SEVIS Fee Proposed Rule
Posted Nov 07, 2003

The Department of Homeland Security (DHS) published a Proposed Rule on October 27, 2003, authorizing the collection of a fee from applicants for F-1, F-3, M-1, M-3, or J-1 status. The fee would fund the Student and Exchange Visitor Information System (SEVIS). We reported the likelihood of this Proposed Rule in our October 24, 2003 MurthyBulletin article, SEVIS Fee Expected in Late 2003, available on MurthyDotCom. The deadline for submitting written comments on the Proposed Rule is December 26, 2003. It is necessary to emphasize that this is a proposed rule and is not final.
 
Form I-901 / Fees
 
The form that is proposed for use for fee payment will be called Form I-901. The proposed fee would be $100 for F, J, and M nonimmigrants. There is an exception for J-1 au pairs, camp counselors, and summer work or travel program participants. The fee for those individuals would be $35.00. No fee would be required for J-1 exchange visitors who are participating in a program sponsored by the U.S. government.
 
When to Pay
 
The fees would have to be paid in advance of obtaining the desired status. Applicants for F and M student status would need to pay in order to enroll in school. J-1 applicants would have to pay prior to commencing their participation in their respective exchange visitor programs. A person who is abroad and seeking a visa in the F-1, F-3, J-1, M-1, or M-3 categories, would be required to pay the fee to DHS before applying for the visa. Those within the U.S., applying for changes in status to any of the listed categories, would have to pay the fee to DHS before submitting the application for change of status.
 
Given the number of people denied student visas at the consulates, as well as changes to student status, it would seem that, under the advance-payment system, many fees would be collected from persons who, ultimately, would never be able to enter the U.S. in the SEVIS-subject categories.
 
Reinstatements
 
J-1s seeking reinstatement after a violation, or who have been out of status more than 120 days, would have to pay the fee prior to making application for reinstatement. F or M students who apply for reinstatements following violations in excess of 5 months would have to pay the fee with the application for reinstatement.
 
Extensions / Transfers
 
If a person pays the fee prior to obtaining F, J, or M status, there are exceptions in the proposed rule, so that s/he generally would not have to pay again when applying for extensions of stay, program transfers, or post-completion practical training. Additionally, no fee is required in connection with an extension of status for enrollment in a new course of study in the same nonimmigrant category. For the purpose of this exception, no fee is required for changes between F-1 and F-3, or M-1 and M-3.

Reapplication After Denial
 
If an applicant pays the fee in connection with a visa application at the consulate and the visa is denied, no new fee is required for a reapplication for the same status, provided the reapplication is made within nine months of the denial.
 
Conclusion
 
Ultimately, payments are expected to be accepted by mail, electronically, and potentially through other designated mechanisms. Receipts will be generated as proof of payment.
 
Comments received by the December 26, 2003 deadline will be reviewed and the final rule will be published, potentially incorporating some of the comments. Look for updated information on MurthyDotCom and in the MurthyBulletin once the SEVIS fee rule is finalized to indicate when this fee will go into effect.