The U.S. Department of State recently published a Final Rule in the Federal Register
amending the Department's regulations pertaining to foreign students and exchange
visitors who enter the United States in F, M, or J nonimmigrant visa categories.
The new regulations will establish the verification and reporting procedures required
by the Department of Homeland Security (DHS) foreign student monitoring system
known as Student and Exchange Visitor Information System (SEVIS).
As SEVIS
was fully implemented on February 15, 2003, the Department's transitional foreign
student database known as the Interim Student and Exchange Authentication System
(ISEAS) is no longer available to the educational and exchange visitor communities.
However, it remains available to consular sections in the field as a means of
electronically verifying student and exchange visitor documentation issued prior
to February 15, 2003.
The Department is amending its regulations regarding
students and exchange visitors by adding the requirement that authorized consular
officials verify the provenance of SEVIS-generated forms I-20 or DS-2019 against
SEVIS data in the Consular Consolidated Database CCD.
It is also amending
its regulations by adding the requirement that authorized consular officials verify
the payment of any applicable SEVIS fee, and to make Border Commuter Students
(F-3 and M-3) subject to SEVIS requirements. No F-1, F-2, F-3, M-1, M-2, M-3,
J-1 or J-2 visas may be issued unless an authorized consular official has verified
the provenance of the student or exchange visitor acceptance documentation against
SEVIS data in the CCD, or via direct access to SEVIS.
On May 23, 2003,
the Department published an interim rule detailing the implementation of the SEVIS
monitoring system. The Department published this interim rule with a request for
comments. There were no comments received and the Department is now making final
the interim rule. This final rule takes effect on the date of publication in the
Federal Register i.e. February 16, 2005.
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