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#13Title: SEVM/SEVIS Reporting on International Students and Exchange Visitors Prepared: July 2002 Type: New legislation / proposed regulations Summary Recently enacted laws and regulations on immigration reform, border security, and the threat of terrorism require educational institutions to record and report more information about international students and exchange visitors. The Student and Exchange Visitor Program (SEVP) is a joint venture of the Immigration and Naturalization Service (INS), the Department of State, and the Department of Education to improve tracking and reporting of "non-immigrant" students (F-1 and M-1 visas) and exchange visitors (J-1 visas). The Student and Exchange Visitor Information System (SEVIS) is the Web-based system for collecting information about these persons and issuing the appropriate documents (I-20, IAP-66, etc.) The password-protected online SEVIS database will allow for more rapid collection of information about "non-immigrant" students and exchange visitors, and eliminate some current paper and mail systems. Current Status Required by law. Optional SEVIS participation began July 1, 2002, with compulsory participation by institutions scheduled to begin on January 30, 2003. SEVIS supercedes and replaces the Coordinated Interagency Partnership Regulating International Students (CIPRIS) program, which was the pilot test of the system. The INS issued proposed rules for SEVIS on May 16, 2002. If the final regulations change reporting requirements significantly, a follow-up AIR Alert will be issued. Required data collection. Institutions are required to record and/or report on the following:
Implications for Institutions In order to continue to enroll international students with F-1 visas (regular students), M-1 visas (vocational programs), or J-1 visas (exchange visitors), institutions will have to apply for and be certified to participate in the online SEVIS program by the INS, even if they already issue such visas. As part of the certification process, INS must conduct an on-site review of each participant by May 2004. Proposed regulations, issued May 16, 2002, require institutions to designate a Principal Designated School Official (PDSO), who is the primary institutional contact for SEVIS, and up to four other Designated School Officials (DSOs) who are authorized to maintain information in SEVIS. Up to five Administrative School Officials (ASOs) may be appointed to assist with record maintenance. Failure to register, or failure to comply with SEVIS rules may mean that the institution could have its privileges to enroll international students and visitors suspended. Record keeping and reporting requirements will require close coordination and cooperation among a variety of offices, such as admissions, the registrar, student affairs, international student office, housing, institutional research, information services, human resources, and financial aid. New systems and procedures for timely communication between offices may need to be developed. Institutions are required to provide periodic reports each term, and to notify SEVIS much sooner when certain changes in status occur. Periodic reports on academic status, enrollment, and address information must be reported "each term or session and no later than 30 days after the deadline for registering for classes." Institutions must notify the INS within 30 days if an alien fails to enroll or start participation in their program. Many other changes in address or enrollment status must be reported in SEVIS within 21 days of the change. Visa holders should be aware that they must inform a DSO of any change in address within 10 days. According to the INS proposed SEVIS rules, the "address provided by the student or dependent must be the actual physical location where the student or dependent resides." Other rules clarify and restrict the "grace periods" when visa holders may be in the country before and after their program of studies. When SEVIS opened on July 1, 2002, the only means of participation was to manually key in records for visa holders at the SEVIS Web site. Institutions may currently submit data by this method without charge. The INS has the option of requiring a user fee for SEVIS participants, but the fee is currently deferred. However, to avoid redundant data entry on SEVIS and local administrative systems, many institutions will incur expenses to develop or purchase systems that will allow upload or batch entry of data into SEVIS. Major administrative software vendors (SCT Banner, PeopleSoft, and Datatel), the National Student Clearinghouse, and other vendors (such as Windstar Technologies, Inc.) are developing SEVIS interfaces for planned release in the fall of 2002. During the optional reporting period, institutions may opt to use SEVIS only for newly-enrolled students, but they may choose to report for all visa holders. (Some states have added additional reporting requirements during the optional reporting period, so institutions may wish to check with their state higher education offices.) In the next academic cycle after SEVIS reporting becomes mandatory, all new and continuing visa holders will have to be entered into the system. Timeline September 30, 1996 - Illegal Immigrant Reform Act and Immigrant Responsibility Act (IIRIRA) enacted, requiring certain reporting about visa holders by educational institutions. (P.L. 104-208. See IIRIRA 641 (C).) October 26, 2002 - USA Patriot Act enacted, mandating national SEVIS implementation by January 2003. (P.L. 107-56. See section 416 (B).) May 15, 2002 - Enhanced Border Security and Visa Entry Reform Act of 2002 signed into law. (P.L. 107-173. See Sec. 501. Foreign Student Monitoring Program.) May 16, 2002 - Immigration and Naturalization Service issues proposed rules on SEVIS (Federal Register, Vol. 67, No. 95, 8 CFR Parts 103 and 214). July 1, 2002 - SEVIS opens for optional participation. Fall 2002 - Various vendors release batch-entry/upload software for SEVIS participation. January 30, 2003 - Deadline for compulsory reporting in SEVIS of all international students and exchange visitors with F-1, M-1, or J-1 visas. Additional Resources
Author: James C. Fergerson Coordinated by the Higher Education Data Policy Committee. All opinions expressed herein do not necessarily reflect the official position of the Association for Institutional Research. |