INS Proposes Fee for F-1, J-1, and M-1 Nonimmigrants
Posted Jan 04, 2000

The Immigration and Naturalization Service (INS) has proposed to impose a $95 fee that schools and exchange visitor programs must collect and remit on behalf of F-1, J-1, and M-1 non-immigrants when they first register or enroll in school or first commence exchange program participation in the United States. The INS intends to include F-1, J-1, and M-1 non-immigrants at all educational levels in this program.

As many of you know :

• The F-1 non-immigrants are foreign nationals enrolled as students in INS-approved colleges, universities, academic high schools, private elementary schools, other academic institutions, and in language training programs in the United States.
• The J-1 non-immigrants are foreign nationals who have been selected by a United States Information Agency (USIA) designated sponsor to participate in an exchange visitor program in the United States.
• The M-1 non-immigrants are foreign nationals enrolled as students in INS-approved vocational or other recognized nonacademic institutions, other than in language training programs in the United States.

Why is INS proposing to impose fees on F1, J1 and M1 students?

The INS believes that the proposed rule is necessary to implement Section 641 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), regarding the Program to Collect Information Relating to Nonimmigrant Foreign Students and Other Exchange Program Participants. Section 641 of IIRIRA, in particular, directs the Attorney General, in consultation with the Secretary of State and the Secretary of Education, to develop and conduct a program to collect information on non-immigrant foreign students and exchange visitors from approved institutions of higher education and designated exchange visitor programs.

In addition to the requirements of section 641 of the IIRIRA, the INS collects information on nonimmigrant students from educational institutions pursuant to the authority under Sections 103 and 214 of the Immigration and Nationality Act. Under these sections, the Attorney General has delegated to the INS the authority to establish regulations governing the admission of non-immigrants. Under this authority, the Service requires educational institutions to maintain records on nonimmigrant students and to provide information from the records to the INS upon request. To the extent that these record collection activities cause the INS to expend appropriated funds and yield particularized benefits to program participants, 31 U.S.C. 9701 requires the INS to assess a fee for providing any such benefits to F-1, J-1 or M-1s but not against their dependents.

The deadline for submitting written comments to the proposed rule is February 22, 2000. Submit written comments, in triplicate, to the Director, Policy Directives and Instructions Branch, Immigration and Naturalization Service, 425 I Street, NW, Room 5307, Washington, DC 20536. To ensure proper handling, please reference INS No. 1991-99 on your correspondence. Comments are available at the above address by calling (202) 514-3048 to arrange for an appointment with the INS.

The Law Office of Sheela Murthy is aware that organizations like NAFSA are likely to have an interest in the proposed rule and comment on it with respect to the administrative and financial burdens on its participating University and academic institutional members.