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Proposed Rule for Schools to Report Student Information
Posted
May 24, 2002
The INS issued a proposed rule on May 16, 2002 that would implement SEVIS,
the Student and Exchange Visitor Information System. The idea for this
program is not new. Rather, it was mandated in 1996 under IIRAIRA, the
Illegal Immigration Reform and Immigrant Responsibility Act. Post 9/11 its
implementation has become high priority, however. The rule will apply to
students, both F-1 (academic) and M-1 (vocational), and to J-1 exchange
visitors. Exchange visitors fall within 13 different types of programs, from
Au Pairs to Foreign Medical Graduates. The J-1 exchange visitor categories
are sponsored by U.S. Department of State (DOS) authorized programs under a
system somewhat similar to the student visa program.
Under the proposed regulation, schools and exchange visitor programs would
have to electronically enter information pertaining to foreign students,
exchange visitors, and their dependents. The current system for issuance and
tracking student and exchange visitor status is manual and paper based.
SEVIS eliminates the current, manual, paper-based system and replaces it
with an Internet-based information collection and reporting system.
The INS anticipates SEVIS will be operational July 1, 2002 on a voluntary
basis. If the proposed regulation is finalized, mandatory participation will
begin on January 30, 2003. Once compliance is made mandatory, schools and
exchange visitor programs will be required to use SEVIS in order to issue
the necessary certificate of eligibility, Form I-20 (for students) or Form
IAP-66 (for exchange visitors). INS is soliciting comments for a 30-day
period and is particularly interested in comments with regard to the ability
of schools to comply by January 30, 2003. The INS is required to review and
consider the comments before issuing a final regulation.
Written comments are due on or before June 17, 2002. They must be addressed
to :
Director, Regulations and Forms Services Division
Immigration and Naturalization Service
425 I Street, N.W. Room 4034
Washington, D.C. 20536
(Note :
The street name is the letter I, not number 1 (one); to avoid confusion,
people often spell it out as "Eye.")
The comments must reference INS No. 2185-02. They may also be submitted
electronically to <insregs@usdoj.gov>.
Electronic comments must include the reference number in the subject line.
The student data contained in SEVIS will include name, date and place of
birth, country of citizenship, address, status, degree program and field of
study, termination date and reason, documents relating to admission, and
credits completed per semester. SEVIS would provide INS with direct access
to current information.
SEVIS will require schools to report the students who enroll every semester
and those who fail to enroll or maintain status, as well as students who
complete programs or attain degrees earlier than was anticipated. Schools
will also have to report any disciplinary action they take as a result of a
student being convicted of a crime. The current, paper-based process only
requires official school verification of students if and when INS sends a
list of names to the school.
The proposed regulation also addresses other matters aimed at curbing
perceived problems in the student visa program. These include limits on
authorization to reduce course load and stricter requirements for
reinstatement of status where there have been violations. Under the proposed
rule, reinstatement would be allowed only if the student applies for
reinstatement within five months of being out of status.
For violations of status stemming from a reduced course load that could have
been authorized by the school, the student must demonstrate that failure to
receive the reinstatement would result in extreme hardship. For other
violations the student must establish that the need for reinstatement
resulted from circumstances beyond the student's control. Such circumstances
may include serious injury, closure of the school, or a natural disaster.
Situations resulting from neglect, oversight, or willful failure on the part
of the student or the Designated School Official are not regarded as being
beyond the student's control.
MurthyBulletin and MurthyDotCom readers in student status
should be particularly diligent in all respects concerning maintenance of
status.
©
The
Law Office of Sheela Murthy, P.C.
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