples of when the
Service would exercise this authority include situations in which a DSO
is not a U.S. citizen or LPR, or in which a PDSO, DSO or ASO is not
complying with the relevant regulations and program requirements as
attested to on Form I-17A, Designated School Officials.
Finally, although the Service is not making a specific proposal at
this time, the Service is seeking public suggestions and input on how a
program for educating and certifying DSOs might be structured, and
whether such certification should be a requirement for all PDSOs, DSOs,
and/or ASOs. DSOs are the link between the Service and the nonimmigrant
student population for which the Service is responsible. It is not
practical or feasible for the Service to have a presence at all
schools. These factors, along with the Service's desire to preserve the
integrity of data submitted through the SEVIS system, have highlighted
the need for a process that can certify DSOs.
Will the Form I-20 Continue To Be Used?
This proposed rule discusses the differences in the Form I-20ID,
Form I-20A-B, and Form I-20M-N that are currently in use and the Form
I-20 that will be issued by SEVIS. The current Form I-20 has two
copies, one for the student, and one for the school. Currently, the
entire Form I-20A-B/I-20ID or Form I-20M-N/I-20ID is referred to as the
Form I-20A-B or Form I-20M-N, and the student copy is referred to as
the Form I-20ID.
The SEVIS Form I-20 will eliminate the need for the school copy, as
the information will be retained in SEVIS and easily accessible by the
school or by the Service for updating and record keeping purposes. The
student will retain his or her copy in the same manner as the process
currently in use for travel and employment purposes. The SEVIS Form I-
20 will also maintain the distinction between the Form I-20A-B that is
issued to F-1 students and the Form I-20M-N that is issued to M-1
students. The SEVIS Form I-20 can be further identified by the word
SEVIS
[[Page 34866]]
located in the upper right hand corner of the document and by a two-
dimensional barcode on the right hand side of the document.
What Is the SEVIS ID Number?
Each SEVIS Form I-20 that is issued by a school to a student will
contain a system-generated identification number. This number is
referred to as the SEVIS ID number. The SEVIS ID number will remain the
same as long as the student maintains his or her valid, original
nonimmigrant status. This number will remain the same regardless of any
changes or updates made by the DSO to the student's record.
When a student is inspected for admission, he or she will show the
SEVIS Form I-20 to the inspecting officer. Once SEVIS is fully
operational, the inspecting officer will record the number for
transition to SEVIS. The inspector will then return the student's copy
to the student with the appropriate entry stamp. The officer will have
not to forward a copy on to the Service's data processing center for
data entry, as the information will already be transmitted to SEVIS.
How Will SEVIS Track the Issuance of Multiple Forms I-20 and Deter
Misuse of Form I-20?
SEVIS will decrease the potential for the fraudulent misuse of the
SEVIS Form I-20. Prior to issuance of a student visa to a prospective
student, it is not uncommon for an alien to have been accepted at more
than one school, and therefore to have been issued a Form I-20 from
each of those schools offering acceptance. However, a student can
obtain an F-1 or M-1 student visa, and be admitted to the United
States, under only one Form I-20. The alien must present one Form I-20
to the consular officer, reflecting the student's decision as to which
school to attend.
To help avoid the risk of having the remaining Forms I-20 fall into
the hands of someone who might use them fraudulently, SEVIS will be
able to track the issuance of multiple SEVIS Forms I-20 based upon
numerous data elements in order to link the multiple forms to the same
individual. SEVIS will then cancel the other SEVIS Forms I-20 issued by
other schools with respect to the same individual once the student uses
one of the forms to obtain student status.
As an additional deterrent to misuse, once a Form I-20 is used to a
prospective student for initial eligibility, the DSO may not modify the
Form I-20 until the DSO updates SEVIS to verify that the student's
registration has been completed. However, a DSO may cancel or terminate
a Form I-20 at any time. Furthermore, the Form I-20 is issued for a
specific program start date. SEVIS will automatically terminate any
Form I-20 that has not been used as the basis for issuance of a student
visa, or for change of status to F or M status, by the program start
date.
How Does This Rule Address Distance Education or On-Line Programs?
While on-line and distance education programs can be highly
innovative means to augment or even conduct an educational program, the
entry of a foreign student into the United States becomes unnecessary
if the bulk of the program does not require the student's physical
presence. Therefore, this rule proposes to limit the enrollment of F-1
and M-1 students in courses that are on-line or through distance
education programs and do not require the student's actual presence.
The rule also provides a definition of on-line courses and distance
education programs that is similar to the definition provided by the
Department of Education for telecommunications courses.
Under proposed Sec. 214.2(f)(6)(i)(F), those students for whom on-
line or distance education credits can be counted toward the obligation
to maintain a full course of study will be limited to counting one
class or three credits per semester toward the obligation, provided
that the class is accepted for credit at the school that the student is
currently attending. No on-line or distance education classes taken by
an M-1 student, or by an F-1 student in a language program or
elementary or secondary school program, can be counted as being part of
the student's full course of study, given the limited duration or focus
of those programs.
What Other Changes Are Being Made Regarding a Full Course of Study?
This rule proposes to limit the amount of time during which an F-1
or M-1 student who is authorized to drop below a full course of study
because of illness or medical condition, the current requirement is
only that the student resume a full course of study when he or she
recovers. Such an open-ended standard can invite abuse.
Therefore, this proposed rule allows a DSO to authorize an F-1
student, who is currently in status, to drop below a full course of
study only for the periods of time set forth in proposed
Sec. 214.2(f)(6)(iii) and (M)(6)(vi). Except for students experiencing
illness or other medical condition, the DSO cannot authorize an F-1
student to drop below a full course of study for more than one semester
or term (excluding a summer session). A DSO may not authorize a reduced
course load for an M-1 student for more than 5 months. In any event, a
DSO may not authorize a student, other than one experiencing illness or
other medical condition, to completely withdraw from all classes; the
student's reduced course load must include at least some classes in
order for the DSO to grant authorization.
A student who is unable to resume a full course of study within the
allowable time period will not be able to continue that status and will
either have to leave the United States or apply for a change of
nonimmigrant status to a more appropriate category.
What Are the Reporting Requirements When the DSO Authorizes a Student
To Drop Below a Full Course of Study?
This rule will create an interim reporting requirement for non-
SEVIS schools to report to the Service for cases in which the DSO has
authorized an F-1 or M-1 student to drop below a full course of study.
Within 21 days of the authorization, the DSO must send to the STSC a
photocopy of the student's Form I-20 with Form I-538, indicating the
reason for the drop to STSC. DSOs are further required to report to the
STSC not more than 21 days after the student has resumed his or her
full course of study with Form I-20, reflecting the new program
completion date, if applicable, and Form I-538 certifying that the
student has resumed a full course of study.
For schools enrolled in SEVIS, this rule requires the electronic
updating of SEVIS whenever a student is authorized to drop below a full
course of study or has resumed a full course of study. A DSO must
immediately update SEVIS when a student has been authorized to drop
below a full course of study with the current date, the start date of
the next term or session, and the reason for the authorization. The DSO
must also update SEVIS within 21 days of the student's re-commencement
of a full course of study in accordance with the new registration
reporting requirement of 8 CFR 214.3(g)(3). If an extension is
necessary, the DSO must also use SEVIS to update the SEVIS Form I-20
with the new completion date.
How Are F-1 Student Transfers Handled Using SEVIS?
This rule makes clear that, prior to issuance of any Form I-20, the
DSO at the school to which the student is transferring is responsible
for determining that the student has been maintaining status at his or
her previous school and is eligible for transfer to the new school.
This includes cases in which the student graduates from one
[[Page 34867]]
educational level (e.g., bachelors to masters or masters to doctorate)
at the same school, as well as transfers to a different school.
The student must notify his or her current school of the intent to
transfer and indicate the school to which he or she intends to
transfer. Upon notification by the student, the current school's DSO
will update the student as a ``transfer out'' to the intended new
school in SEVIS. The DSO will indicate in SEVIS a release date, which
would usually be the current semester or session completion date, or
the date of expected transfer if earlier than the established academic
cycle. The current school will retain access to and will remain
responsible for the student in SEVIS until the release date. The
student must then notify the school to which the student intends to
transfer of the student's intent to enroll in the transfer school. Upon
reaching the release date, the new school will be granted full access
to the student's SEVIS record and may then issue a new SEVIS Form I-20,
becoming responsible for that student's record. The current school
conveys authority and responsibility over that student to the new
school, and will no longer have full SEVIS access to that student's
record. The new school may not issue a new SEVIS Form I-20 until after
the release date, thus managing the issuance of multiple SEVIS Form I-
20 within the United States. The student is then required to report his
or her presence to the new school within 15 days of the program start
date indicated on SEVIS Form I-20, so that the DSO at the transfer
school can acknowledge the student's attendance, obtain the student's
current address, and confirm that the student has completed the
transfer process. The transfer is effected when the transfer school
notifies SEVIS, within 30 days, in accordance with 8 CFR
214.3(g)(3)(iii), that the student has enrolled in classes.
What Are the Changes for M-1 Student Transfer?
This rule proposes to amend the current regulations in several
ways:
An M-1 student must be currently in status in order to
apply for a transfer;
The M-1 student must file Form I-539, Application to
Change/Extend Nonimmigrant Status, with the Service Center having
jurisdiction over the school he or she is currently authorized to
attend;
The date of approval of an M-1 transfer will be determined
as of the program start date listed on the Form I-20, rather than the
date of filing the application; and
An M-1 transfer student will be allowed to enroll in
classes at the transfer school at the next available term or session.
This rule proposes a process for the electronic update of SEVIS for
the transfer of an M-1 student that is generally similar to the process
for F-1 student transfer. The process differs, however, because the
Service must approve all M-1 student transfers, based on the
recommendation of the DSO.
After the transfer school issues a SEVIS Form I-20 to the student,
the M-1 student must then submit Form I-539 to the Service Center with
jurisdiction over the school which the student is currently authorized
to attend. Upon submission to the Service of the application for
transfer, the student may enroll in the transfer school at the next
available term or session, but must notify the transfer school within
15 days of beginning attendance so that the school can obtain the
necessary information for its records. The transfer school will then
update SEVIS to indicate that the student has enrolled in classes in
accordance with the new reporting requirement.
Once SEVIS is fully operational and interfaced with INS' CLAIMS 3
benefit processing system, the Service officer will transmit to SEVIS
the approval of the transfer and endorse the name of the school to
which transfer is authorized on the student's SEVIS Form I-20 and
return it to the student. As a transitional process until that time,
the student is required to notify the DSO at the transfer school of
Service's decision within 15 days of the receipt of the adjudication by
the Service. Upon notification by the student, the DSO must immediately
update the student's record in SEVIS to reflect the proper decision of
the Service Center. If approved, the DSO will update SEVIS to indicate
the approval and print an updated SEVIS Form I-20 for the student
indicating that the transfer has been completed. If denied, the DSO
shall terminate the student's status in SEVIS indicating the transfer
denial as the termination reason.
Finally, the Service notes that current Sec. 214.2(m)(6), (7), and
(8) relate to students who converted form F-1 status to M-1 status,
prior to June 1, 1982, and are therefore no longer applicable to any
current M-1 student. Accordingly, this rule proposes to remove these
provisions as well as the reference to the school code suffix in
Sec. 214.2(m).
What Changes Does This Rule Make With Regard to Practical Training?
This rule proposes to clarify several issues with regard to
practical training. First, this rule clarifies that practical training
is available to F-1 students who were involved in a study abroad
program during their course of study at an approved school. Although
part of the alien's study in such a case was conducted outside the
United States, these students remain enrolled at their school and have
earned credits toward their degree. The Service believes that the time
spent abroad, after the student has begun attendance at the school,
should count towards the 9 consecutive months required to apply for
practical training under 8 CFR 214.2(f)(10).
The rule also proposes to amend Sec. 214.2(f)(10) to clarify that
an F-1 student may be authorized for up to 12 months of practical
training for each program level that he or she undertakes. For example,
a student who has engaged in 12 months of practical training during
study for an undergraduate degree becomes eligible for another 12
months of practical training when he or she changes to a higher
educational level, such as a master's degree.
Curricular practical training. This rule requires that schools
using SEVIS update SEVIS any time that DSO authorizes a student's
request for curricular practical training (CPT), that is, a work/study
program, internship or practicum that is an integral part of an
established curriculum. The DSO must verify that the student meets the
eligibility requirements and must also update SEVIS to show whether the
work is full- or part-time, the start and end date of the employment,
and the name and location of the employer. The DSO will then print
SEVIS Form I-20 that indicates that curricular practical training
authorization has been granted, and sign, date and return the SEVIS
Form I-20 to the student prior to the student's commencement of
employment. A student is not eligible to begin work until the DSO has
updated SEVIS to show that curricular practical training is authorized
and has printed the SEVIS Form I-20 for the student to provide to the
employer. Schools using SEVIS will no longer need to send Form I-538 to
STSC when authorizing an F-1 for curricular practical training.
Optional practical training. This rule proposes to require a SEVIS
update for an F-1 student who requests optional practical training,
that is, temporary employment for practical training directly related
to the student's major area of study. Unlike curricular practical
training, which is approved by the DSO, optional practical training is
approved by the Service, based on the recommendation of the DSO, and
the student must also file Form I-765,
[[Page 34868]]
Application for Employment Authorization.
Under this rule, the DSO will recommend the student for optional
practical training in SEVIS and print the SEVIS Form I-20 with the
recommendation to be sent to the appropriate Service Center in
conjunction with a completed Form I-765. A DSO using SEVIS will no
longer need to submit a copy of Form I-538 to STSC in cases where
optional practical training is recommended, since the SEVIS update will
accomplish the necessary notification.
This rule also proposes to amend the period of time in which an F-1
may apply for optional practical training. Under the current rules, an
F-1 student must apply for post-completion optional practical training
no later than 60 days after completion of their full course of study,
with the training to be completed within 14 months following completion
of study. The requirement that the training be completed in a 14-month
period often is problematic for students who wait to apply for optional
practical training until close to the end of the 60-day period, since
they must then wait for receipt of the Form I-766, Employment
Authorization Document (EAD), before they can begin work. This process
often results in the student not being able to receive the full 12
months of training.
The current rules also provide, in some cases, that an F-1 student
may receive an extra 60 days of authorized stay in the United States.
For example, a student can wait to apply for optional practical
training until the 60th day after completion of studies, and, at the
end of the training period, the student is entitled to a second period
of 60 days to prepare to depart the United States. This rule proposes
to amend Sec. 214.2(f)(10)(ii) to require that F-1 students must apply
for optional practical training prior to completion of all course
requirements or completion of studies, thereby allowing only one 60-day
period for departure. The students have only a limited period of time
after the program end date in which to complete their training, and
cannot begin the training until they have received an EAD from the
Service Center. The student must apply before the program end date to
ensure that the student will have received his or her EAD in time to
commence optional practical training immediately after completion of
study. This requirement will ensure that the students can continue to
pursue the purpose for which they were admitted, without a gap, for the
entire amount of time for which they are eligible.
Similarly, this rule will require that an M-1 student must apply
for practical training prior to the completion date of his or her
program. However, the request cannot be made more than 90 days prior to
the program completion date shown on the Form I-20.
Finally, this rule provides that authorization to engage in
practical training is terminated when the student changes to another
educational level. The current regulations provide for automatic
termination of such authorization for an F-1 or M-1 student only when
the student transfers schools.
What Change Does This Rule Make With Respect to Internships With
International Organizations?
This rule proposes to amend Sec. 214.2(f)(9)(iii) to specify that
an F-1 student who has been offered employment by a recognized
international organization submit must apply for employment
authorization to the Service Center having jurisdiction over his or her
place of residence, rather than applying in person at a local Service
office. Also, to make this provision consistent with the other
practical training processes, the requirement for DSO endorsement of
the Form I-20 ID within the last 30 days is being removed.
This rule also deletes obsolete references in Sec. 214.2(f)(9)(ii)
for filing a wage-and-labor attestation with the Department of Labor
for off-campus employment, since the pilot program sunset on September
30, 1996. Under the current rules, F-1 students seeking off-campus
employment (other than an internship with an international organization
as discussed above) must satisfy the requirements for demonstrating
severe economic hardship caused by unforeseen circumstsances beyond the
student's control.
What Changes Does This Rule Make With Respect To Extension of Student
Status?
This proposed rule amends the existing regulations to state
explicitly the requirement that an F-1 or M-1 student must currently be
in lawful status at an approved school in order to apply for an
extension of status. A student who is no longer in current status--for
example, a student who has dropped out of the school during a current
term without authorization, or who remains in the United States after
completion of his or her educational program--would not be eligible for
an extension of status (although, in some limited circumstances, the
student may be eligible for reinstatemennt of status, as discussed
below).
Implementation of SEVIS. Under current procedures, to apply for an
extension, an F-1 student must obtain a new Form I-20 from the
authorized school and submit Form I-538 for certification by the DSO.
The DSO must then submit Form I-538 to STSC. If the extension is
accomplished by the student's reentry into the United States, the DSO
does not need to send Form I-538 to STSC as the inspector will submit
the Form I-20 to STSC when the student enters the country.
Under SEVIS, the DSO will update SEVIS any time the DSO grants an
extension for an F-1 nonimmigrant, and will then enter the new program
end date. The DSO will then print the new SEVIS Form I-20 for the F-1
nonimmigrant reflecting the new program end date. SEVIS will eliminate
the need for the DSO to submit Form I-538 to STSC.
Unlike extensions of status for F-1 students of status for M-1
students are adjudicated by the Service based on the recommendation of
the DSO. This rule also provides for the electronic updating of SEVIS
in the event of an M-1 program extension request and requires the DSO
to update SEVIS to recommend that a student be approved for extensions.
The SEVIS Form I-20 must be printed with the recommendation and new
program end date for submission by mail to the Service Center, with
Forms I-94 and I-539. Once the Service grants an extension the DSO will
print out a new Form I-20 for the student.
Other changes with respect to F-1 students. This rule also proposes
several changes to the rules for extension of status for F-1 students.
First, the rule would eliminate the existing limitation that the
student must file for an extension of status during the 30-day period
prior to the program end date. Instead, an F-1 student would be allowed
to apply for a program extension at any point prior to the program end
date listed on the Form I-20.
Second, this rule would eliminate the provision in
Sec. 214.2(f)(7)(ii) which allows a DSO to add up to a one-year grace
period in addition to the period of time the DSO estimates will be
needed for each F-1 student to complete his or her program of study.
Instead, the DSO will issue a Form I-20 to each F-1 student for the
period of time reasonably necessary to complete the particular program
of study. If additional time is needed, then the DSO will be able to
authorize an extension of status through the regular process, which
does not
[[Page 34869]]
require any adjudication by the Service. This regulatory change is
particularly appropriate with the use of SEVIS, which will reduce the
paperwork burdens on DSOs at the time they authorize extensions of
status.
Third, the rule will make clear that an F-1 student attending a
public high school cannot apply for an extension with his or her DSO
for continued attendance at his or her current school or to transfer to
another public high school. Section 214(m) of the Act prohibits an F-1
student from attending a public high school for more than 12 months in
the aggregate, and requires that the alien, prior to being issued the
F-1 visa, demonstrate that he or she has reimbursed the local school
district for the full, unsubsidized per capita cost of providing the
education for the period of the alien's attendance. Because of the
statutory limitation, an F-1 student at a public high school can only
be admitted for an aggregate of 12 months of study and is not admitted
for duration of status, as is the case for other F-1 students.
Fourth, the rule provides that such a public high school student is
eligible to apply to the Service for an extension of status if he or
she is accepted for attendance at a private high school or at a post-
secondary school. The student must use Form I-539 and apply to the
Service Center with jurisdiction over the school the student is
currently attending.
Other changes with respect to M-1 students. The rule proposes to
add the requirement that an M-1 student show a compelling academic or
medical reason which resulted in a delay to his or her course of study
in order to be eligible for extension of status. Additionally, the rule
will propose to amend the language of the current regulations to
indicate that an M-1 student requesting an extension should file a Form
I-539 at the Service Center with jurisdiction over the school the
student is currently attending.
Finally, the Service proposes to place a limit on the extensions
that may be granted to an M-1 student. There is currently no limit on
the number of extensions for which an M-1 is eligible, nor a limit on
the cumulative amount of time that can be granted under extensions.
This rule proposes to limit the cumulative time that extensions can
be granted to an M-1 student to a period of 3 years from the Social
Security student's original start date, plus 30 days. Thus, no
extension could be granted to an M-1 student if he or she is unable to
complete the course of study within 3 years of the original program
start date, plus 30 days. This limit includes extensions that have been
granted due to a drop below full course of study, a transfer of
schools, or reinstatement.
What Are the Changes to Eligibility for Reinstatement of Student
Status?
Under the current rules, Sec. 214.2(f)(15) and (m)(16), upon
demonstrating eligibility for attendance at an approved school, and F-1
or M-1 student who is out of status may apply to the Service for
reinstatement, with no specified limit on the length of time the
student has remained in the United States out of status. A student can
lose current student status in several ways, for example, by remaining
in the United States beyond the authorized period after completion of
his or her course of study, engaging in employment without
authorization, or dropping out of school.
It is important that nonimmigrant students in the United States
remain cognizant of their obligations to maintain their status. Past
rules, designed to maintain flexibility for the academic community and
to make allowance for the youth of some of the individuals in question,
appear to have resulted in an atmosphere that could have led some to
believe that they could violate their status with impunity. In fact,
such violations can and do have serious consequences.
Accordingly, this rule proposes to amend the regulations to provide
that an F-1 or M-1 student will not be eligible to apply for
reinstatement unless he or she applies for reinstatement within five
months of being out of status.
Moreover, the rule also proposes to limit the circumstances under
which reinstatement is available. Unless the violation of status
relates to a reduction in the student's course load that would have
been within a DSO's power to authorize, and the student can demonstrate
that failure to receive reinstatement would result in extreme hardship,
the student must establish that the need for reinstatement resulted
from circumstances beyond the student's control. Such circumstances may
include circumstances such as serious injury or illness, closure of the
institution, or a natural disaster. Circumstances beyond the student's
control would NOT include cases where inadvertence, oversight, neglect,
or a willful failure on the part of the student or the DSO resulted in
the need for reinstatement.
The Service has drawn the general timeframe from Sec. 214.2(f)(4),
which allows an F-1 student who has been temporarily absent from the
United States for no more than five months to be readmitted in F-1
status to continue his or her course of study. Of course, the situation
of an alien who has violated his or her student status and remains in
the United States is not the same as a student in lawful F-1 status who
is temporarily absent from the United States. On the other hand, the
Service recognizes that there may be reasons why a student may violate
nonimmigrant student status without necessarily abandoning his or her
educational plans.
Reinstatement of student status is distinct from processes for a
current student to transfer from one school to another, or for an F-1
student to temporarily maintain a reduced course load, while remaining
in status. Since transfers or reduced course loads will only be
available for students who obtain approval from their school's DSO, the
reinstatement rule will cover those students who have recently lost
their student status but desire to continue their education (either at
their prior school or another school) in the immediate future.
An F-1 or M-1 student who is ineligible for reinstatement cannot
remain in the United States unless he or she has some other lawful
immigration status. Such an alien would be free, if eligible to do so,
to apply for a new nonimmigrant student visa at a consular office
abroad to resume his or her studies in the United States. The Service
wishes to emphasize the importance of complying with academic
requirements and wishes to emphasize that reasons for reinstatement
will be closely scrutinized. Reinstatement is intended to be a rare
benefit for exceptional cases and is not intended to remedy situations
within the student's control.
In the case of a student seeking reinstatement at a SEVIS school,
the school that the student most recently attended will update the
student's record in SEVIS and print out a new SEVIS Form I-20 which
indicates that the student is requesting to be reinstated. The student
should then submit the new SEVIS Form I-20 and Form I-539, by mail, to
the district director. Once the request has been adjudicated, the
student will receive his or her SEVIS Form I-20 with the decision of
the district director. The district office will also update SEVIS to
indicate the decision on the request for reinstatement. SEVIS will
provide notification to the school of the reinstatement decision.
This rule also makes technical corrections in the regulations
governing F-1 and M-1 reinstatement to reflect the redesignation of
section 241 of the Act as section 237 of the Act.
[[Page 34870]]
What Other Provisions of IIRIRA Have Been Incorporated Into This Rule?
Section 214(m) of the Act, as amended by sections 625 and 107(e)(2)
of IIRIRA, Public Law 106-386, Div. C (Sept. 30, 1996), states that a
nonimmigrant may not be accorded status as an F-1 student to pursue a
course of study at a public elementary school or a publicly funded
adult education program.
Accordingly, 8 CFR 214.3 is proposed to be amended to clarify that
in no case will a public elementary school, a publicly funded adult
education program, or a home school be approved for attendance by a
nonimmigrant student. The proposed rule would also amend 8 CFR
214.2(f)(6) to make clear that an alien may not be admitted as an F-1
student to enroll in a course of study at a school or program that is
not approved by the Service as provided in Sec. 214.3.
Section 214(m) of the Act does not define ``a publicly funded adult
education program.'' The proposed rule adopts a definition based on
section 203(f) of the Adult Education and Family Literacy Act, Public
Law 105-220, 20 U.S.C. 9202(l) Section 203(l) of Public Law 105-200
defines an adult education program as:
``services or instruction below the postsecondary level for
individuals--
``(A) who have attained 16 years of age;
``(B) who are not enrolled or required to be enrolled in secondary
school under State law; and
``(C) who--
``(i) lack sufficient mastery of basic educational skills to enable
the individuals to function effectively in society;
``(ii) do not have a secondary school diploma or its recognized
equivalent, and have not achieved an equivalent level of education; or
``(iii) are unable to speak, read, or write the English language.''
Under the proposed rule, an F-1 nonimmigrant may not enroll in such
a program if the program is funded in whole or in part by a grant under
the Adult Education and Family Literacy Act, or by any other Federal,
State, county or municipal funding.
Why Will the Service Remove the $70 Fee Associated With the Form I-538?
This rule proposes to remove the fee for the Form I-538,
Certification by Designated School Official, from 8 CFR 103.7(b)(1).
the Form I-538 is currently used by DSOs to notify the Service of
updates to the student's record in the case of approved curricular
practical training or extensions for F-1 students. The Form I-538 is
also used in conjunction with applications for Form I-765, Employment
Authorization Document (EAD). As the form is used simply for the
purpose of certification by the DSO as to the current record of the
student, a fee should not be required to accompany the form. Form I-538
will continue to be used until all schools enrolling foreign students
are enrolled in SEVIS.
III. Issues Relating to All F-1, J-1 and M-1 Nonimmigrants
What Are the Requirements for Reporting Changes of Address by F-1 and
M-1 Students and J-1 Exchange Aliens?
IIRIRA mandates collection of the current name and address of the
students in the United States. Moreover, section 265(a) of the Act
requires that all aliens who are subject to registration requirements
(including all students and exchange aliens and their dependents who
remain in the United States for 30 days or more) are required to
provide a current name and address to the Attorney General within 10
days. The obligation to notify the Service of each change of address
applies to all F, M or J nonimmigrants (indeed, all nonimmigrants other
than those in A or G status) who remain in the United States for more
than 30 days, regardless of whether their continue stay is pursuant to
their initial admission or as a result of change or extension of
status.
Although the change of address requirements are already set forth
in 8 CFR 265.1, the Service is amending the rules relating to F, J, and
M nonimmigrants regarding the relationship with SEVIS. This rule
requires that each student must inform the Service and the DSO of any
legal changes to his or her name or of any change of address, within 10
days of the change. The address provided by the student or dependent
must be the actual physical location where the student or dependent
resides. In no case may the address of the DSO at the school be used as
the address of the student. Similar rules are provided for exchange
alien to provide notice to the Service and the responsible officer at
the exchange visitor program.
A student enrolled at a SEVIS school will satisfy the requirement
of section 265(a) of the Act by providing a notice of a change of
address within 10 days to the DSO. As with other changes the DSO is
required to report under Sec. 214.3(g)(3), the DSO must then update
SEVIS to reflect the change in the student's or dependent's address
within 21 days of notification by the student. For schools enrolled in
SEVIS, the students will not need to provide a separate notice of
change of address to the Service. Similarly, a J-1 exchange alien can
satisfy the legal requirements by providing a change of address within
10 days to the responsible officer at an exchange visitor program that
is enrolled in SEVIS.
An F, M, or J nonimmigrant enrolled at a non-SEVIS institution must
submit Form AR-11, Alien's Change of Address Card, to the Service
within 10 days of the change. Moreover, any nonimmigrant student or
exchange alien, or a dependent, who fails to report a change of address
within 10 days to the DSO or to the responsible officer, in the case of
a J-1 nonimmigrant, is obligated to file Form AR-11 with the Service
within 10 days.
What Are the Limits on Advance Admission of F, J or M Nonimmigrants
Prior to the Beginning of Their Attendance at an Approved School or
Exchange Visitor Program?
The present Service regulations, Sec. 214.2(f)(3) and (m)(3),
suggest that an F-1 or M-1 student with a valid Form I-20, and his or
her F-2 or M-2 dependents, may be admitted to the United States up to
60 days prior to the beginning of the course of study, as noted on the
Form I-20. The rules governing J nonimmigrants do not specify a maximum
period of advance admission.
The Service believes that a long period of admission, prior to the
beginning of the approved course of studies or program for an F, J, or
M nonimmigrant, and his or her dependents, is not consistent with the
national interest, is not necessary to meet the needs of such aliens in
coming to the United States, and is subject to abuse. However, some
advance period is necessary so that the student or exchange alien has
time to find a place to live and prepare for the studies or program
ahead. Accordingly, this rule proposes to limit the period of advance
admission to an ``advance grace period'' of 30 days.
When Are ``Grace Periods'' Available to F-1, M-1, and J-1 Nonimmigrants
at the Conclusion of Their Course of Studies?
This rule will clarify that an F-1 student's duration of status
only includes an additional 60 days to depart the country when the F-1
student has completed his or her course of study or after completion of
authorized practical training after completion of studies. The 60-day
``grace period'' does not apply to an F-1 student who does not complete
[[Page 34871]]
his or her program, who fails to maintain a full course of study, or
who falls out of status for any other reason.
Similarly, the authorization for an M-1 or a J-1 to remain in the
United States only includes an additional 30 days to depart the country
when the M-1 or J-1 student has successfully completed his or her
course of study or authorized practical training following completion
of studies. The 30-day ``grace period'' does not apply to an M-1
student or J-1 exchange alien who does not complete his or her program,
who fails to maintain a full course of study, or who falls out of
status for any other reason.
Note that allowing a 60-day grace period for F-1 students, but only
30 days for M-1 students, is consistent with the current regulations at
8 CFR 214.2(f)(5)(i) and 214.2(m)(5). Allowing a longer grace period
for F-1 students recognizes the fact that, in most cases, F-1 students
remain in the United States longer than most M-1 students. A longer
sojourn makes it reasonable to assume that F-1 students, generally,
would need a longer period at the conclusion of their program to wind
up their affairs and leave the United States in an orderly manner.
What Continuing Obligations do all F, M, and J Nonimmigrants Have
During the Time They Remain in the United States?
The Service notes that an existing law, section 222(g) of the Act,
provides for the automatic voidance of a nonimmigrant visa at the
conclusion of an authorized period of stay if the alien remains in the
United States longer than the period of authorized admission. All F, J
and M nonimmigrants should be aware of this provision of the law and
are responsible for remaining in lawful nonimmigrant status while
within the United States.
Any nonimmigrant admitted to the United States bears the burden of
maintaining legal status during the period of admission that has been
granted by the inspecting Service officer. The Service cannot emphasize
enough the importance of maintaining lawful status while in the United
States. See section 212(a)(9)(B) of the Act for more information on the
important and far-reaching implications of unlawful presence and the
impact that unlawful presence may have on an alien's future ability to
reapply for a nonimmigrant visa, for admission to the United States, or
for adjustment of status to that of a lawful permanent resident.
IV. Issues Relating to F-2, J-2 and M-2 Dependents
How Will Information Regarding Dependents Be Included in SEVIS?
Under SEVIS, the DSO will enter all required dependent information
in a record that is linked to the principal alien's. A dependent record
can be created at the same time that the principal record is initially
created, or as an update to an active principal's record.
Each dependent of an F-1 or M-1 nonimmigrant will receive his or
her own SEVIS Form I-20, with a unique identification number, that
specifies that they are a dependent. The information on the SEVIS Form
I-20 relating to the dependent will be: the first and last name of the
dependent, date and country of birth, and relationship to the student.
The dependent SEVIS Form I-20 will also contain all of the information
contained on the principal's SEVIS Form I-20 with the exception of the
principal's unique SEVIS identification number. Additional information
that will also be collected in SEVIS as part of the dependent record
includes: the dependent's country of citizenship, gender and physical
address, since this information can differ from the principal's. All
active dependent records can be updated by the DSO to reflect changes
in address or other dependent information.
Are There new Restrictions on the F-2 Spouse or Child?
Currently, there is no restriction on the classes or course of
study that can be undertaken by the F-2 spouse and child. As such, an
F-2 alien can take a full course of study at any school without the
school having to meet any of the reporting requirements that are
required for an F-1 nonimmigrant.
This rule proposes to prohibit full-time study by F-2 and M-2
spouses and to restrict such study by F-2 and M-2 children. The
restriction is necessary to prevent an alien who should be properly
classified as an F-1 student, and so subject to IIRIRA section 641 and
other F-1 laws and regulations, from coming to the United States as an
F-2 and, yet, attending school full time.
Under the proposed rule, an F-2 or M-2 spouse or child can enroll
in avocational or recreational courses. If an F-2 or M-2 spouse,
however, wants to enroll in a full course of study, the proposed rule
would require the spouse to apply for and obtain a change of his or her
nonimmigrant classification to that of an F-1, J-1, or M-1. Which
classification is appropriate will depend upon the program the alien
seeks to enroll in.
A similar rule would apply to F-2 or M-2 children. As noted,
however, section 214(m) of the Act prohibits the enrollment of F-1
students in public elementary schools, and sets strict requirements on
the enrollment of an F-1 student in a public high school.
The Service notes that section 101(a)(15)(f)(ii) of the Act permits
an F-1 student to bring his or her children to the United States, and
education is one of the chief tasks of childhood. It would be
unreasonable to assume that Congress would intend that a bona fide F-1
student could bring his or her children to the United States, but not
be able to provide for their education. Section 214(m) of the Act,
moreover, only applies to F-1 status, and does not preclude an F-2
nonimmigrant's enrollment.
The proposed rule will, for this reason, allow the F-2 and M-2
child to be enrolled full-time in an elementary or secondary school
(kindergarten through twelfth grade). An F-2 or M-2 child who wants to
enroll in a full course of study, other than an elementary or secondary
school, must change status to that of an F-1, J-1, or M-1 nonimmigrant,
as appropriate based upon the child's educational program.
Regulatory Flexibility Act
The Commissioner, in accordance with the Regulatory Flexibility Act
(5 U.S.C. 605(b)), has reviewed this regulation and, by approving it,
certifies that this rule will not have a significant economic impact on
a substantial number of small entities. Although some schools may be
considered small entities, the use of SEVIS as a means for record
keeping and reporting will streamline the processes currently in
existence.
SEVIS uses technology already in place at most schools, and has
been designed for use over the INTERNET. Institutions need only have
access to a web-browser to gain access to the INTERNET and will not
require any software to download. The Service will not charge a
subscriber or user fee in order to use SEVIS. However, while there is
no charge for access to SEVIS, there might be undetermined, individual,
organizational costs to upgrade vendor software or campus information
technology systems to use the batch-method interface with SEVIS.
The Service has taken this cost into account and has developed
SEVIS to utilize common standards. As discussed above in the
supplementary information, schools using SEVIS will no longer have to
print out, file, and
[[Page 34872]]
mail as many paper forms. Indeed, there should be little to no
additional cost for schools that do not choose to use the optional
batch processing capability. In fact, these schools may experience some
savings as a result of the efficiencies that SEVIS will provide.
Moreover, while the initial monetary impact on schools that choose to
use batch capability may be greater, those schools might experience
long-term savings because the automated process of maintaining student
records for purpose of SEVIS likely would reduce future personnel
costs. These decisions as to cost/benefit tradeoffs will be up to the
discretion of each school. Accordingly, this rule will not have a
significant impact on a number of small entities as that term is
defined in 5 U.S.C. 601(6).
The Service, however, welcomes comments related to the monetary
impact of this electronic reporting process. In particular, schools are
requested to comment on the costs they will incur to bring their
existing equipment and systems into compliance with SEVIS and any
resulting changes in personnel.
Unfunded Mandates Reform Act of 1995
This rule will not result in the expenditure by State, local, and
tribal governments, in the aggregate, or by the private sector, or $100
million or more in any one year, and it will not significantly or
uniquely effect small governments. Therefore, no actions were deemed
necessary under the provisions of the Unfunded Mandates Reform Act of
1995.
Small Business Regulatory Enforcement Fairness Act of 1996
This rule is not a major rule as defined by section 804 of the
Small Business Regulatory Enforcement Act of 1996. This rule will not
result in an annual effect on the economy of $100 million or more; a
major increase in costs of prices; or significant adverse effects on
competition, employment, investment, productivity, innovation, or on
the ability of United States-based companies to compete with foreign-
based companies in domestic and export markets.
Executive Order 12866
This rule is considered by the Department of Justice, Immigration
and Naturalization Service, to be a ``significant regulatory action''
under Executive Order 12866, section 3(f), Regulatory Planning and
Review. Accordingly, this regulation has been submitted to the Office
of Management and Budget (OMB) for review.
Executive Order 13132
This 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. Therefore, in accordance with section 6 of
Executive Order 13132, it is determined that this rule does not have
sufficient federalism implications to warrant the preparation of a
federalism summary impact statement.
Executive Order 12988 Civil Justice Reform
This rule meets the applicable standards set forth in sections 3(a)
and 3(b)(2) of Executive Order 12988.
Paperwork Reduction Act
The information required by this rule is considered an information
collection and subject to review and clearance under the Paperwork
Reduction Act procedures. The Service is adding new electronic
reporting requirements using SEVIS which is a new collection.
Accordingly, the information collection requirements contained in this
rule will be submitted to the Office of Management and Budget under the
Paperwork Reduction Act for review and approval.
List of Subjects
8 CFR Part 103
Administrative practice and procedure, Authority delegations
(Government agencies), Freedom of Information, Privacy, Reporting and
recordkeeping requirements.
8 CFR Part 214
Administrative practice and procedure, Aliens, Employment,
Reporting and recordkeeping requirements, Students.
PART 103--POWERS AND DUTIES OF SERVICE OFFICERS: AVAILABILITY OF
SERVICE RECORDS
1. The authority citation for part 103 continues to read as
follows:
Authority: 5 U.S.C. 552, 552(a); 8 U.S.C. 1101, 1103, 1304,
1356; 31 U.S.C. 9701; E.O. 12356, 47 FR 14874, 15557; 3 CFR, 1982
Comp., p. 166; 8 CFR part 2.
Sec. 103.7 [Amended]
2. Section 103.7(b)(1) is amended by removing the entry for ``Form
I-538'' from the listing of fees.
PART 214--NONIMMIGRANT CLASSES
3. The authority citation for part 214 continues to read as
follows:
Authority: 8 U.S.C. 1101, 1102, 1103, 1182, 1184, 1187, 1282;
sec. 643, Pub. L. 104-208, 110 Stat. 3009-708; sect. 141 of the
Compacts of Free Association with the Federated States of Micronesia
and the Republic of the Marshall Islands, and with the Government of
Palau, 48 U.S.C. 1901, note, and 1931 note, respectively; 8 CFR part
2.
4. Section 214.2 is amended by:
a. Removing ``and'' at the end of paragraph (f)(1)(i)(B), and by
removing the period at the end of paragraph (f)(1)(i)(C) and adding in
its place ``; and'', and by adding a new paragraph (f)(1)(i)(D);
b. Adding new paragraphs (f)(1)(iii) and (iv);
c. Revising the term ``sixty days,'' in paragraph (f)(3) to read
``30 days,'';
d. Revising paragraph (f)(5)(i);
e. Removing and reserving paragraph (f)(5)(iv).
f. Revising paragraph (f)(6)(i) introductory text and paragraph
(f)(6)(i)(E);
g. Adding new paragraphs (f)(6)(i)(G) and (H);
h. Revising paragraph (f)(6)(iii), and by adding a new paragraph
(f)(6)(iv);
i. Revising paragraphs (f)(7) and (f)(8)(ii);
j. Removing and reserving paragraphs (f)(9)(ii)(B) and (E), and;
k. Revising paragraphs (f)(9)(ii)(D)(4), (f)(9(ii)(F)(1), and
(f)(9)(iii);
l. Revising paragraph (f)(10) introductory text;
m. Revising the last two sentences of paragraph (f)(10)(i)
introductory text, and by revising paragraphs (f)(10)(i)(A) and (B);
n. Revising paragraph (f)(10)(ii)(A) introductory text, and
paragraph (f)(10)(ii)(A)(1) and (2);
o. Removing paragraph (f)(10)(ii)(A)(3) and (4);
p. Revising the heading for paragraph (f)(10)(ii)(B);
q. Revising the heading for paragraph (f)(10)(ii)(D)
r. Adding a new paragraph (f)(10)(ii)(E);
s. Revising paragraph (f)(11)(ii);
t. Revising paragraphs (f)(15) and (f)(16); and by
u. Adding a new paragraph (f)(17).
The additions and revisions read as follows:
Sec. 214.2 Special requirements for admission, extension, and
maintenance of status.
* * * * *
(f) * * *
(1) * * *
(i) * * *
(D) In the case of a student who intends to study at a public
secondary school, the student has demonstrated
[[Page 34873]]
that he or she has reimbursed the local educational agency that
administers the school for the full, unsubsidized per capita cost of
providing education at the school for the period of the student's
attendance.
* * * * *
(iii) Uses of SEVIS. On January 30, 2003, the use of the Student
and Exchange Visitor Information System (SEVIS) will become mandatory.
As of that date, the student must present a Form I-20 issued through
SEVIS in order to be admitted under this paragraph (f).
(iv) Disposition of SEVIS Form I-20. SEVIS will generate a Form I-
20. When an F-1 student applies for admission with a complete SEVIS
Form I-20, the inspecting officer shall transcribe the alien's
admission number from Form I-94 onto his or her SEVIS Form I-20 (for
students seeking initial admission only); endorse the SEVIS Form I-20;
and return the SEVIS Form I-20 to the alien.
* * * * *
(5) * * *
(i) General. Duration of status is defined as the time during which
an F-1 student is pursuing a full course of study at an educational
school approved by the Service for attendance by foreign students, or
engaging in authorized practical training following completion of
studies, except that an F-1 student who is admitted to attend a public
high school is restricted to an aggregate of twelve months of study at
any public high school(s). An F-1 student may be admitted for a period
up to 30 days before the start of the course of study. An F-1 student
who has completed a course of study will be allowed an additional 60-
day period to prepare for departure from the United States, but an F-1
student who fails to maintain a full course of study or otherwise fails
to maintain status is not eligible for this additional 60 days. The
student is considered to be maintaining status if he or she is making
normal progress toward completing a course of studies. Duration of
status also includes the period designated by the Commissioner as
provided in paragraph (f)(5)(vi) of this section.
* * * * *
(iv) [Reserved]
* * * * *
(6) * * *
(i) General. Successful completion of the full course of study must
lead to the attainment of a specific educational or professional
objective. A course of study at an institution not approved for
attendance by foreign students as provided in Sec. 214.3(a)(3) does not
satisfy this requirement. A ``full course of study'' means:
* * * * *
(E) Study in a curriculum at an approved elementary school or
academic high school which is certified by a designated school official
to consist of class attendance for not less than the minimum number of
hours a week prescribed by the school for normal progress toward
graduation.
* * * * *
(G) For F-1 students enrolled in classes for credit or classroom
hours, no more than the equivalent of one class or three credits per
session, term, semester, trimester, or quarter may be counted if taken
on-line or through distance education in a course that does not require
the student's physical attendance for classes, examination or other
purposes integral to completion of the class. An on-line or distance
education course is a course that is offered principally through the
use of television audio, or computer transmission including open
broadcast, closed circuit, cable, microwave, or satellite, audio
conferencing or computer conferencing. If the F-1 student's course of
study is in a language study program, or elementary or secondary
school, no on-line or distance education classes may be considered to
count toward classroom hours or credit.
(H) On-campus employment pursuant to the terms of a scholarship,
fellowship, or assistantship is deemed to be part of the academic
program of a student otherwise taking a full course of study.
* * * * *
(iii) Reduced course load. The designated school official may allow
an F-1 student to engage in less than a full course of study as
provided in this paragraph (f)(6)(iii). A reduced course load must
still consist of some course of study, unless the reduction is for
reasons of illness or medical condition. A student who drops below a
full course of study without the prior approval of the DSO will be
considered out of status.
(A) Academic difficulties. The DSO may authorize a reduced course
load on account of a student's initial difficulty with the English
language or reading requirements, unfamiliarity with American teaching
methods, or improper course level placement. The student must resume a
full course of study at the next available term, session, or semester,
excluding a summer session, in order to maintain student status
(B) Medical conditions. The DSO may authorize a reduced course load
due to a student's illness or medical condition. If the student has
provided medical documentation from a licensed doctor to the DSO to
substantiate the authorization. The DSO is required to reauthorize the
drop below full time for each new term, session, or semester. However,
in no case may the authorization exceed one year. The student must
resume a full course of study within one year from the date of the
original authorization in order to maintain student status.
(C) Completion of course of study. The DOS may authorize a reduced
course load in the student's final term, semester, or session needed to
complete the course of study, if the student is not required to take
additional courses to satisfy the requirements for competition.
(D) Reporting requirements for non-SEVIS schools. A DSO must report
to the Service any student who is authorized to reduce his or her
course load. Within 21 days of the authorization, the DSO must send a
photocopy of the student's current Form I-20ID along with Form I-538 to
STSC indicating the date and reason that the student was authorized to
drop below full time status. Similarly, the DSO will report to the
Service no more than 21 days after the student has resumed a full
course of study by submitting a current copy of the students' Form I-
20ID to STSC indicating the date full course of study was resumed and
the new program end date was form I-538, if applicable.
(E) SEVIS reporting requirements. In order for a student to be
authorized to drop below a full course of study, the DSO must update
SEVIS prior to the student reducing his or her course load. The DSO
must update SEVIS with the date, reason for authorization, and the
start date of the next term or session. The DSO must also notify SEVIS
within 21 days of the student's commencement of a full course of study.
If an extension of the program end date is required due to the drop
below a full course of study, the DSO must update SEVIS by completing a
new SEVIS Form I-20 with the new program end date in accordance with
paragraph (f)(7) of this section.
(iv) Concurrent enrollment. An F-1 student may be enrolled in two
different Service approved schools at one time as long as the
enrollment to both schools amounts to a full time course of study. In
cases where a student is concurrently enrolled, the school from which
the student will earn his or her degree or certification should issue
the Form I-20, and conduct subsequent certifications and updates to the
Form I-20. This DSO is also responsible for all of the reporting
requirements to the Service.
(7) Extension of stay.--
(i) General. An F-1 student who is admitted for duration of status
is not required to apply for extension of stay
[[Page 34874]]
as long as the student is maintaining status and making normal progress
toward completing his or her educational objective. An F-1 student who
is currently maintaining status but is unable to complete a full course
of study in a timely manner must apply prior to the program end date on
the Form I-20 to the DSO for a program extension pursuant to paragraph
(f)(7)(iii) of this section.
(ii) Completion date of Form I-20. When determining the program
completion date on Form I-20, the DSO should make a reasonable estimate
based upon the time an average student would need to complete a similar
program in the same discipline.
(iii) Program extension for students in lawful status. An F-1
student who is unable to meet the program completion date on the Form
I-20 may be granted an extension by the DSO if the DSO certifies that
the student has continually maintained status and that the delays are
caused by compelling academic or medical reasons, such as changes of
major or research topics, unexpected research problems, or medically
documented illnesses. Delays caused by academic probation or suspension
are not acceptable reasons for program extensions. A DSO may not grant
an extension if the student did not apply for an extension until after
the program end date noted on the Form I-20. An F-1 student who is
unable to complete the educational program within the time listed on
Form I-20 and who is ineligible for program extension pursuant to this
paragraph (f)(7) is considered out of status. If eligible, the student
may apply for reinstatement under the provisions of paragraph (f)(16)
of this section.
(iv) Notification. Upon granting a program extension, a DSO at a
non-SEVIS school must immediately submit notification to STSC using
Form I-538 and the top page of Form I-20A-B showing the new program
completion date. For a school enrolled in SEVIS, a DSO may grant a
program extension only by updating SEVIS and issuing a new Form I-20
reflecting the current program end date. A DSO may grant an extension
any time prior to the program end date listed on the student's original
Form I-20.
(8) ***
(ii) Transfer procedure.
(A) Non--SEVIS School to Non--SEVIS school. To transfer schools, a
F-1 student must first notify the school he or she is attending of the
intent to transfer, then obtain a Form I-20 issued in accordance with
the provisions of 8 CFR 214.3(k) from the school to which he or she
intends to transfer. Prior to issuance of any Form I-20, the DSO at the
school the student is transferring to is responsible for determining
that the student has been maintaining status at his or her previous
school and is eligible for transfer to the new school. The transfer
will be effected only if the F-1 student completes the Student
Certification portion of the I-20 and returns the Form to a designated
school official on campus within 15 days of the program start date
listed on Form I-20, Upon receipt of the student's Form I-20 the DSO
must note ``transfer completed on (date)'' in the space provided for in
DSO's remarks, thereby acknowledging the student's attendance; return
the Form I-20 to the student; submit the School copy of the Form I-20
to STSC within 21 days of receipt from the student; and forward a
photocopy of the School copy to the school from which the student
transferred.
(B) Non-SEVIS school to SEVIS school. To transfer schools, an F-1
student must first notify the school he or she is attending of the
intent to transfer, then obtain a SEVIS Form I-20 issued in accordance
with the provision of 8 CFR 214.3(k) from the school to which he or she
intends to transfer. Prior to issuance of any Form I-20, the DSO at the
school to which the student is transferring is responsible for
determining that the student has been maintaining status at his or her
previous school and is eligible for transfer to the new school. Once
the transfer school has issued the SEVIS Form I-20 to the student
indicating a transfer, the transfer school becomes responsible for
updating and maintaining the student's record in SEVIS. The student is
then required to notify the DSO at the new school within 15 days of the
program start date listed on SEVIS Form I-20. Upon notification that
the student is enrolled in classes, the DSO of the transfer school must
print and return an updated SEVIS Form I-20 to the student
acknowledging the student's attendance and indicating the current
address and that the student has completed the transfer process. The
transfer is effected when the transfer school notifies SEVIS that the
student has enrolled in classes in accordance within the 30 days
required by 214.3(g)(3)(iii).
(C) SEVIS school to SEVIS school. The student must notify his or
her current school of the intent to transfer and must indicate the
school to which he or she intends to transfer. Upon notification by the
student, the current school will update the student's record in SEVIS
as ``a transfer out'' and indicate the school to which the student
intends to transfer, and a release date. The release date will be the
current semester or session completion date, or the date of expected
transfer if earlier than the established academic cycle. The current
school will retain control over the student's record in SEVIS until the
student completes the current term or reaches the release date. At
transfer date specified by the current DSO, the new school will be
granted full access to the student's SEVIS record and becomes
responsible for that student. The current school conveys authority and
responsibility over that student to the new school, and will no longer
have full SEVIS access to that student's record. At the point of
conveyance at the end of the current semester or the expected transfer
date, the new school may issue a SEVIS Form I-20. The student is then
required to notify the DSO at the new school within 15 days of the
program start date listed on the SEVIS Form I-20. Upon notification
that the student is enrolled in classes, the DSO of the transfer school
must print and return an updated SEVIS Form I-20 to the student
acknowledging the student's attendance and indicating the current
address and that the student has completed the transfer process. The
transfer is effected when the transfer school notifies SEVIS that the
student has enrolled in classes in accordance within the 30 days
required by Sec. 214.3(g)(3)(iii).
(D) SEVIS school to non-SEVIS school. The student must notify his
or her current school of the intent to transfer and must indicate the
school to which he or she intends to transfer. Upon notification by the
student, the current school will update the student in SEVIS as ``a
transfer out'', enter a ``release'' or expected transfer date, and
update the transfer school as ``non-SEVIS''. The student must then
notify the school to which the student intends to transfer of the
student's intent to enroll. After the student has completed his or her
current term or session, or has reached the expected transfer date, the
DSO at the SEVIS school will no longer have full access to the
student's SEVIS record. At this point, if the student has notified the
transfer school of his or her intent to transfer, and the transfer
school has determined that the student has been maintaining status at
his or her previous school, the transfer school may issue the student a
Form I-20, and has notified the transfer school of his or her intent to
transfer, the transfer school may issue the student a Form I-20 after
determining that the student has been maintaining status at his or her
previous school. The transfer will be effected only if the F-1 student
completes the Student Certification portion of the I-20 and returns the
Form to a designated
[[Page 34875]]
school official on campus within 15 days of the program start date
listed on Form I-20. Upon receipt of the student's Form I-20 the DSO
must note ``transfer completed on (date)'' in the space provided for in
DSO's remarks, thereby acknowledging the student's attendance; return
the Form I-20 to the student; submit the School copy of the Form I-20
to STSC within 21 days of receipt from the student; and forward a
photocopy of the School copy to the school from which the student
transferred.
* * * * *
(9) * * *
(ii) * * *
(B) [Reserved]
* * * * *
(D) * * *
(4) The student has demonstrated that the employment is necessary
to avoid severe economic hardship due to unforeseen circumstances
beyond the student's control pursuant to paragraph (f)(9)(ii)(C) of
this section and has demonstrated that employment under paragraph
(f)(9)(i) of this section is unavailable or otherwise insufficient to
meet the needs that have arisen as a result of the unforeseen
circumstances.
* * * * *
(E) [Reserved]
(F) * * *
(1) The applicant should submit the application for employment
authorization on Form I-765, with the fee required by 8 CFR
103.7(b)(1), to the Service Center having jurisdiction over his or her
place of residence. along with Form I-20, Form I-538, and any other
supporting materials such as affidavits which further detail the
unforeseen circumstances that require the student to seek employment
authorization and the unavailability or insufficiency of employment
under paragraph (f)(9)(i) of this section.
* * * * *
(iii) Internship with an international organization. A bona fide F-
1 student who has been offered employment by a recognized international
organization within the meaning of the International Organization
Immunities Act (59 Stat. 669) must apply for employment authorization
to the Service Center having jurisdiction over his or her place of
residence. A student seeking employment authorization under this
provision is required to present a written certification from the
international organization that the proposed employment is within the
scope of the organization's sponsorship, Form I-20 certifying
eligibility for employment, and a completed Form I-765, with required
fee as contained in Sec. 103.7(b)(1) of this title.
(10) Practical training. Practical training may be authorized to an
F-1 student who, at the time of filing his or her application, has been
lawfully enrolled on a full time basis, in a Service-approved college,
university, conservatory, or seminary for at least 9 consecutive
months. This provision includes students who, during their course of
study, were enrolled in a study abroad program. A student may be
authorized 12 months of practical training, and becomes eligible for
another 12 months of practical training when he or she changes to a
higher educational level. Students in English language training
programs are ineligible for practical training. An eligible F-1 student
may request employment authorization for practical training in a
position which is directly related to his or her major area of study.
There are two types of practical training available:
(i) * * * A request for authorization for curricular practical
training must be made to the DSO. A student may begin curricular
practical training only after receiving his or her I-20 ID with the DSO
endorsement.
(A) Paper process. A student must request authorization for
curricular practical training using Form I-538. Upon approving the
request for authorization, the DSO shall: Certify Form I-538 and send
the form to the Service's data processing center; endorse the student's
I-20 ID with ``full-time (or part-time) curricular practical training
authorized for (employer) at (location) from (date) to (date)''; and
sign and date the I-20 ID before returning it to the student.
(B) SEVIS process. To grant authorization for a student to engage
in curricular practical training a DSO at a SEVIS school will update
the student's record in SEVIS as being authorized for curricular
practical training that is directly related to the student's major area
of study. The DSO will indicate whether the training is full-time or
part-time, the employer and location, and the employment start and end
date. The DSO will then print a copy of the student's SEVIS Form I-20
indicating that curricular practical training has been approved and the
DSO must sign, date and return the SEVIS Form I-20 to the student prior
to the student's commencement of employment.
(ii) * * *
(A) General. An F-1 student may apply to the Service for
authorization for temporary employment for practical training directly
related to the student's major area of study. Optional practical
training must be requested prior to completion of all course
requirements for the degree (excluding thesis or equivalent) or prior
to completion of the course of study. Temporary employment for optional
practical training may be authorized:
(1) During the student's annual vacation and at other times when
school is not in session, if the student is currently enrolled, and is
eligible for registration and intends to register for the next term or
session; or
(2) While school is in session, provided that practical training
does not exceed 20 hours a week while school is in session.
(3) [Reserved]
(4) [Reserved]
(B) Termination of practical training. Authorization to engage in
optional practical training employment is automatically terminated when
the student transfers to another school or begins study at another
educational level.
* * * * *
(D) Action of the DSO-Non SEVIS schools. * * *
* * * * *
(E) SEVIS process. In making a recommendation for optional
practical training under SEVIS, the DSO will update the student's
record in SEVIS as having been recommended for optional practical
training. The DSO will indicate in SEVIS whether the employment is to
be full-time or part-time, and note in SEVIS the start and end date of
employment. The DSO will then print the employment page of the
student's SEVIS Form I-20, and sign and date the form to indicate that
optional practical training has been recommended. The F-1 student must
apply to the INS Service Center for an Employment Authorization
Document, on Form I-765, with the SEVIS Form I-20 employment page
indicating that optional practical training has been recommended by the
DSO.
(11) * * *
(ii) A DSO's recommendation for optional practical training on Form
I-20 ID, or, for a SEVIS school, on an updated SEVIS Form I-20.
* * * * *
(15) Spouse and Children of F-1 student.
(i) Employment. The F-2 spouse and children of an F student may not
accept employment.
(ii) Study. (A) The F-2 spouse of an F-1 student may not engage in
full time study, and the F-2 child may only engage in full time study
if the study is in an elementary or secondary school (kindergarten
through twelfth grade). The F-2 spouse and child may engage in study
that is avocational or recreational in nature.
[[Page 34876]]
(B) An F-2 spouse or F-2 child desiring to engage in full time
study, other than that allowed for a child in paragraph (f)(15)(ii)(A)
of this section, must apply for and obtain a change of nonimmigrant
classification to F-1, J-1, or M-1 status.
(C) An F-2 spouse or F-2 child violates his or her nonimmigrant
status by engaging in full time study except as provided in paragraph
(f)(15)(ii)(A) or (B) of this section.
(16) Reinstatement to student status.--
(i) General. The district director may consider reinstating an F-1
student who makes a request for reinstatement on Form I-539,
Application to Extend/Change Nonimmigrant Status, accompanied by a
properly completed Form I-20A-B from the school the student is
attending or intends to attend (or a properly completed SEVIS Form I-20
from a SEVIS school and indicating the DSO's recommendation for
reinstatement). The district director may consider the request if the
student:
(A) Has not been out of status for more than 5 months;
(B) Establishes to the satisfaction of the Service, by a detailed
showing, either that:
(1) The violation of status resulted from circumstances beyond the
student's control. Such circumstances might include serious injury or
illness, closure of the institution, or a natural disaster.
Circumstances beyond the student's control do not occur where
inadvertence, oversight, neglect, or a willful failure on the part of
the student or the DSO resulted in the need for reinstatement; or
(2) the violation relates to a reduction in the student's course
load that would have been within a DSO's power to authorize, and that
failure to approve reinstatement would result in extreme hardship to
the student;
(C) Is currently pursuing, or intending to pursue, a full course of
study in the immediate future at the school which issued the Form I-20
A-B;
(D) Has not engaged in unauthorized employment; and
(E) Is not deportable on any ground other than section 237(a)(1)(B)
or (C)(i) of the Act.
(ii) Decision. If the Service reinstates the student, the Service
shall endorse the student's copy of Form I-20 to indicate the student
has been reinstated and return the form to the student. If the Form I-
20 is from a non-SEVIS school, the school copy will be forwarded to the
Service's processing center for data entry. If the Form I-20 is from a
SEVIS school, the adjudicating officer will update SEVIS to reflect the
Service's decision. In either case, if the Service does not reinstate
the student, the student may not appeal that decision.
(17) Current name and address. A student must inform the DSO and
the Service of any legal changes to his or her name or of any change of
address, within 10 days of the change. An F-1 nonimmigrant enrolled at
a SEVIS school can satisfy the requirement of notifying the Service by
providing a notice of a change of address within 10 days to the DSO,
who in turn shall enter the information in SEVIS within 21 days of
notification by the student. An F-1 nonimmigrant student enrolled at a
non-SEVIS school must submit a notice of change of address to the
Service, as provided in 8 CFR 265.1, within 10 days of the change. The
address provided by the student must be the actual physical location
where the student resides, not a P.O. Box or an office address. In no
case may the address of the DSO be used as the address of the student.
* * * * *
5. Section 214.2 is further amended by revising paragraph
(j)(1)(ii), and adding new paragraphs (j)(1)(vii), (j)(1)(viii), and
(j)(1)(ix) to read as follows:
Sec. 214.2 Special requirements for admission, extension, and
maintenance of status.
* * * * *
(j) * * *
(1) * * *
(ii) Duration of status. Duration of status for a J-1 exchange
alien, and his or her J-2 spouse and children, is defined as the time
during which a J-1 exchange alien is actively participating in a
program approved by the Department of State, or engaging in authorized
academic training following completion of studies. An exchange alien,
and J-2 spouse and children, may be admitted for a period up to 30 days
before the start of the approved program. An exchange alien who has
successfully completed his or her program will be allowed an additional
30-day period to depart the United States, but an exchange alien who
fails to maintain a valid program status is not eligible for this
additional 30-day period. Duration of status also includes the period
designated by the Commissioner as provided in paragraph (j)(1)(vi) of
this section.
* * * * *
(vii) Use of SEVIS. At a date in the future to be established by
the Department of State, the use of the Student and Exchange Visitor
Information System (SEVIS) will become mandatory. After that date,
which will be announced by publication in the Federal Register, the
exchange alien must present a SEVIS Form DS-2019 in order to be
admitted under this paragraph (j).
(viii) Disposition of SEVIS Form DS-2019. SEVIS will generate a
SEVIS Form DS-2019. When an J-1 student applies for admission with a
completed SEVIS Form DS-2019, the inspecting officer shall transcribe
the alien's admission number from Form I-94 onto his or her SEVIS Form
DS-2019 (for students seeking initial admission only); endorse the
SEVIS Form DS-2019, and return the SEVIS Form DS-2019 to the alien.
(ix) Current name and address. A J-1 exchange alien must inform the
Service and the responsible officer of the exchange visitor program of
any legal changes to his or her name or of any change of address,
within 10 days of the change. A J-1 exchange alien enrolled in a SEVIS
program can satisfy the requirement of notifying the Service by
providing a notice of a change of address within 10 days to the
responsible officer, who in turn shall enter the information in SEVIS
within 21 days of notification by the student. A J-1 exchange alien
enrolled at a non-SEVIS institution must submit a change of address to
the Service, as provided in 8 CFR 265.1, within 10 days of the change.
The address provided by the exchange alien must be the actual physical
location where the exchange alien resides, not a P.O. Box or an office
address. In no case may the address of the responsible officer be used
as the address of the exchange alien.
* * * * *
6. Section 214.2 is further amended by:
a. Adding new paragraphs (m)(l)(iii) and (m)(l)(iv);
b. Revising the term ``sixty days,'' in paragraph (m)(3) to read
``30 days,''
c. Revising paragraph (m)(5);
d. Removing and reserving paragraphs (m)(6), (m)(7), and (m)(8);
e. Adding new paragraphs (m)(9)(v) and (vi);
f. Revising paragraphs (m)(10), (m)(11)(ii), and (m)(14)(ii)
introductory text;
g. Adding a new paragraph (m)(14)(vi);
h. Revising paragraphs (m)(16) and (m)(17); and by
i. Adding new paragraph (m)(18).
The additions and revisions read as follows:
Sec. 214.2 Special requirements for admission, extension, and
maintenance of status.
* * * * *
(m) * * *
(l) * * *
[[Page 34877]]
(iii) Use of SEVIS. On January 30, 2003, the use of the Student and
Exchange Visitor Information System (SEVIS) will become mandatory. As
of that date, the student must present a SEVIS Form I-20 in order to be
admitted under this paragraph (m).
(iv) Disposition of SEVIS Form I-20. SEVIS will generate a Form I-
20. When an M-l student applies for admission with a completed SEVIS
Form I-20, the inspecting officer shall transcribe the alien's
admission number from Form I-94 onto his or her SEVIS Form I-20 (for
students seeking initial admission only); endorse the SEVIS Form I-20;
and return the SEVIS Form I-20 to the alien.
* * * * *
(5) Period of stay. An alien in M-1 nonimmigrant status is admitted
for a fixed time period, which is the shorter of a total period of one
year or the period necessary to complete the course of study indicated
on the Form I-20, plus practical training following completion of the
course of study, plus an additional 30 days to depart the United
States, not to exceed one year. An M-1 student may be admitted for a
period up to 30 days before the start of the course of study. An M-1
student who fails to maintain a full course of study or otherwise fails
to maintain status is not eligible for the additional 30-day period of
stay.
(6) [Reserved]
(7) [Reserved]
(8) [Reserved]
(9) * * *
(v) On-Line Courses/Distance Education Programs. Classes taken by
an M-1 student that are on-line or through distance education, and that
do not require the student's physical attendance for classes,
examination or other purposes integral to completion of the class, are
not considered as being part of the student's full course of study. An
on-line or distance education course is a course that is offered
principally through the sue of television audio, or computer
transmission including open broadcast, closed circuit, cable,
microwave, or satellite, audio conferencing, or computer conferencing.
(vi) Reduced course load. The designated school official may advise
an M-1 student to engage in less than a full course of study only where
the student has been compelled by illness or a medical condition that
has been documented by a licensed physician to interrupt or reduce his
or her course of study. A DSO may not authorize a reduced course load
for more than 5 months. An M-1 student must resume a full course of
study within 5 months of the authorization by the DSO in order to
maintain his or her status.
(A) Non SEVIS Schools. A DSO must report any student who has been
authorized by the DSO to carry a reduced course load. Within 21 days of
the authorization, the DSO must send a photocopy of the student's Form
I-20 to STSC indicating the date that authorization was granted. The
DSO must also report to STSC when the student has resumed a full course
of study, no more than 21 days from the date the student resumed a full
course of study. In this case, the DSO must submit a photocopy of the
student's Form I-20 indicating the date that a full course of study was
resumed, with a new program end date.
(B) SEVIS reporting. In order for a student to be authorized to
drop below a full course of study, the DSO must update SEVIS prior to
the student reducing his or her course load. The DSO must update SEVIS
with the date, reason for authorization, and the start date of the next
term or session. The DSO must also notify SEVIS within 21 days of the
student's commencement of a full course of study.
(10) Extension of stay.
(i) Eligibility. The cumulative time of extensions that can be
granted to an M-1 student is limited to a period of 3 years from the M-
1 student's original start date, plus 30 days. No extension can be
granted to an M-1 student if the M-1 student is unable to complete the
course of study within 3 years of the original program start date. This
limit includes extensions that have been granted due to a drop below
full course of study, a transfer of schools, or reinstatement. An M-1
student may be granted an extension of stay if it is established that:
(A) He or she is a bona fide nonimmigrant currently maintaining
student status;
(B) Compelling educational or medical reasons have resulted in a
delay to his or her course of study. Delays caused by academic
probation or suspension are not acceptable reasons for program
extension; and
(C) He or she is able to, and in good faith intends to, continue to
maintain that status for the period for which the extension is granted.
(ii) Application. An M-1 student must apply to the Service for an
extension on Form I-539, Application to Extend/Change Nonimmigrant
Status. A student's M-2 spouse and children seeking an extension of
stay must be included in the application. The student must submit the
application to the Service Center having jurisdiction over the school
the student is currently authorized to attend, at least 15 days but not
more than 60 days before the program end date on the student's Form I-
20. The application must also be accompanied by the student's Form I-20
and the Forms I-94 of the student's spouse and children, if applicable.
(iii) Period of stay. If an application for extension is granted,
the student and the student's spouse and children, if applicable, are
to be given an extension of stay for the period of time necessary to
complete the course of study, plus 30 days within which to depart from
the United States, or for a total period of one year, whichever is
less. A student's M-2 spouse and children are not eligible for an
extension unless the M-1 student is granted an extension of stay, or
for a longer period than is granted to the M-1 student.
(iv) SEVIS update. A DSO must update SEVIS to recommend that a
student be approved for an extension of stay. The SEVIS Form I-20 must
be printed with the recommendation and new program end date for
submission by mail to the Service Center, with Form I-539, and Forms I-
94 if applicable.
(11) * * *
(ii) Procedure. An M-1 student must apply to the Service on Form I-
539 for permission to transfer between schools. Upon application for
school transfer, an M-1 student may effect the transfer subject to
approval of the application. An M-1 student who transfers without
complying with this requirement or whose application is denied after
transfer pursuant to this regulation is considered to be out of status.
If the application is approved, the approval of the transfer will be
determined to be the program start date listed on the Form I-20, and
the student will be granted an extension of stay for the period of time
necessary to complete the new course of study plus thirty days, or for
a total period of one year, whichever is less.
(A) Paper process-Non SEVIS school. The application must be
accompanied by the Form I-20ID copy and the Form I-94 of the student's
spouse and children, if applicable. The Form I-539 must also be
accompanied by Form I-20M-N properly and completely filled out by the
student and by the designated official of the school which the student
wishes to attend. The student must submit the application for school
transfer to the Service Center having jurisdiction over the school the
student is currently authorized to attend. Upon approval, the
adjudicating officer will endorse the name of the school to which the
transfer is authorized on the student's Form I-20ID copy and return it
to the student. The officer will also endorse Form I-20M-N to indicate
that a school transfer has been authorized and forward it to the
Service's
[[Page 34878]]
processing center for updating. The processing center will forward Form
I-20M-N to the school to which the transfer has been authorized to
notify the school of the action taken.
(B) SEVIS process. The student must first notify his or her current
school of the intent to transfer and indicate the school to which the
student intends to transfer. Upon notification by the student, the
current school must update the student as a ``transfer out'' in SEVIS.
The student must then notify the school to which the student intends to
transfer of the student's intent to enroll. After the student completes
his or her current term or session and has notified the transfer school
of his or her intent to enroll, the transfer school may issue SEVIS
Form I-20 to the student. Upon receipt of the SEVIS Form I-20 from the
transfer school, the M-1 student must submit Form I-539 in accordance
with Sec. 214.2(m)(11) to the Service Center with jurisdiction over the
school the student was last authorized to attend. Upon submission of
the application for transfer, the student may enroll in the transfer
school at the next available term or session and is required to notify
the transfer school immediately upon beginning attendance. The transfer
school must update SEVIS to indicate that the student has enrolled in
classes in accordance with Sec. 214.3. Upon approval of the transfer
application, the Service officer will endorse the name of the school to
which the transfer is authorized on the student's SEVIS Form I-20 and
return it to the student.
(C) Once SEVIS is fully operational and interfaced with INS' CLAIMS
3 benefit processing system, the Service officer will transmit the
approval of the transfer of SEVIS and endorse the name of the school to
which transfer is authorized on the student's SEVIS Form I-20 and
return it to the student. As part of the transitional process until
that time, the student is required to notify the DSO at the transfer
school of the decision of the Service within 15 days of the receipt of
the adjudication by the Service. Upon notification by the student of
the approval of the Service, the DSO must immediately update SEVIS to
show that approval of the transfer has been granted. The DSO must then
print an updated SEVIS From I-20 for the student indicating that the
transfer has been completed. If the application for transfer is denied,
the student is out of status and the DSO must terminate the student's
record in SEVIS.
* * * * *
(14) * * *
(ii) Application. An M-1 student must apply for permission to
accept employment for practical training on Form I-765, with fee,
accompanied by a Form I-20 that has been endorsed for practical
training by the designated school official. The application must be
submitted prior to the program end date listed on the student's Form I-
20 but not more than 90 days before the program end date. The
designated school official must certify on Form I-538 that--
* * * * *
(vi) SEVIS process. The DSO must update the student's record in
SEVIS to recommend that the Service approve the student for practical
training, and print SEVIS Form I-20 with the recommendation, for the
student to submit to the Service with Form I-765 and Form I-538 has
provided in this paragraph (m)(11).
* * * * *
(16) Reinstatement to student status.
(i) General. A district director may consider reinstating an M-1
student who makes a request for reinstatement on Form I-539,
Application to Extend Time of Temporary Stay, accompanied by a properly
completed Form I-20A-B or SEVIS Form I-20, from the school the students
is attending or intends to attend, only if the student:
(A) Has not been out of status for more than 5 months;
(B) Establishes to the satisfaction of the Service, by a detailed
showing, either that:
(1) The violation of status resulted from circumstances beyond the
student's control. Such circumstances might include serious injury or
illness, closure of the institution, or a natural disaster.
Circumstances beyond the student's control do not occur where
inadvertence, oversight, neglect, or a willful failure on the part of
the student or the DSO resulted in the need for reinstatement; or
(2) The violation relates to a reduction in the student's course
load that would have been within a DSO's power to authorize, and that
failure to approve reinstatement would result in extreme hardship to
the student;
(C) Is currently pursuing or intends to pursue, a full course of
study at the school which issued the Form I-20A-B or SEVIS Form I-20;
(D) Has not engaged in unlawful employment; and
(E) Is not deportable on any ground other than section
237(a)(1)(B), (C)(i) of the Act.
(ii) Decision. If the district director does not reinstate the
student, the student may not appeal the decision. If the district
director reinstates the student, he or she shall endorse the student's
Form I-20ID copy or SEVIS Form 1-20 to indicate that the student has
been reinstated and return the form to the student. The district
director will send notification to the school of the decision.
(17) Study by spouse and children of M-1 student.
(i) The M-2 spouse of an M-1 student may not engage in full time
study, and the M-2 child may only engage in full time study if the
study is in an elementary or secondary school (kindergarten through
twelfth grade). The spouse and child may engage in study that is
avocational or recreational in nature.
(ii) An M-2 spouse or M-2 child desiring to engage in full time
study, other than that allowed for a child in paragraph (m)(17)(i) of
this section, must apply for and obtain a change of nonimmigrant
classification to F-1, J-1, or M-1 status.
(iii) An M-2 spouse or M-2 child violates his or her nonimmigrant
status by engaging in full time study except as provided in paragraph
(m)(17)(i) and (ii) of this section.
(18) Current name and address. A student must inform the Service
and the DSO of any legal changes to his or her name or of any change of
address, within 10 days of the change. An M-1 nonimmigrant enrolled at
a SEVIS school can satisfy the requirement of notifying the Service by
providing a notice of a change of address within 10 days to the DSO,
and the DSO in turn shall enter the information in SEVIS within 21 days
of notification by the student. An M-1 nonimmigrant student enrolled at
a non-SEVIS institution must submit a notice of change of address to
the Service, as provided in 8 CFR 265.1, within 10 days of the change.
The address provided by the student must be the actual physical
location where the student resides, not a P.O. Box or an office
address. In no case may the address of the DSO be sued as the address
of the student.
* * * * *
7. Section 214.3 is amended by:
a. Redesignating paragraph (a)(2) as paragraph (a)(3);
b. Adding a new paragraph (a)(2);
c. Revising newly redesignated paragraph (a)(3)(i)(F);
d. Adding in newly redesignated paragraph (a)(3), a new paragraph
(a)(3)(v);
e. Adding a new paragraph (e)(3);
f. Revising paragraphs (g)(1)(iv) and (g)(1)(v);
g. Adding a new paragraph (g)(3);
[[Page 34879]]
h. Revising paragraph (l)(1);
i. Adding three sentences to the end of paragraph (l)(2);
j. Revising the heading in paragraph (l)(3), and by revising the
first sentence in paragraph (l)(3); and by
k. Adding a new paragraph (l)(4).
The additions and revisions read as follows:
Sec. 214.3 Petitions for approval of schools
(a) * * *
(2) SEVIS filing. A school or school system filing a petition using
SEVIS must submit all of the information required by paragraph (a)(1)
of this section. To apply for certification in SEVIS, a school or
school system must first contact the SEVIS system administrator via the
SEVIS website to receive a temporary user identifications and password.
This temporary identification and password will be valid for 30 days
from issuance. After receiving the temporary identification and
password the school must complete Form I-17 online in the SEVIS
application. The form I-17 must then be printed and submitted by mail
to the appropriate district office with supporting documentation in
accordance with the regulations of this section.
(3) * * *
(i) * * *
(F) A private elementary school.
* * * * *
(v) The following may not be approved for attendance by foreign
students:
(A) A home school,
(B) A public elementary school, or
(C) An adult education program, as defined by section 203(l) of the
Adult Education and Family Literacy Act, Public Law 105-220, as
amended, 20 U.S.C. 9202(l), if the adult education program is funded in
whole or in part by a grant under the Adult Education and Family
Literacy Act, or by any other Federal, State, county or municipal
funding.
* * * * *
(e) * * *
(3) SEVIS reporting. Upon approval of a petition, the district
director shall update SEVIS to reflect approval of the petition. An
email notification will be sent to the principal DSO by SEVIS. An
approved school that has been enrolled in SEVIS must immediately update
SEVIS to reflect any material changes to its name, address or
curriculum for a determination of continued eligibility for approval.
* * * * *
(g) * * *
(1) * * *
(iv) Current address where the student and any dependents
physically reside (not a P.O. Box or an office address).
(v) The student's current academic status.
* * * * *
(3) SEVIS reporting requirements.
(i) Within 21 days of a change in any of the information contained
in paragraph (e)(3) of this section, schools using the SEVIS system
must update SEVIS with the current information.
(ii) Schools are also required to report within 21 days of the
occurrence the following events:
(A) Any student who has failed to maintain status or complete his
or her program;
(B) A change of the student or dependent's legal name or U.S.
address;
(C) Any student who has graduated early or prior to the program end
date listed on SEVIS Form I-20;
(D) Any disciplinary action taken by the school against the student
as a result of the student being convicted of a crime; and
(E) Any other notification request made by SEVIS to the DSO with
regard to the current status of the student.
(iii) Each term or session and no later than 30 days after the
deadline for registering for classes, schools are required to report
the following registration information:
(A) Whether the student has enrolled at the school, dropped below a
full course of study without prior authorization by the DSO, or failed
to enroll;
(B) The current address of each enrolled student; and
(C) The start date of the student's next session, term, semester,
trimester, or quarter.
* * * * *
(l) * * *
(1) Meaning of term Designated Official. As used in Secs. 214.1(b),
214.2(b), 214.2(f), 214.2(m), and 214.4, a Designated Official,
Designated School Official, Principal Designated School Official, or
Administrative School Official means a regularly employed member of the
school administration whose office is located at the school and who is
a regularly employed member of the school administration whose office
is located at the school and whose compensation does not come from
commissions for recruitment of foreign students. An individual whose
principal obligation to the school is to recruit foreign students for
compensation does not qualify as a designated official.
(i) Principal Designated School Official (PDSO) and Designated
School Official (DSO). A PDSO and DSO must be a United States citizen
or Lawful Permanent Resident of the United States. The PDSO and any
other DSO must be named by the president, owner, or head of a school or
school system. The PDSO and DSO may not delegate this designation to
any other person. Each school must have a designated PDSO. The Service
will use the PDSO as the point of contact on any issues that relate to
the school's compliance with the regulations as well as any system
alerts generated by SEVIS. In all other respects the PDSO and DSO will
share the same responsibilities. Each school may have up to five
designated officials at any one time, including the PDSO. In a multi-
campus school, each campus may have up to five designated officials at
any one time including the PDSO. In a private elementary or public or
private secondary school system, however, the entire school system is
limited to five designated officials at any one time including the
PDSO.
(ii) Administrative School Official (ASO). The president, owner, or
head of a school or school system must name any ASO. The ASO may not
delegate this designation to any other person. Each school may have up
to five ASOs at any one time. The function of the ASO is limited to
clerical or administrative tasks. An ASO may not sign any Form I-20,
update any event in SEVIS, or perform any other duty that requires
authorization of the PDSO or DSO in the regulations. A DSO or PDSO must
review and approve any data entered by an ASO.
(2) * * * An approved school must update SEVIS upon any changes to
the persons who are principal or designated officials, and furnish the
name and title of the new official within 21 days of the change. Any
changes to the PDSO, DSO or ASO must be made by the PDSO. In its
discretion the Service may reject the submission of any individual as a
DSO or withdraw a previous submission by a school of an individual.
(3) Statement of principal and designated officials. A petition for
school approval must include a statement by the principal and each
designated official certifying that the official is familiar with the
Service regulations relating to nonimmigrant students. * * *
(4) SEVIS update. At the time the new official is updated in SEVIS
in accordance with paragraph (l)(2) of this section, the official must
also certify that he or she has read Service regulations and intends to
comply with the regulations.
[[Page 34880]]
Dated: May 9, 2002.
James W. Ziglar,
Commissioner, Immigration and Naturalization Service.
[FR Doc. 02-12022 Filed 5-15-02; 8:45 am]
BILLING CODE 4410-10-M