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[Federal Register: May 16, 2002 (Volume 67, Number 95)]
[Proposed Rules]               
[Page 34862-34880]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16my02-16]                         

========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

========================================================================



[[Page 34862]]



DEPARTMENT OF JUSTICE

Immigration and Naturalization Service

8 CFR Parts 103 and 214

[INS No. 2185-02]
RIN 1115-AG55

 
Retention and Reporting of Information for F, J, and M 
Nonimmigrants; Student and Exchange Visitor Information System (SEVIS)

AGENCY: Immigration and Naturalization Service, Justice.

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: This rule proposes to amend the Immigration and Naturalization 
Service (Service) regulations governing the retention and reporting of 
information regarding F, J, and M nonimmigrants. This rule will 
implement the Student and Exchange Visitor Information System (SEVIS), 
and establish a process for electronic reporting by designated school 
officials (DSO) of information required to be reported to the Service. 
This is necessary to improve and streamline the reporting and record 
keeping of F, J, and M nonimmigrants. This rule also proposes to amend 
the existing regulations relating to F and M students to improve 
accountability and to implement reasonable and clear standards 
governing the maintenance, extension and reinstatement of student 
status.

DATES: Written comments must be submitted on or before June 17, 2002.

ADDRESSES: Please submit written comments to the Director, Regulations 
and Forms Services Division, Immigration and Naturalization Service, 
425 I Street, NW., Room 4034, Washington, DC 20536. To ensure proper 
handling, please reference INS No. 2185-02 on your correspondence. 
Comments may also be submitted electronically to the Service at 
insregs@usdoj.gov. When submitting comments electronically, please 
include INS No. 2185-02 in the subject heading. Comments may be 
inspected at the above address by calling (202) 514-3048 to arrange for 
an appointment.

FOR FURTHER INFORMATION CONTACT: Maura Deadrick, Assistant Director, 
Adjudications Division, Immigration and Naturalization Service, 425 I 
Street NW., Room 3040, Washington, DC 20536, telephone (202) 514-3228.

SUPPLEMENTARY INFORMATION:

Who Are F, J, and M Nonimmigrants?

    The Immigration and Nationality Act (Act) provides for the 
admission of various classification of nonimmigrants, who are foreign 
nationals having a residence in a foreign country which they have no 
intention of abandoning, and who are seeking temporary admission to the 
United States. The purpose of the nonimmigrant's intended stay in the 
United State determines his or her proper nonimmigrant classification.
    F-1 nonimmigrants, as defined in section 101(a)(15)(F) of the Act, 
are foreign students pursuing a full course of study in a college, 
university, seminary, conservatory, academic high school, private 
elementary school, other academic institution, or language training 
program in the United States that has been approved by the Service to 
enroll foreign students. For the purposes of this rule, the term 
``school'' refers to all of these types of Service-approved 
institutions. An F-2 nonimmigrant is a foreign national who is the 
spouse or qualifying child (under the age of 21) of an F-1 
nonimmigrant.
    J-1 nonimmigrants, as defined in section 101(a)(15)(J) of the Act, 
are foreign nationals who have been selected by a sponsor designated by 
the United States Department of State (DOS) (formerly the United States 
Information Agency (USIA)) to participate in an exchange visitor 
program in the United States. The J-1 classification includes, among 
others, aliens participating in programs under which they will receive 
graduate medical education or training. For purposes of this rule, 
``exchange visitor program'' refers to all organizations or 
institutions designated by the Department of State to conduct an 
exchange program. A J-2 nonimmigrant is a foreign national who is the 
spouse or qualifying child (under the age of 21) of a J-1 nonimmigrant.
    M-1 nonimmigrants, as defined in section 101(a)(15)(M) of the Act, 
are foreign nationals pursuing a full course of study at a Service-
approved vocational school or other recognized nonacademic institution 
(other than in language training programs) in the United States. The 
term ``school'' for the purposes of this proposed rule also encompasses 
all institutions approved for attendance by M-1 students. An M-2 
nonimmigrant is a foreign national who is the spouse or qualifying 
child (under the age of 21) of an M-1 nonimmigrant.
    (Among the kinds of schools approved for attendance by M-1 students 
are flight training schools. The Service notes that section 113 of the 
Aviation and Transportation Security Act, Public Law 107-71 (Nov. 19, 
2001), imposes new restrictions on providing flight training to aliens 
and requires a prior notification to the Attorney General before such 
training can begin. The requirements of that law are separate from, and 
in addition to, the law and regulations governing M-1 students. The 
Department of Justice has already published public notices pertaining 
to section 113 at 67 FR 2238 (Jan. 16, 2002) and 67 FR 6051 (Feb. 8, 
2002), and the Department will be promulgating implementing rules in a 
separate proceeding.)

I. Description of the New Process

What Is the Student and Exchange Visitor Information System (SEVIS)?

    Section 641 of the Illegal Immigration Reform and Immigrant 
Responsibility Act of 1996 (IIRIRA), Public Law 104-208, Div. C (Sept. 
30, 1996), directs the Attorney General to develop and conduct a 
program to collect current information, on an ongoing basis, from 
schools and exchange programs relating to nonimmigrant foreign students 
and exchange aliens during the course of their stay in the United 
States, using electronic reporting technology to the fullest extent 
practicable.
    SEVIS implements this requirement. SEVIS is an internet-based 
system that provides users with access to accurate and current 
information on nonimmigrant foreign students, exchange aliens, and 
their dependents. SEVIS will enable schools and exchange programs to 
transmit electronic information and event notifications, via the 
Internet, to the Service and the Department of State throughout a

[[Page 34863]]

student's or exchange alien's stay in the United States.
    Currently, for F-1 and M-1 students, schools are required to 
maintain local records on each nonimmigrant student, and to produce 
such information upon request by the Service. In order to enroll a 
nonimmigrant student, a school, at the time of offering acceptance, 
must complete and send a multi-copy paper Form I-20A-B, Certificate of 
Eligibility for Nonimmigrant (F-1) Student Status for Academic and 
Language Students, or Form I-20M-N, Certificate of Eligibility for 
Nonimmigrant (M-1) Student Status For Vocational Students. A copy of 
the Form I-20 is maintained by the school, a copy is provided to the 
nonimmigrant, and a copy is routed to the Service for data-entry into a 
mainframe database, processed, and then returned to the school for 
inclusion in its local record. Other than entry into a mainframe 
database, which is not accessible for use by the school, the current 
process is entirely manual and paper-based.
    SEVIS creates a means for information collection and reporting via 
the Internet and a reduction in data latency and paper record 
maintenance and routing. In order to create a Form I-20, the school 
will now access SEVIS and enter the information electronically, thus 
instantly collecting the data in a central database before the form is 
ever printed. There will no longer be a need for multiple copies of the 
forms, since the Service will not need a copy to be routed for data-
entry. Likewise, the school will no longer be required to maintain its 
own paper copy of the record, since it will be accessible to the school 
through SEVIS. Once it is fully operational and all affected schools 
are mandated to utilize the system, SEVIS will completely replace and 
aggregate the Service's existing mainframe database, the Student/School 
system (STSC).
    Similarly, at present, an exchange visitor program admitting J-1 
exchange aliens currently must complete a Form DS-2019 (previously Form 
IAP-66). Under SEVIS, exchange programs will use SEVIS to enter 
information electronically and generate a Form DS-2019 for their 
participating exchange aliens. For clarification purposes, sections of 
this text that refer specifically to a Form I-20 or DS-2019 issued from 
SEVIS will refer to the forms as a SEVIS Form I-20 or SEVIS Form DS-
2019.

Must All Schools and Exchange Visitor Programs Participate in SEVIS?

    Currently, SEVIS is anticipated to begin implementation for 
participation on a voluntary basis on July 1, 2002. Participation in 
SEVIS at first will be voluntary, but will become required on January 
30, 2003. The Department of State will issue separate regulations 
establishing a compliance date for all exchange visitor programs.
    Once use of SEVIS is mandatory, all schools approved by the Service 
must be using SEVIS in order to continue accepting foreign students and 
all exchange visitor programs must be using SEVIS to enroll exchange 
aliens. Thereafter, only SEVIS Forms I-20 for F-1 or M-1 students or 
SEVIS Form DS-2019 for J-1 exchange aliens can be used for entry into 
the United States, change of nonimmigrant classification, 
reinstatement, transfer, extension, or any other immigration benefit.
    The Service recognizes that the compulsory date of January 30, 
2003, may pose challenges for schools as there may be changes to 
existing systems and processes required of schools in order to be in 
compliance. Therefore, the Service is soliciting comments from the 
schools regarding the amount of time the schools believe will be 
necessary to convert to the SEVIS system. Commenters should state 
specifically the steps that must be taken before being able to fully 
convert to SEVIS and indicate particular problems or obstacles that may 
be faced in trying to meet the proposed deadline. The Service will 
consider the information provided in the comments in the drafting of 
the final rule.
    In the meantime, there will be schools and exchange visitor 
programs that continue to use the existing paper-based processes and 
others that begin to use SEVIS, as they choose. This phased-in approach 
will allow schools and exchange visitor programs sufficient time to 
conform their internal processes to a system that will successfully 
interface with SEVIS.
    Accordingly, this proposed rule amends Sec. 214.2(f) and (m) of the 
Service's regulations to allow for different reporting processes for 
schools prior to the final SEVIS implementation date, depending upon 
whether or not they have been enrolled in SEVIS. These alternative 
processes are clearly distinguished in the text of this proposed rule. 
The Service will publish a rule when SEVIS becomes mandatory to remove 
all references in the regulations to paper-based processes.
    The Department of State's separate rule will provide the 
appropriate processes for exchange visitor programs to follow with 
respect to J nonimmigrants, depending on whether or not those programs 
have been enrolled in SEVIS during the time before use of SEVIS becomes 
mandatory.
    Although IIRIRA section 641 mandates the development of a new 
information collection program, the Service is also pursuing this 
system as a result of its recognition that the current reporting 
process for foreign student and exchange aliens is not an effective 
means to maintain timely information on F, J, and M nonimmigrants. 
Under the current paper-based system, the Service is unable to provide 
expedient responses to benefit requests, such as for employment 
authorizations and reinstatements. By reengineering the information 
reporting program from a paper-based process to one that is automated, 
the Service anticipates an improved system for the Service and DOS, for 
the schools and exchange visitor programs subject to their authority, 
and for the foreign students and exchange aliens coming to the United 
States to attend them.

What Is the Monetary Impact That SEVIS Will Have on Schools?

    The Service believes that SEVIS will have a positive impact on 
schools and will make the oversight of foreign students on their 
campuses and administration of international student programs easier 
for most DSOs. Schools using SEVIS will no longer have to print out, 
file, and mail as many paper forms. However, each institution is 
different and will have processes and systems that are unique. For 
schools that do not require or desire the use of batch capability, 
there should be little to no additional cost, and in fact, some savings 
may result from the efficiencies that SEVIS will provide. These schools 
will access SEVIS through the Internet and in all likelihood will have 
to make no changes or upgrades to their existing systems. As long as 
the school has an Internet browser, MS Internet Explorer 5.0 or better, 
or Netscape 4.7 or better, they can access SEVIS.
    The monetary impact on schools that desire to use batch capability 
may be greater. These schools may need to pay the cost of whatever 
modifications are necessary to make their existing systems compatible 
with that of SEVIS. However, that one-time start-up cost might be 
highly cost-effective in the long run because, once the electronic 
interface is complete, the process of maintaining student records for 
purpose of SEVIS will be highly automated, thereby reducing the future 
personnel costs. Moreover, these decisions as to cost/benefit tradeoffs 
will be made by each school in light of their own circumstances. The 
use of the batch

[[Page 34864]]

mode will be entirely optional. Even if schools use only the Internet 
mode, the process should be considerably more efficient than it is at 
present.
    In order for the Service to better gauge what monetary impact, if 
any, there will be on schools, the Service is soliciting comments 
specifically related to this issue. Schools are requested to comment on 
what they believe will be the cost to bring their existing equipment 
and systems into compliance with SEVIS and or any increases or 
decreases necessary for staff.

Will a School Need To Be Recertified Prior To Enrolling in SEVIS?

    In order to maintain the integrity of the data that is initially 
being entered into SEVIS, all schools will need to be recertified by 
the Service. The Service will be publishing a separate notice in the 
Federal Register to allow schools that meet a specific criteria to be 
eligible for preliminary enrollment in SEVIS. In addition, the Service 
will promulgate a separate rule that will require each school 
authorized to accept F-1 or M-1 students who did not apply for or 
qualify for preliminary enrollment to be reviewed and re-approved. Such 
preliminary enrollment or re-approval must be completed before a school 
will be granted authorization to use SEVIS.

How Does a School or Exchange Program That Is Not Currently Approved by 
the Service or by the Department of State Enroll in SEVIS?

    This rule proposes a process by which a school may use SEVIS to 
maintain its authorization for attendance at that school by F-1 and M-1 
nonimmigrant students. To gain access to SEVIS, the school must first 
contact the SEVIS system administrator to receive a temporary User ID 
and password by logging onto the SEVIS Web site. The temporary ID and 
password will be valid for 30 days from issuance by the system 
administrator.
    After receiving the temporary ID and password, the school will 
complete the Form I-17 petition in SEVIS and print it for submission by 
mail to the appropriate Service office with supporting documentation. 
Upon making a decision, the Service will update SEVIS to show the 
status of the application as approved or denied and an email 
notification will be sent to the school. Every school using SEVIS must 
immediately update SEVIS to reflect any material modification to its 
name, address or curriculum for a determination of continued 
eligibility for approval.
    As stated earlier, the Service will be promulgating a separate rule 
to implement the recertification process that a school needs to 
complete prior to being given authorization to use SEVIS. With these 
future rulemakings it is the Service's intention to move toward a 
paperless process for institutions to submit petitions for approval to 
the Service. In drafting these subsequent rules, the Service will 
consider streamlined electronic processes in use at other agencies. 
Where possible, the Service will make efforts to share information 
electronically with the Department of Education to refine the approval 
criteria and supporting documentation to allow for this paperless 
submission process.
    The Department of State's separate rule will describe the process 
for exchange visitor programs to enroll in SEVIS.

When a School or Exchange Program Enrolls in SEVIS Prior to the Final 
SEVIS Implementation Date, Must All Current Students or Exchange Aliens 
Be Enrolled Into SEVIS at That Time?

    This rule proposes that schools that enroll in SEVIS prior to the 
final SEVIS compliance date may utilize SEVIS initially only for newly-
enrolled students; they will not be required to enter all data for 
their current students into the SEVIS system at the same time, but may 
do so. However, if a current student needs a new Form I-20, the school 
must enter the student into SEVIS at that time in order to issue a 
SEVIS Form I-20 to the alien. The current student is entered into SEVIS 
as a ``continuing'' student to transition from a paper to a SEVIS 
record and is thereafter under SEVIS processes. Such a ``continuing'' 
indicator will eventually be deactivated in SEVIS since all students 
will be included in SEVIS within the next academic cycle after the 
compliance date and there will not be any non-SEVIS students that would 
require a ``continuing'' functionality for the DSO to convert. 
Moreover, once a school is utilizing SEVIS, the school will be required 
to report the enrollment of any F-1 or M-1 nonimmigrant every semester, 
term or session thereafter. In addition, the school will be required to 
report, in SEVIS, the current students that fail to enroll, maintain 
status, or complete his or her program.
    The substantive regulations governing the approval of exchange 
visitor programs and the granting of J nonimmigrant visas are 
promulgated by the Department of State, and will be addressed in a 
separate rule. Accordingly, much of the following discussion in this 
preamble focuses specifically on the F and M nonimmigrants who are 
subject to the Service's authority, and the Service-approved schools 
authorized to enroll them.

II. Issues Relating to F and M Nonimmigrants

What Does 8 CFR 214.3 Currently Require a School to Report?

    Section 214.3(g) requires that the school maintain records of the 
student's name, date and place of birth, country of citizenship, 
address, status, date of commencement of studies, degree program and 
field of study, practical training, termination date and reason, 
documents related to the student's admission, the number of credits 
completed per semester, and a photocopy of the student's Form I-20. A 
school is responsible for maintaining this information on every student 
to whom it has issued a Form I-20 while the student is attending the 
school and until the Designated School Official (DSO) notifies the 
Service that the student is no longer attending the school. Schools are 
also required to furnish the information to the Service upon request. 
Under the current process, a DSO is only required to notify the Service 
if a student is no longer attending the school when the Service sends a 
list of all F-1 and M-1 students who, according to Service records, and 
attending the school.
    SEVIS, as implemented by this rule, will alleviate some of the 
problems faced by the DSO by facilitating the process of notifying the 
Service of a change in information in a timely way. It will also assist 
the Service by providing access to current data. All of the information 
that the DSO is currently required to maintain will still be required. 
However, the information will now also reside in SEVIS rather than at 
each individual school.
    The maintenance of the information in SEVIS begins with the 
creation of the student's SEVIS Form I-20. Any subsequent updates to 
the SEVIS Form I-20, or other changes of information pertaining to the 
student, will also be captured in SEVIS. This will reduce the DSO's 
workload and the need for a Service officer to contact the school for 
access to these records.

What Are the New Reporting Requirements for Schools?

    The Service has incorporated the requirements of Section 641 of 
IIRIRA, which mandates collecting the current address and current 
academic status of the student, as well as any disciplinary action 
taken by the school against the student as a result of the student 
being convicted of a crime. Schools will use

[[Page 34865]]

SEVIS for issuance of SEVIS Form I-20, and tracking extensions, 
transfers, authorized employment, and reduced course loads. In 
addition, schools will not be specifically required to update the 
Service through SEVIS of the occurrence of the following events:
     A student's enrollment at the school;
     The start date of the student's next term or session;
     A student's failure to enroll;
     A student dropping below a full course of study without 
prior authorization by the DSO;
     Any other failure to maintain status or complete the 
program;
     A change of the student's or dependent's legal name or 
address;
     Any disciplinary action taken by the school against the 
student as a result of the student being convicted of a crime; and
     A student's graduation prior to the program end date 
listed on the Form I-20.
    Additionally, within 21 days of a change in the name, address, or 
curriculum of a school, this rule requires that a DSO update SEVIS with 
the current information. In certain instances SEVIS will send a 
``tickler'' to a DSO when a student's record has not received any 
action for an extended length of time. When a DSO receives such a 
notification request by SEVIS with regard to the current status of the 
student, the DSO must review the student's record and update SEVIS to 
indicate that the student is enrolled or take other appropriate action.
    The Service also notes that legislation currently pending before 
the Congress, section 501 of H.R. 1885 (as passed by the House of 
Representatives on March 12, 2002), would impose a requirement for 
schools and exchange visitor programs to report additional items of 
information with respect to students and exchange aliens, namely:
     Within a thirty-day period, the failure of the student or 
exchange visitor to enroll or commence participation;
     Date of entry and port-of-entry;
     The date of the alien's enrollment in an approved 
institution or exchange program;
     Degree program and field of study; and
     The date of the termination of enrollment and the reason 
for termination.
    Although not identical, all of these data elements are reflected in 
the current SEVIS requirements. If this legislation is enacted, the 
Service will review it to determine what, if any new statutory 
reporting requirements are created. If necessary, the Service will 
impose any such additional requirements after this proposed rule is 
published by incorporating those statutory requirements (without 
further rulemaking notice) into any interim or final rule implementing 
SEVIS.

What Changes Would This Rule Make With Respect to Designated School 
Officials?

    Currently, 8 CFR 214.3 allows a school (or each campus of the 
school) to have up to five Designated School Officials. This rule 
proposes to create a new category of Designated School Official, the 
Principal Designated School Official (PDSO), and a new support 
position, the Administrative School Official (ASO). Each school may 
have five DSOs, one of which is the PDSO, and up to five ASOs. In a 
multi-campus school, each campus may have up to five designated 
officials at any one time, one of which is the PDSO, and up to five 
ASOs. In an elementary or secondary school system, however, the entire 
school system is limited to five designated officials at any one time, 
one of which is the PDSO, and up to five ASOs.
    Another alternative that the Service is considering is to correlate 
the number of DSOs allowed to the size of the school's F-1 and M-1 
student population. Comment is invited on the general feasibility of 
such an approach, particularly with respect to the proportion of DSOs 
to international students currently existing and the proportion that 
would be optimal for schools.
    In SEVIS, the PDSO will be the contact person for the original 
submission of the Form I-17. The PDSO will also be the responsible 
party for any updates to the PDSO, DSO or ASO information. In all other 
respects, the PDSO will have the same responsibilities as the other 
DSOs.
    The functions of the ASO will be limited to clerical duties and 
data entry. The ASO may not sign or issue either a current or SEVIS 
Form I-20, authorize curricular practical training, or provide any 
update to SEVIS. The access of the ASO will be limited in SEVIS to 
purely data entry of SEVIS Form I-20 information which must then be 
reviewed and submitted to SEVIS by a PDSO or DSO.
    This rule also proposes a new requirement that any DSO, including 
the PDSO, must be a United States citizen or Lawful Permanent Resident 
(LPR) of the United States.
    This rule proposes to require that an approved school update SEVIS 
for any changes in PDSO, DSO or ASO within 21 days of such change. The 
update of the new official must include the name and title of the new 
official, as well as the official's certification of compliance with 
the regulations. This update can be made only by the PDSO.
    This rule also proposes to clarify that, as part of the Service's 
authority over a school's ability to enroll foreign students, the 
Service has authority to reject the submission of a particular 
individual as a DSO, PDSO, or ASO as well as to withdraw an 
individual's designation as a DSO, PDSO, or ASO. Examples of when the 
Service would exercise this authority include situations in which a DSO 
is not a U.S. citizen or LPR, or in which a PDSO, DSO or ASO is not 
complying with the relevant regulations and program requirements as 
attested to on Form I-17A, Designated School Officials.
    Finally, although the Service is not making a specific proposal at 
this time, the Service is seeking public suggestions and input on how a 
program for educating and certifying DSOs might be structured, and 
whether such certification should be a requirement for all PDSOs, DSOs, 
and/or ASOs. DSOs are the link between the Service and the nonimmigrant 
student population for which the Service is responsible. It is not 
practical or feasible for the Service to have a presence at all 
schools. These factors, along with the Service's desire to preserve the 
integrity of data submitted through the SEVIS system, have highlighted 
the need for a process that can certify DSOs.

Will the Form I-20 Continue To Be Used?

    This proposed rule discusses the differences in the Form I-20ID, 
Form I-20A-B, and Form I-20M-N that are currently in use and the Form 
I-20 that will be issued by SEVIS. The current Form I-20 has two 
copies, one for the student, and one for the school. Currently, the 
entire Form I-20A-B/I-20ID or Form I-20M-N/I-20ID is referred to as the 
Form I-20A-B or Form I-20M-N, and the student copy is referred to as 
the Form I-20ID.
    The SEVIS Form I-20 will eliminate the need for the school copy, as 
the information will be retained in SEVIS and easily accessible by the 
school or by the Service for updating and record keeping purposes. The 
student will retain his or her copy in the same manner as the process 
currently in use for travel and employment purposes. The SEVIS Form I-
20 will also maintain the distinction between the Form I-20A-B that is 
issued to F-1 students and the Form I-20M-N that is issued to M-1 
students. The SEVIS Form I-20 can be further identified by the word 
SEVIS

[[Page 34866]]

located in the upper right hand corner of the document and by a two-
dimensional barcode on the right hand side of the document.

What Is the SEVIS ID Number?

    Each SEVIS Form I-20 that is issued by a school to a student will 
contain a system-generated identification number. This number is 
referred to as the SEVIS ID number. The SEVIS ID number will remain the 
same as long as the student maintains his or her valid, original 
nonimmigrant status. This number will remain the same regardless of any 
changes or updates made by the DSO to the student's record.
    When a student is inspected for admission, he or she will show the 
SEVIS Form I-20 to the inspecting officer. Once SEVIS is fully 
operational, the inspecting officer will record the number for 
transition to SEVIS. The inspector will then return the student's copy 
to the student with the appropriate entry stamp. The officer will have 
not to forward a copy on to the Service's data processing center for 
data entry, as the information will already be transmitted to SEVIS.

How Will SEVIS Track the Issuance of Multiple Forms I-20 and Deter 
Misuse of Form I-20?

    SEVIS will decrease the potential for the fraudulent misuse of the 
SEVIS Form I-20. Prior to issuance of a student visa to a prospective 
student, it is not uncommon for an alien to have been accepted at more 
than one school, and therefore to have been issued a Form I-20 from 
each of those schools offering acceptance. However, a student can 
obtain an F-1 or M-1 student visa, and be admitted to the United 
States, under only one Form I-20. The alien must present one Form I-20 
to the consular officer, reflecting the student's decision as to which 
school to attend.
    To help avoid the risk of having the remaining Forms I-20 fall into 
the hands of someone who might use them fraudulently, SEVIS will be 
able to track the issuance of multiple SEVIS Forms I-20 based upon 
numerous data elements in order to link the multiple forms to the same 
individual. SEVIS will then cancel the other SEVIS Forms I-20 issued by 
other schools with respect to the same individual once the student uses 
one of the forms to obtain student status.
    As an additional deterrent to misuse, once a Form I-20 is used to a 
prospective student for initial eligibility, the DSO may not modify the 
Form I-20 until the DSO updates SEVIS to verify that the student's 
registration has been completed. However, a DSO may cancel or terminate 
a Form I-20 at any time. Furthermore, the Form I-20 is issued for a 
specific program start date. SEVIS will automatically terminate any 
Form I-20 that has not been used as the basis for issuance of a student 
visa, or for change of status to F or M status, by the program start 
date.

How Does This Rule Address Distance Education or On-Line Programs?

    While on-line and distance education programs can be highly 
innovative means to augment or even conduct an educational program, the 
entry of a foreign student into the United States becomes unnecessary 
if the bulk of the program does not require the student's physical 
presence. Therefore, this rule proposes to limit the enrollment of F-1 
and M-1 students in courses that are on-line or through distance 
education programs and do not require the student's actual presence. 
The rule also provides a definition of on-line courses and distance 
education programs that is similar to the definition provided by the 
Department of Education for telecommunications courses.
    Under proposed Sec. 214.2(f)(6)(i)(F), those students for whom on-
line or distance education credits can be counted toward the obligation 
to maintain a full course of study will be limited to counting one 
class or three credits per semester toward the obligation, provided 
that the class is accepted for credit at the school that the student is 
currently attending. No on-line or distance education classes taken by 
an M-1 student, or by an F-1 student in a language program or 
elementary or secondary school program, can be counted as being part of 
the student's full course of study, given the limited duration or focus 
of those programs.

What Other Changes Are Being Made Regarding a Full Course of Study?

    This rule proposes to limit the amount of time during which an F-1 
or M-1 student who is authorized to drop below a full course of study 
because of illness or medical condition, the current requirement is 
only that the student resume a full course of study when he or she 
recovers. Such an open-ended standard can invite abuse.
    Therefore, this proposed rule allows a DSO to authorize an F-1 
student, who is currently in status, to drop below a full course of 
study only for the periods of time set forth in proposed 
Sec. 214.2(f)(6)(iii) and (M)(6)(vi). Except for students experiencing 
illness or other medical condition, the DSO cannot authorize an F-1 
student to drop below a full course of study for more than one semester 
or term (excluding a summer session). A DSO may not authorize a reduced 
course load for an M-1 student for more than 5 months. In any event, a 
DSO may not authorize a student, other than one experiencing illness or 
other medical condition, to completely withdraw from all classes; the 
student's reduced course load must include at least some classes in 
order for the DSO to grant authorization.
    A student who is unable to resume a full course of study within the 
allowable time period will not be able to continue that status and will 
either have to leave the United States or apply for a change of 
nonimmigrant status to a more appropriate category.

What Are the Reporting Requirements When the DSO Authorizes a Student 
To Drop Below a Full Course of Study?

    This rule will create an interim reporting requirement for non-
SEVIS schools to report to the Service for cases in which the DSO has 
authorized an F-1 or M-1 student to drop below a full course of study. 
Within 21 days of the authorization, the DSO must send to the STSC a 
photocopy of the student's Form I-20 with Form I-538, indicating the 
reason for the drop to STSC. DSOs are further required to report to the 
STSC not more than 21 days after the student has resumed his or her 
full course of study with Form I-20, reflecting the new program 
completion date, if applicable, and Form I-538 certifying that the 
student has resumed a full course of study.
    For schools enrolled in SEVIS, this rule requires the electronic 
updating of SEVIS whenever a student is authorized to drop below a full 
course of study or has resumed a full course of study. A DSO must 
immediately update SEVIS when a student has been authorized to drop 
below a full course of study with the current date, the start date of 
the next term or session, and the reason for the authorization. The DSO 
must also update SEVIS within 21 days of the student's re-commencement 
of a full course of study in accordance with the new registration 
reporting requirement of 8 CFR 214.3(g)(3). If an extension is 
necessary, the DSO must also use SEVIS to update the SEVIS Form I-20 
with the new completion date.

How Are F-1 Student Transfers Handled Using SEVIS?

    This rule makes clear that, prior to issuance of any Form I-20, the 
DSO at the school to which the student is transferring is responsible 
for determining that the student has been maintaining status at his or 
her previous school and is eligible for transfer to the new school. 
This includes cases in which the student graduates from one

[[Page 34867]]

educational level (e.g., bachelors to masters or masters to doctorate) 
at the same school, as well as transfers to a different school.
    The student must notify his or her current school of the intent to 
transfer and indicate the school to which he or she intends to 
transfer. Upon notification by the student, the current school's DSO 
will update the student as a ``transfer out'' to the intended new 
school in SEVIS. The DSO will indicate in SEVIS a release date, which 
would usually be the current semester or session completion date, or 
the date of expected transfer if earlier than the established academic 
cycle. The current school will retain access to and will remain 
responsible for the student in SEVIS until the release date. The 
student must then notify the school to which the student intends to 
transfer of the student's intent to enroll in the transfer school. Upon 
reaching the release date, the new school will be granted full access 
to the student's SEVIS record and may then issue a new SEVIS Form I-20, 
becoming responsible for that student's record. The current school 
conveys authority and responsibility over that student to the new 
school, and will no longer have full SEVIS access to that student's 
record. The new school may not issue a new SEVIS Form I-20 until after 
the release date, thus managing the issuance of multiple SEVIS Form I-
20 within the United States. The student is then required to report his 
or her presence to the new school within 15 days of the program start 
date indicated on SEVIS Form I-20, so that the DSO at the transfer 
school can acknowledge the student's attendance, obtain the student's 
current address, and confirm that the student has completed the 
transfer process. The transfer is effected when the transfer school 
notifies SEVIS, within 30 days, in accordance with 8 CFR 
214.3(g)(3)(iii), that the student has enrolled in classes.

What Are the Changes for M-1 Student Transfer?

    This rule proposes to amend the current regulations in several 
ways:
     An M-1 student must be currently in status in order to 
apply for a transfer;
     The M-1 student must file Form I-539, Application to 
Change/Extend Nonimmigrant Status, with the Service Center having 
jurisdiction over the school he or she is currently authorized to 
attend;
     The date of approval of an M-1 transfer will be determined 
as of the program start date listed on the Form I-20, rather than the 
date of filing the application; and
     An M-1 transfer student will be allowed to enroll in 
classes at the transfer school at the next available term or session.
    This rule proposes a process for the electronic update of SEVIS for 
the transfer of an M-1 student that is generally similar to the process 
for F-1 student transfer. The process differs, however, because the 
Service must approve all M-1 student transfers, based on the 
recommendation of the DSO.
    After the transfer school issues a SEVIS Form I-20 to the student, 
the M-1 student must then submit Form I-539 to the Service Center with 
jurisdiction over the school which the student is currently authorized 
to attend. Upon submission to the Service of the application for 
transfer, the student may enroll in the transfer school at the next 
available term or session, but must notify the transfer school within 
15 days of beginning attendance so that the school can obtain the 
necessary information for its records. The transfer school will then 
update SEVIS to indicate that the student has enrolled in classes in 
accordance with the new reporting requirement.
    Once SEVIS is fully operational and interfaced with INS' CLAIMS 3 
benefit processing system, the Service officer will transmit to SEVIS 
the approval of the transfer and endorse the name of the school to 
which transfer is authorized on the student's SEVIS Form I-20 and 
return it to the student. As a transitional process until that time, 
the student is required to notify the DSO at the transfer school of 
Service's decision within 15 days of the receipt of the adjudication by 
the Service. Upon notification by the student, the DSO must immediately 
update the student's record in SEVIS to reflect the proper decision of 
the Service Center. If approved, the DSO will update SEVIS to indicate 
the approval and print an updated SEVIS Form I-20 for the student 
indicating that the transfer has been completed. If denied, the DSO 
shall terminate the student's status in SEVIS indicating the transfer 
denial as the termination reason.
    Finally, the Service notes that current Sec. 214.2(m)(6), (7), and 
(8) relate to students who converted form F-1 status to M-1 status, 
prior to June 1, 1982, and are therefore no longer applicable to any 
current M-1 student. Accordingly, this rule proposes to remove these 
provisions as well as the reference to the school code suffix in 
Sec. 214.2(m).

What Changes Does This Rule Make With Regard to Practical Training?

    This rule proposes to clarify several issues with regard to 
practical training. First, this rule clarifies that practical training 
is available to F-1 students who were involved in a study abroad 
program during their course of study at an approved school. Although 
part of the alien's study in such a case was conducted outside the 
United States, these students remain enrolled at their school and have 
earned credits toward their degree. The Service believes that the time 
spent abroad, after the student has begun attendance at the school, 
should count towards the 9 consecutive months required to apply for 
practical training under 8 CFR 214.2(f)(10).
    The rule also proposes to amend Sec. 214.2(f)(10) to clarify that 
an F-1 student may be authorized for up to 12 months of practical 
training for each program level that he or she undertakes. For example, 
a student who has engaged in 12 months of practical training during 
study for an undergraduate degree becomes eligible for another 12 
months of practical training when he or she changes to a higher 
educational level, such as a master's degree.
    Curricular practical training. This rule requires that schools 
using SEVIS update SEVIS any time that DSO authorizes a student's 
request for curricular practical training (CPT), that is, a work/study 
program, internship or practicum that is an integral part of an 
established curriculum. The DSO must verify that the student meets the 
eligibility requirements and must also update SEVIS to show whether the 
work is full- or part-time, the start and end date of the employment, 
and the name and location of the employer. The DSO will then print 
SEVIS Form I-20 that indicates that curricular practical training 
authorization has been granted, and sign, date and return the SEVIS 
Form I-20 to the student prior to the student's commencement of 
employment. A student is not eligible to begin work until the DSO has 
updated SEVIS to show that curricular practical training is authorized 
and has printed the SEVIS Form I-20 for the student to provide to the 
employer. Schools using SEVIS will no longer need to send Form I-538 to 
STSC when authorizing an F-1 for curricular practical training.
    Optional practical training. This rule proposes to require a SEVIS 
update for an F-1 student who requests optional practical training, 
that is, temporary employment for practical training directly related 
to the student's major area of study. Unlike curricular practical 
training, which is approved by the DSO, optional practical training is 
approved by the Service, based on the recommendation of the DSO, and 
the student must also file Form I-765,

[[Page 34868]]

Application for Employment Authorization.
    Under this rule, the DSO will recommend the student for optional 
practical training in SEVIS and print the SEVIS Form I-20 with the 
recommendation to be sent to the appropriate Service Center in 
conjunction with a completed Form I-765. A DSO using SEVIS will no 
longer need to submit a copy of Form I-538 to STSC in cases where 
optional practical training is recommended, since the SEVIS update will 
accomplish the necessary notification.
    This rule also proposes to amend the period of time in which an F-1 
may apply for optional practical training. Under the current rules, an 
F-1 student must apply for post-completion optional practical training 
no later than 60 days after completion of their full course of study, 
with the training to be completed within 14 months following completion 
of study. The requirement that the training be completed in a 14-month 
period often is problematic for students who wait to apply for optional 
practical training until close to the end of the 60-day period, since 
they must then wait for receipt of the Form I-766, Employment 
Authorization Document (EAD), before they can begin work. This process 
often results in the student not being able to receive the full 12 
months of training.
    The current rules also provide, in some cases, that an F-1 student 
may receive an extra 60 days of authorized stay in the United States. 
For example, a student can wait to apply for optional practical 
training until the 60th day after completion of studies, and, at the 
end of the training period, the student is entitled to a second period 
of 60 days to prepare to depart the United States. This rule proposes 
to amend Sec. 214.2(f)(10)(ii) to require that F-1 students must apply 
for optional practical training prior to completion of all course 
requirements or completion of studies, thereby allowing only one 60-day 
period for departure. The students have only a limited period of time 
after the program end date in which to complete their training, and 
cannot begin the training until they have received an EAD from the 
Service Center. The student must apply before the program end date to 
ensure that the student will have received his or her EAD in time to 
commence optional practical training immediately after completion of 
study. This requirement will ensure that the students can continue to 
pursue the purpose for which they were admitted, without a gap, for the 
entire amount of time for which they are eligible.
    Similarly, this rule will require that an M-1 student must apply 
for practical training prior to the completion date of his or her 
program. However, the request cannot be made more than 90 days prior to 
the program completion date shown on the Form I-20.
    Finally, this rule provides that authorization to engage in 
practical training is terminated when the student changes to another 
educational level. The current regulations provide for automatic 
termination of such authorization for an F-1 or M-1 student only when 
the student transfers schools.

What Change Does This Rule Make With Respect to Internships With 
International Organizations?

    This rule proposes to amend Sec. 214.2(f)(9)(iii) to specify that 
an F-1 student who has been offered employment by a recognized 
international organization submit must apply for employment 
authorization to the Service Center having jurisdiction over his or her 
place of residence, rather than applying in person at a local Service 
office. Also, to make this provision consistent with the other 
practical training processes, the requirement for DSO endorsement of 
the Form I-20 ID within the last 30 days is being removed.
    This rule also deletes obsolete references in Sec. 214.2(f)(9)(ii) 
for filing a wage-and-labor attestation with the Department of Labor 
for off-campus employment, since the pilot program sunset on September 
30, 1996. Under the current rules, F-1 students seeking off-campus 
employment (other than an internship with an international organization 
as discussed above) must satisfy the requirements for demonstrating 
severe economic hardship caused by unforeseen circumstsances beyond the 
student's control.

What Changes Does This Rule Make With Respect To Extension of Student 
Status?

    This proposed rule amends the existing regulations to state 
explicitly the requirement that an F-1 or M-1 student must currently be 
in lawful status at an approved school in order to apply for an 
extension of status. A student who is no longer in current status--for 
example, a student who has dropped out of the school during a current 
term without authorization, or who remains in the United States after 
completion of his or her educational program--would not be eligible for 
an extension of status (although, in some limited circumstances, the 
student may be eligible for reinstatemennt of status, as discussed 
below).
    Implementation of SEVIS. Under current procedures, to apply for an 
extension, an F-1 student must obtain a new Form I-20 from the 
authorized school and submit Form I-538 for certification by the DSO. 
The DSO must then submit Form I-538 to STSC. If the extension is 
accomplished by the student's reentry into the United States, the DSO 
does not need to send Form I-538 to STSC as the inspector will submit 
the Form I-20 to STSC when the student enters the country.
    Under SEVIS, the DSO will update SEVIS any time the DSO grants an 
extension for an F-1 nonimmigrant, and will then enter the new program 
end date. The DSO will then print the new SEVIS Form I-20 for the F-1 
nonimmigrant reflecting the new program end date. SEVIS will eliminate 
the need for the DSO to submit Form I-538 to STSC.
    Unlike extensions of status for F-1 students of status for M-1 
students are adjudicated by the Service based on the recommendation of 
the DSO. This rule also provides for the electronic updating of SEVIS 
in the event of an M-1 program extension request and requires the DSO 
to update SEVIS to recommend that a student be approved for extensions. 
The SEVIS Form I-20 must be printed with the recommendation and new 
program end date for submission by mail to the Service Center, with 
Forms I-94 and I-539. Once the Service grants an extension the DSO will 
print out a new Form I-20 for the student.
    Other changes with respect to F-1 students. This rule also proposes 
several changes to the rules for extension of status for F-1 students.
    First, the rule would eliminate the existing limitation that the 
student must file for an extension of status during the 30-day period 
prior to the program end date. Instead, an F-1 student would be allowed 
to apply for a program extension at any point prior to the program end 
date listed on the Form I-20.
    Second, this rule would eliminate the provision in 
Sec. 214.2(f)(7)(ii) which allows a DSO to add up to a one-year grace 
period in addition to the period of time the DSO estimates will be 
needed for each F-1 student to complete his or her program of study. 
Instead, the DSO will issue a Form I-20 to each F-1 student for the 
period of time reasonably necessary to complete the particular program 
of study. If additional time is needed, then the DSO will be able to 
authorize an extension of status through the regular process, which 
does not

[[Page 34869]]

require any adjudication by the Service. This regulatory change is 
particularly appropriate with the use of SEVIS, which will reduce the 
paperwork burdens on DSOs at the time they authorize extensions of 
status.
    Third, the rule will make clear that an F-1 student attending a 
public high school cannot apply for an extension with his or her DSO 
for continued attendance at his or her current school or to transfer to 
another public high school. Section 214(m) of the Act prohibits an F-1 
student from attending a public high school for more than 12 months in 
the aggregate, and requires that the alien, prior to being issued the 
F-1 visa, demonstrate that he or she has reimbursed the local school 
district for the full, unsubsidized per capita cost of providing the 
education for the period of the alien's attendance. Because of the 
statutory limitation, an F-1 student at a public high school can only 
be admitted for an aggregate of 12 months of study and is not admitted 
for duration of status, as is the case for other F-1 students.
    Fourth, the rule provides that such a public high school student is 
eligible to apply to the Service for an extension of status if he or 
she is accepted for attendance at a private high school or at a post-
secondary school. The student must use Form I-539 and apply to the 
Service Center with jurisdiction over the school the student is 
currently attending.
    Other changes with respect to M-1 students. The rule proposes to 
add the requirement that an M-1 student show a compelling academic or 
medical reason which resulted in a delay to his or her course of study 
in order to be eligible for extension of status. Additionally, the rule 
will propose to amend the language of the current regulations to 
indicate that an M-1 student requesting an extension should file a Form 
I-539 at the Service Center with jurisdiction over the school the 
student is currently attending.
    Finally, the Service proposes to place a limit on the extensions 
that may be granted to an M-1 student. There is currently no limit on 
the number of extensions for which an M-1 is eligible, nor a limit on 
the cumulative amount of time that can be granted under extensions.
    This rule proposes to limit the cumulative time that extensions can 
be granted to an M-1 student to a period of 3 years from the Social 
Security student's original start date, plus 30 days. Thus, no 
extension could be granted to an M-1 student if he or she is unable to 
complete the course of study within 3 years of the original program 
start date, plus 30 days. This limit includes extensions that have been 
granted due to a drop below full course of study, a transfer of 
schools, or reinstatement.

What Are the Changes to Eligibility for Reinstatement of Student 
Status?

    Under the current rules, Sec. 214.2(f)(15) and (m)(16), upon 
demonstrating eligibility for attendance at an approved school, and F-1 
or M-1 student who is out of status may apply to the Service for 
reinstatement, with no specified limit on the length of time the 
student has remained in the United States out of status. A student can 
lose current student status in several ways, for example, by remaining 
in the United States beyond the authorized period after completion of 
his or her course of study, engaging in employment without 
authorization, or dropping out of school.
    It is important that nonimmigrant students in the United States 
remain cognizant of their obligations to maintain their status. Past 
rules, designed to maintain flexibility for the academic community and 
to make allowance for the youth of some of the individuals in question, 
appear to have resulted in an atmosphere that could have led some to 
believe that they could violate their status with impunity. In fact, 
such violations can and do have serious consequences.
    Accordingly, this rule proposes to amend the regulations to provide 
that an F-1 or M-1 student will not be eligible to apply for 
reinstatement unless he or she applies for reinstatement within five 
months of being out of status.
    Moreover, the rule also proposes to limit the circumstances under 
which reinstatement is available. Unless the violation of status 
relates to a reduction in the student's course load that would have 
been within a DSO's power to authorize, and the student can demonstrate 
that failure to receive reinstatement would result in extreme hardship, 
the student must establish that the need for reinstatement resulted 
from circumstances beyond the student's control. Such circumstances may 
include circumstances such as serious injury or illness, closure of the 
institution, or a natural disaster. Circumstances beyond the student's 
control would NOT include cases where inadvertence, oversight, neglect, 
or a willful failure on the part of the student or the DSO resulted in 
the need for reinstatement.
    The Service has drawn the general timeframe from Sec. 214.2(f)(4), 
which allows an F-1 student who has been temporarily absent from the 
United States for no more than five months to be readmitted in F-1 
status to continue his or her course of study. Of course, the situation 
of an alien who has violated his or her student status and remains in 
the United States is not the same as a student in lawful F-1 status who 
is temporarily absent from the United States. On the other hand, the 
Service recognizes that there may be reasons why a student may violate 
nonimmigrant student status without necessarily abandoning his or her 
educational plans.
    Reinstatement of student status is distinct from processes for a 
current student to transfer from one school to another, or for an F-1 
student to temporarily maintain a reduced course load, while remaining 
in status. Since transfers or reduced course loads will only be 
available for students who obtain approval from their school's DSO, the 
reinstatement rule will cover those students who have recently lost 
their student status but desire to continue their education (either at 
their prior school or another school) in the immediate future.
    An F-1 or M-1 student who is ineligible for reinstatement cannot 
remain in the United States unless he or she has some other lawful 
immigration status. Such an alien would be free, if eligible to do so, 
to apply for a new nonimmigrant student visa at a consular office 
abroad to resume his or her studies in the United States. The Service 
wishes to emphasize the importance of complying with academic 
requirements and wishes to emphasize that reasons for reinstatement 
will be closely scrutinized. Reinstatement is intended to be a rare 
benefit for exceptional cases and is not intended to remedy situations 
within the student's control.
    In the case of a student seeking reinstatement at a SEVIS school, 
the school that the student most recently attended will update the 
student's record in SEVIS and print out a new SEVIS Form I-20 which 
indicates that the student is requesting to be reinstated. The student 
should then submit the new SEVIS Form I-20 and Form I-539, by mail, to 
the district director. Once the request has been adjudicated, the 
student will receive his or her SEVIS Form I-20 with the decision of 
the district director. The district office will also update SEVIS to 
indicate the decision on the request for reinstatement. SEVIS will 
provide notification to the school of the reinstatement decision.
    This rule also makes technical corrections in the regulations 
governing F-1 and M-1 reinstatement to reflect the redesignation of 
section 241 of the Act as section 237 of the Act.

[[Page 34870]]

What Other Provisions of IIRIRA Have Been Incorporated Into This Rule?

    Section 214(m) of the Act, as amended by sections 625 and 107(e)(2) 
of IIRIRA, Public Law 106-386, Div. C (Sept. 30, 1996), states that a 
nonimmigrant may not be accorded status as an F-1 student to pursue a 
course of study at a public elementary school or a publicly funded 
adult education program.
    Accordingly, 8 CFR 214.3 is proposed to be amended to clarify that 
in no case will a public elementary school, a publicly funded adult 
education program, or a home school be approved for attendance by a 
nonimmigrant student. The proposed rule would also amend 8 CFR 
214.2(f)(6) to make clear that an alien may not be admitted as an F-1 
student to enroll in a course of study at a school or program that is 
not approved by the Service as provided in Sec. 214.3.
    Section 214(m) of the Act does not define ``a publicly funded adult 
education program.'' The proposed rule adopts a definition based on 
section 203(f) of the Adult Education and Family Literacy Act, Public 
Law 105-220, 20 U.S.C. 9202(l) Section 203(l) of Public Law 105-200 
defines an adult education program as:
    ``services or instruction below the postsecondary level for 
individuals--
    ``(A) who have attained 16 years of age;
    ``(B) who are not enrolled or required to be enrolled in secondary 
school under State law; and
    ``(C) who--
    ``(i) lack sufficient mastery of basic educational skills to enable 
the individuals to function effectively in society;
    ``(ii) do not have a secondary school diploma or its recognized 
equivalent, and have not achieved an equivalent level of education; or
    ``(iii) are unable to speak, read, or write the English language.''
    Under the proposed rule, an F-1 nonimmigrant may not enroll in such 
a program if the program is funded in whole or in part by a grant under 
the Adult Education and Family Literacy Act, or by any other Federal, 
State, county or municipal funding.

Why Will the Service Remove the $70 Fee Associated With the Form I-538?

    This rule proposes to remove the fee for the Form I-538, 
Certification by Designated School Official, from 8 CFR 103.7(b)(1). 
the Form I-538 is currently used by DSOs to notify the Service of 
updates to the student's record in the case of approved curricular 
practical training or extensions for F-1 students. The Form I-538 is 
also used in conjunction with applications for Form I-765, Employment 
Authorization Document (EAD). As the form is used simply for the 
purpose of certification by the DSO as to the current record of the 
student, a fee should not be required to accompany the form. Form I-538 
will continue to be used until all schools enrolling foreign students 
are enrolled in SEVIS.

III. Issues Relating to All F-1, J-1 and M-1 Nonimmigrants

What Are the Requirements for Reporting Changes of Address by F-1 and 
M-1 Students and J-1 Exchange Aliens?

    IIRIRA mandates collection of the current name and address of the 
students in the United States. Moreover, section 265(a) of the Act 
requires that all aliens who are subject to registration requirements 
(including all students and exchange aliens and their dependents who 
remain in the United States for 30 days or more) are required to 
provide a current name and address to the Attorney General within 10 
days. The obligation to notify the Service of each change of address 
applies to all F, M or J nonimmigrants (indeed, all nonimmigrants other 
than those in A or G status) who remain in the United States for more 
than 30 days, regardless of whether their continue stay is pursuant to 
their initial admission or as a result of change or extension of 
status.
    Although the change of address requirements are already set forth 
in 8 CFR 265.1, the Service is amending the rules relating to F, J, and 
M nonimmigrants regarding the relationship with SEVIS. This rule 
requires that each student must inform the Service and the DSO of any 
legal changes to his or her name or of any change of address, within 10 
days of the change. The address provided by the student or dependent 
must be the actual physical location where the student or dependent 
resides. In no case may the address of the DSO at the school be used as 
the address of the student. Similar rules are provided for exchange 
alien to provide notice to the Service and the responsible officer at 
the exchange visitor program.
    A student enrolled at a SEVIS school will satisfy the requirement 
of section 265(a) of the Act by providing a notice of a change of 
address within 10 days to the DSO. As with other changes the DSO is 
required to report under Sec. 214.3(g)(3), the DSO must then update 
SEVIS to reflect the change in the student's or dependent's address 
within 21 days of notification by the student. For schools enrolled in 
SEVIS, the students will not need to provide a separate notice of 
change of address to the Service. Similarly, a J-1 exchange alien can 
satisfy the legal requirements by providing a change of address within 
10 days to the responsible officer at an exchange visitor program that 
is enrolled in SEVIS.
    An F, M, or J nonimmigrant enrolled at a non-SEVIS institution must 
submit Form AR-11, Alien's Change of Address Card, to the Service 
within 10 days of the change. Moreover, any nonimmigrant student or 
exchange alien, or a dependent, who fails to report a change of address 
within 10 days to the DSO or to the responsible officer, in the case of 
a J-1 nonimmigrant, is obligated to file Form AR-11 with the Service 
within 10 days.

What Are the Limits on Advance Admission of F, J or M Nonimmigrants 
Prior to the Beginning of Their Attendance at an Approved School or 
Exchange Visitor Program?

    The present Service regulations, Sec. 214.2(f)(3) and (m)(3), 
suggest that an F-1 or M-1 student with a valid Form I-20, and his or 
her F-2 or M-2 dependents, may be admitted to the United States up to 
60 days prior to the beginning of the course of study, as noted on the 
Form I-20. The rules governing J nonimmigrants do not specify a maximum 
period of advance admission.
    The Service believes that a long period of admission, prior to the 
beginning of the approved course of studies or program for an F, J, or 
M nonimmigrant, and his or her dependents, is not consistent with the 
national interest, is not necessary to meet the needs of such aliens in 
coming to the United States, and is subject to abuse. However, some 
advance period is necessary so that the student or exchange alien has 
time to find a place to live and prepare for the studies or program 
ahead. Accordingly, this rule proposes to limit the period of advance 
admission to an ``advance grace period'' of 30 days.

When Are ``Grace Periods'' Available to F-1, M-1, and J-1 Nonimmigrants 
at the Conclusion of Their Course of Studies?

    This rule will clarify that an F-1 student's duration of status 
only includes an additional 60 days to depart the country when the F-1 
student has completed his or her course of study or after completion of 
authorized practical training after completion of studies. The 60-day 
``grace period'' does not apply to an F-1 student who does not complete

[[Page 34871]]

his or her program, who fails to maintain a full course of study, or 
who falls out of status for any other reason.
    Similarly, the authorization for an M-1 or a J-1 to remain in the 
United States only includes an additional 30 days to depart the country 
when the M-1 or J-1 student has successfully completed his or her 
course of study or authorized practical training following completion 
of studies. The 30-day ``grace period'' does not apply to an M-1 
student or J-1 exchange alien who does not complete his or her program, 
who fails to maintain a full course of study, or who falls out of 
status for any other reason.
    Note that allowing a 60-day grace period for F-1 students, but only 
30 days for M-1 students, is consistent with the current regulations at 
8 CFR 214.2(f)(5)(i) and 214.2(m)(5). Allowing a longer grace period 
for F-1 students recognizes the fact that, in most cases, F-1 students 
remain in the United States longer than most M-1 students. A longer 
sojourn makes it reasonable to assume that F-1 students, generally, 
would need a longer period at the conclusion of their program to wind 
up their affairs and leave the United States in an orderly manner.

What Continuing Obligations do all F, M, and J Nonimmigrants Have 
During the Time They Remain in the United States?

    The Service notes that an existing law, section 222(g) of the Act, 
provides for the automatic voidance of a nonimmigrant visa at the 
conclusion of an authorized period of stay if the alien remains in the 
United States longer than the period of authorized admission. All F, J 
and M nonimmigrants should be aware of this provision of the law and 
are responsible for remaining in lawful nonimmigrant status while 
within the United States.
    Any nonimmigrant admitted to the United States bears the burden of 
maintaining legal status during the period of admission that has been 
granted by the inspecting Service officer. The Service cannot emphasize 
enough the importance of maintaining lawful status while in the United 
States. See section 212(a)(9)(B) of the Act for more information on the 
important and far-reaching implications of unlawful presence and the 
impact that unlawful presence may have on an alien's future ability to 
reapply for a nonimmigrant visa, for admission to the United States, or 
for adjustment of status to that of a lawful permanent resident.

IV. Issues Relating to F-2, J-2 and M-2 Dependents

How Will Information Regarding Dependents Be Included in SEVIS?

    Under SEVIS, the DSO will enter all required dependent information 
in a record that is linked to the principal alien's. A dependent record 
can be created at the same time that the principal record is initially 
created, or as an update to an active principal's record.
    Each dependent of an F-1 or M-1 nonimmigrant will receive his or 
her own SEVIS Form I-20, with a unique identification number, that 
specifies that they are a dependent. The information on the SEVIS Form 
I-20 relating to the dependent will be: the first and last name of the 
dependent, date and country of birth, and relationship to the student. 
The dependent SEVIS Form I-20 will also contain all of the information 
contained on the principal's SEVIS Form I-20 with the exception of the 
principal's unique SEVIS identification number. Additional information 
that will also be collected in SEVIS as part of the dependent record 
includes: the dependent's country of citizenship, gender and physical 
address, since this information can differ from the principal's. All 
active dependent records can be updated by the DSO to reflect changes 
in address or other dependent information.

Are There new Restrictions on the F-2 Spouse or Child?

    Currently, there is no restriction on the classes or course of 
study that can be undertaken by the F-2 spouse and child. As such, an 
F-2 alien can take a full course of study at any school without the 
school having to meet any of the reporting requirements that are 
required for an F-1 nonimmigrant.
    This rule proposes to prohibit full-time study by F-2 and M-2 
spouses and to restrict such study by F-2 and M-2 children. The 
restriction is necessary to prevent an alien who should be properly 
classified as an F-1 student, and so subject to IIRIRA section 641 and 
other F-1 laws and regulations, from coming to the United States as an 
F-2 and, yet, attending school full time.
    Under the proposed rule, an F-2 or M-2 spouse or child can enroll 
in avocational or recreational courses. If an F-2 or M-2 spouse, 
however, wants to enroll in a full course of study, the proposed rule 
would require the spouse to apply for and obtain a change of his or her 
nonimmigrant classification to that of an F-1, J-1, or M-1. Which 
classification is appropriate will depend upon the program the alien 
seeks to enroll in.
    A similar rule would apply to F-2 or M-2 children. As noted, 
however, section 214(m) of the Act prohibits the enrollment of F-1 
students in public elementary schools, and sets strict requirements on 
the enrollment of an F-1 student in a public high school.
    The Service notes that section 101(a)(15)(f)(ii) of the Act permits 
an F-1 student to bring his or her children to the United States, and 
education is one of the chief tasks of childhood. It would be 
unreasonable to assume that Congress would intend that a bona fide F-1 
student could bring his or her children to the United States, but not 
be able to provide for their education. Section 214(m) of the Act, 
moreover, only applies to F-1 status, and does not preclude an F-2 
nonimmigrant's enrollment.
    The proposed rule will, for this reason, allow the F-2 and M-2 
child to be enrolled full-time in an elementary or secondary school 
(kindergarten through twelfth grade). An F-2 or M-2 child who wants to 
enroll in a full course of study, other than an elementary or secondary 
school, must change status to that of an F-1, J-1, or M-1 nonimmigrant, 
as appropriate based upon the child's educational program.
Regulatory Flexibility Act
    The Commissioner, in accordance with the Regulatory Flexibility Act 
(5 U.S.C. 605(b)), has reviewed this regulation and, by approving it, 
certifies that this rule will not have a significant economic impact on 
a substantial number of small entities. Although some schools may be 
considered small entities, the use of SEVIS as a means for record 
keeping and reporting will streamline the processes currently in 
existence.
    SEVIS uses technology already in place at most schools, and has 
been designed for use over the INTERNET. Institutions need only have 
access to a web-browser to gain access to the INTERNET and will not 
require any software to download. The Service will not charge a 
subscriber or user fee in order to use SEVIS. However, while there is 
no charge for access to SEVIS, there might be undetermined, individual, 
organizational costs to upgrade vendor software or campus information 
technology systems to use the batch-method interface with SEVIS.
    The Service has taken this cost into account and has developed 
SEVIS to utilize common standards. As discussed above in the 
supplementary information, schools using SEVIS will no longer have to 
print out, file, and

[[Page 34872]]

mail as many paper forms. Indeed, there should be little to no 
additional cost for schools that do not choose to use the optional 
batch processing capability. In fact, these schools may experience some 
savings as a result of the efficiencies that SEVIS will provide. 
Moreover, while the initial monetary impact on schools that choose to 
use batch capability may be greater, those schools might experience 
long-term savings because the automated process of maintaining student 
records for purpose of SEVIS likely would reduce future personnel 
costs. These decisions as to cost/benefit tradeoffs will be up to the 
discretion of each school. Accordingly, this rule will not have a 
significant impact on a number of small entities as that term is 
defined in 5 U.S.C. 601(6).
    The Service, however, welcomes comments related to the monetary 
impact of this electronic reporting process. In particular, schools are 
requested to comment on the costs they will incur to bring their 
existing equipment and systems into compliance with SEVIS and any 
resulting changes in personnel.
Unfunded Mandates Reform Act of 1995
    This rule will not result in the expenditure by State, local, and 
tribal governments, in the aggregate, or by the private sector, or $100 
million or more in any one year, and it will not significantly or 
uniquely effect small governments. Therefore, no actions were deemed 
necessary under the provisions of the Unfunded Mandates Reform Act of 
1995.
Small Business Regulatory Enforcement Fairness Act of 1996
    This rule is not a major rule as defined by section 804 of the 
Small Business Regulatory Enforcement Act of 1996. This rule will not 
result in an annual effect on the economy of $100 million or more; a 
major increase in costs of prices; or significant adverse effects on 
competition, employment, investment, productivity, innovation, or on 
the ability of United States-based companies to compete with foreign-
based companies in domestic and export markets.
Executive Order 12866
    This rule is considered by the Department of Justice, Immigration 
and Naturalization Service, to be a ``significant regulatory action'' 
under Executive Order 12866, section 3(f), Regulatory Planning and 
Review. Accordingly, this regulation has been submitted to the Office 
of Management and Budget (OMB) for review.
Executive Order 13132
    This rule will not have substantial direct effects on the States, 
on the relationship between the National Government and the States, or 
on the distribution of power and responsibilities among the various 
levels of Government. Therefore, in accordance with section 6 of 
Executive Order 13132, it is determined that this rule does not have 
sufficient federalism implications to warrant the preparation of a 
federalism summary impact statement.
Executive Order 12988 Civil Justice Reform
    This rule meets the applicable standards set forth in sections 3(a) 
and 3(b)(2) of Executive Order 12988.
Paperwork Reduction Act
    The information required by this rule is considered an information 
collection and subject to review and clearance under the Paperwork 
Reduction Act procedures. The Service is adding new electronic 
reporting requirements using SEVIS which is a new collection. 
Accordingly, the information collection requirements contained in this 
rule will be submitted to the Office of Management and Budget under the 
Paperwork Reduction Act for review and approval.

List of Subjects

8 CFR Part 103

    Administrative practice and procedure, Authority delegations 
(Government agencies), Freedom of Information, Privacy, Reporting and 
recordkeeping requirements.

8 CFR Part 214

    Administrative practice and procedure, Aliens, Employment, 
Reporting and recordkeeping requirements, Students.

PART 103--POWERS AND DUTIES OF SERVICE OFFICERS: AVAILABILITY OF 
SERVICE RECORDS

    1. The authority citation for part 103 continues to read as 
follows:

    Authority: 5 U.S.C. 552, 552(a); 8 U.S.C. 1101, 1103, 1304, 
1356; 31 U.S.C. 9701; E.O. 12356, 47 FR 14874, 15557; 3 CFR, 1982 
Comp., p. 166; 8 CFR part 2.


Sec. 103.7  [Amended]

    2. Section 103.7(b)(1) is amended by removing the entry for ``Form 
I-538'' from the listing of fees.

PART 214--NONIMMIGRANT CLASSES

    3. The authority citation for part 214 continues to read as 
follows:

    Authority: 8 U.S.C. 1101, 1102, 1103, 1182, 1184, 1187, 1282; 
sec. 643, Pub. L. 104-208, 110 Stat. 3009-708; sect. 141 of the 
Compacts of Free Association with the Federated States of Micronesia 
and the Republic of the Marshall Islands, and with the Government of 
Palau, 48 U.S.C. 1901, note, and 1931 note, respectively; 8 CFR part 
2.

    4. Section 214.2 is amended by:
    a. Removing ``and'' at the end of paragraph (f)(1)(i)(B), and by 
removing the period at the end of paragraph (f)(1)(i)(C) and adding in 
its place ``; and'', and by adding a new paragraph (f)(1)(i)(D);
    b. Adding new paragraphs (f)(1)(iii) and (iv);
    c. Revising the term ``sixty days,'' in paragraph (f)(3) to read 
``30 days,'';
    d. Revising paragraph (f)(5)(i);
    e. Removing and reserving paragraph (f)(5)(iv).
    f. Revising paragraph (f)(6)(i) introductory text and paragraph 
(f)(6)(i)(E);
    g. Adding new paragraphs (f)(6)(i)(G) and (H);
    h. Revising paragraph (f)(6)(iii), and by adding a new paragraph 
(f)(6)(iv);
    i. Revising paragraphs (f)(7) and (f)(8)(ii);
    j. Removing and reserving paragraphs (f)(9)(ii)(B) and (E), and;
    k. Revising paragraphs (f)(9)(ii)(D)(4), (f)(9(ii)(F)(1), and 
(f)(9)(iii);
    l. Revising paragraph (f)(10) introductory text;
    m. Revising the last two sentences of paragraph (f)(10)(i) 
introductory text, and by revising paragraphs (f)(10)(i)(A) and (B);
    n. Revising paragraph (f)(10)(ii)(A) introductory text, and 
paragraph (f)(10)(ii)(A)(1) and (2);
    o. Removing paragraph (f)(10)(ii)(A)(3) and (4);
    p. Revising the heading for paragraph (f)(10)(ii)(B);
    q. Revising the heading for paragraph (f)(10)(ii)(D)
    r. Adding a new paragraph (f)(10)(ii)(E);
    s. Revising paragraph (f)(11)(ii);
    t. Revising paragraphs (f)(15) and (f)(16); and by
    u. Adding a new paragraph (f)(17).
    The additions and revisions read as follows:


Sec. 214.2  Special requirements for admission, extension, and 
maintenance of status.

* * * * *
    (f) * * *
    (1) * * *
    (i) * * *
    (D) In the case of a student who intends to study at a public 
secondary school, the student has demonstrated

[[Page 34873]]

that he or she has reimbursed the local educational agency that 
administers the school for the full, unsubsidized per capita cost of 
providing education at the school for the period of the student's 
attendance.
* * * * *
    (iii) Uses of SEVIS. On January 30, 2003, the use of the Student 
and Exchange Visitor Information System (SEVIS) will become mandatory. 
As of that date, the student must present a Form I-20 issued through 
SEVIS in order to be admitted under this paragraph (f).
    (iv) Disposition of SEVIS Form I-20. SEVIS will generate a Form I-
20. When an F-1 student applies for admission with a complete SEVIS 
Form I-20, the inspecting officer shall transcribe the alien's 
admission number from Form I-94 onto his or her SEVIS Form I-20 (for 
students seeking initial admission only); endorse the SEVIS Form I-20; 
and return the SEVIS Form I-20 to the alien.
* * * * *
    (5) * * *
    (i) General. Duration of status is defined as the time during which 
an F-1 student is pursuing a full course of study at an educational 
school approved by the Service for attendance by foreign students, or 
engaging in authorized practical training following completion of 
studies, except that an F-1 student who is admitted to attend a public 
high school is restricted to an aggregate of twelve months of study at 
any public high school(s). An F-1 student may be admitted for a period 
up to 30 days before the start of the course of study. An F-1 student 
who has completed a course of study will be allowed an additional 60-
day period to prepare for departure from the United States, but an F-1 
student who fails to maintain a full course of study or otherwise fails 
to maintain status is not eligible for this additional 60 days. The 
student is considered to be maintaining status if he or she is making 
normal progress toward completing a course of studies. Duration of 
status also includes the period designated by the Commissioner as 
provided in paragraph (f)(5)(vi) of this section.
* * * * *
    (iv) [Reserved]
* * * * *
    (6) * * *
    (i) General. Successful completion of the full course of study must 
lead to the attainment of a specific educational or professional 
objective. A course of study at an institution not approved for 
attendance by foreign students as provided in Sec. 214.3(a)(3) does not 
satisfy this requirement. A ``full course of study'' means:
* * * * *
    (E) Study in a curriculum at an approved elementary school or 
academic high school which is certified by a designated school official 
to consist of class attendance for not less than the minimum number of 
hours a week prescribed by the school for normal progress toward 
graduation.
* * * * *
    (G) For F-1 students enrolled in classes for credit or classroom 
hours, no more than the equivalent of one class or three credits per 
session, term, semester, trimester, or quarter may be counted if taken 
on-line or through distance education in a course that does not require 
the student's physical attendance for classes, examination or other 
purposes integral to completion of the class. An on-line or distance 
education course is a course that is offered principally through the 
use of television audio, or computer transmission including open 
broadcast, closed circuit, cable, microwave, or satellite, audio 
conferencing or computer conferencing. If the F-1 student's course of 
study is in a language study program, or elementary or secondary 
school, no on-line or distance education classes may be considered to 
count toward classroom hours or credit.
    (H) On-campus employment pursuant to the terms of a scholarship, 
fellowship, or assistantship is deemed to be part of the academic 
program of a student otherwise taking a full course of study.
* * * * *
    (iii) Reduced course load. The designated school official may allow 
an F-1 student to engage in less than a full course of study as 
provided in this paragraph (f)(6)(iii). A reduced course load must 
still consist of some course of study, unless the reduction is for 
reasons of illness or medical condition. A student who drops below a 
full course of study without the prior approval of the DSO will be 
considered out of status.
    (A) Academic difficulties. The DSO may authorize a reduced course 
load on account of a student's initial difficulty with the English 
language or reading requirements, unfamiliarity with American teaching 
methods, or improper course level placement. The student must resume a 
full course of study at the next available term, session, or semester, 
excluding a summer session, in order to maintain student status
    (B) Medical conditions. The DSO may authorize a reduced course load 
due to a student's illness or medical condition. If the student has 
provided medical documentation from a licensed doctor to the DSO to 
substantiate the authorization. The DSO is required to reauthorize the 
drop below full time for each new term, session, or semester. However, 
in no case may the authorization exceed one year. The student must 
resume a full course of study within one year from the date of the 
original authorization in order to maintain student status.
    (C) Completion of course of study. The DOS may authorize a reduced 
course load in the student's final term, semester, or session needed to 
complete the course of study, if the student is not required to take 
additional courses to satisfy the requirements for competition.
    (D) Reporting requirements for non-SEVIS schools. A DSO must report 
to the Service any student who is authorized to reduce his or her 
course load. Within 21 days of the authorization, the DSO must send a 
photocopy of the student's current Form I-20ID along with Form I-538 to 
STSC indicating the date and reason that the student was authorized to 
drop below full time status. Similarly, the DSO will report to the 
Service no more than 21 days after the student has resumed a full 
course of study by submitting a current copy of the students' Form I-
20ID to STSC indicating the date full course of study was resumed and 
the new program end date was form I-538, if applicable.
    (E) SEVIS reporting requirements. In order for a student to be 
authorized to drop below a full course of study, the DSO must update 
SEVIS prior to the student reducing his or her course load. The DSO 
must update SEVIS with the date, reason for authorization, and the 
start date of the next term or session. The DSO must also notify SEVIS 
within 21 days of the student's commencement of a full course of study. 
If an extension of the program end date is required due to the drop 
below a full course of study, the DSO must update SEVIS by completing a 
new SEVIS Form I-20 with the new program end date in accordance with 
paragraph (f)(7) of this section.
    (iv) Concurrent enrollment. An F-1 student may be enrolled in two 
different Service approved schools at one time as long as the 
enrollment to both schools amounts to a full time course of study. In 
cases where a student is concurrently enrolled, the school from which 
the student will earn his or her degree or certification should issue 
the Form I-20, and conduct subsequent certifications and updates to the 
Form I-20. This DSO is also responsible for all of the reporting 
requirements to the Service.
    (7) Extension of stay.--
    (i) General. An F-1 student who is admitted for duration of status 
is not required to apply for extension of stay

[[Page 34874]]

as long as the student is maintaining status and making normal progress 
toward completing his or her educational objective. An F-1 student who 
is currently maintaining status but is unable to complete a full course 
of study in a timely manner must apply prior to the program end date on 
the Form I-20 to the DSO for a program extension pursuant to paragraph 
(f)(7)(iii) of this section.
    (ii) Completion date of Form I-20. When determining the program 
completion date on Form I-20, the DSO should make a reasonable estimate 
based upon the time an average student would need to complete a similar 
program in the same discipline.
    (iii) Program extension for students in lawful status. An F-1 
student who is unable to meet the program completion date on the Form 
I-20 may be granted an extension by the DSO if the DSO certifies that 
the student has continually maintained status and that the delays are 
caused by compelling academic or medical reasons, such as changes of 
major or research topics, unexpected research problems, or medically 
documented illnesses. Delays caused by academic probation or suspension 
are not acceptable reasons for program extensions. A DSO may not grant 
an extension if the student did not apply for an extension until after 
the program end date noted on the Form I-20. An F-1 student who is 
unable to complete the educational program within the time listed on 
Form I-20 and who is ineligible for program extension pursuant to this 
paragraph (f)(7) is considered out of status. If eligible, the student 
may apply for reinstatement under the provisions of paragraph (f)(16) 
of this section.
    (iv) Notification. Upon granting a program extension, a DSO at a 
non-SEVIS school must immediately submit notification to STSC using 
Form I-538 and the top page of Form I-20A-B showing the new program 
completion date. For a school enrolled in SEVIS, a DSO may grant a 
program extension only by updating SEVIS and issuing a new Form I-20 
reflecting the current program end date. A DSO may grant an extension 
any time prior to the program end date listed on the student's original 
Form I-20.
    (8) ***
    (ii) Transfer procedure.
    (A) Non--SEVIS School to Non--SEVIS school. To transfer schools, a 
F-1 student must first notify the school he or she is attending of the 
intent to transfer, then obtain a Form I-20 issued in accordance with 
the provisions of 8 CFR 214.3(k) from the school to which he or she 
intends to transfer. Prior to issuance of any Form I-20, the DSO at the 
school the student is transferring to is responsible for determining 
that the student has been maintaining status at his or her previous 
school and is eligible for transfer to the new school. The transfer 
will be effected only if the F-1 student completes the Student 
Certification portion of the I-20 and returns the Form to a designated 
school official on campus within 15 days of the program start date 
listed on Form I-20, Upon receipt of the student's Form I-20 the DSO 
must note ``transfer completed on (date)'' in the space provided for in 
DSO's remarks, thereby acknowledging the student's attendance; return 
the Form I-20 to the student; submit the School copy of the Form I-20 
to STSC within 21 days of receipt from the student; and forward a 
photocopy of the School copy to the school from which the student 
transferred.
    (B) Non-SEVIS school to SEVIS school. To transfer schools, an F-1 
student must first notify the school he or she is attending of the 
intent to transfer, then obtain a SEVIS Form I-20 issued in accordance 
with the provision of 8 CFR 214.3(k) from the school to which he or she 
intends to transfer. Prior to issuance of any Form I-20, the DSO at the 
school to which the student is transferring is responsible for 
determining that the student has been maintaining status at his or her 
previous school and is eligible for transfer to the new school. Once 
the transfer school has issued the SEVIS Form I-20 to the student 
indicating a transfer, the transfer school becomes responsible for 
updating and maintaining the student's record in SEVIS. The student is 
then required to notify the DSO at the new school within 15 days of the 
program start date listed on SEVIS Form I-20. Upon notification that 
the student is enrolled in classes, the DSO of the transfer school must 
print and return an updated SEVIS Form I-20 to the student 
acknowledging the student's attendance and indicating the current 
address and that the student has completed the transfer process. The 
transfer is effected when the transfer school notifies SEVIS that the 
student has enrolled in classes in accordance within the 30 days 
required by 214.3(g)(3)(iii).
    (C) SEVIS school to SEVIS school. The student must notify his or 
her current school of the intent to transfer and must indicate the 
school to which he or she intends to transfer. Upon notification by the 
student, the current school will update the student's record in SEVIS 
as ``a transfer out'' and indicate the school to which the student 
intends to transfer, and a release date. The release date will be the 
current semester or session completion date, or the date of expected 
transfer if earlier than the established academic cycle. The current 
school will retain control over the student's record in SEVIS until the 
student completes the current term or reaches the release date. At 
transfer date specified by the current DSO, the new school will be 
granted full access to the student's SEVIS record and becomes 
responsible for that student. The current school conveys authority and 
responsibility over that student to the new school, and will no longer 
have full SEVIS access to that student's record. At the point of 
conveyance at the end of the current semester or the expected transfer 
date, the new school may issue a SEVIS Form I-20. The student is then 
required to notify the DSO at the new school within 15 days of the 
program start date listed on the SEVIS Form I-20. Upon notification 
that the student is enrolled in classes, the DSO of the transfer school 
must print and return an updated SEVIS Form I-20 to the student 
acknowledging the student's attendance and indicating the current 
address and that the student has completed the transfer process. The 
transfer is effected when the transfer school notifies SEVIS that the 
student has enrolled in classes in accordance within the 30 days 
required by Sec. 214.3(g)(3)(iii).
    (D) SEVIS school to non-SEVIS school. The student must notify his 
or her current school of the intent to transfer and must indicate the 
school to which he or she intends to transfer. Upon notification by the 
student, the current school will update the student in SEVIS as ``a 
transfer out'', enter a ``release'' or expected transfer date, and 
update the transfer school as ``non-SEVIS''. The student must then 
notify the school to which the student intends to transfer of the 
student's intent to enroll. After the student has completed his or her 
current term or session, or has reached the expected transfer date, the 
DSO at the SEVIS school will no longer have full access to the 
student's SEVIS record. At this point, if the student has notified the 
transfer school of his or her intent to transfer, and the transfer 
school has determined that the student has been maintaining status at 
his or her previous school, the transfer school may issue the student a 
Form I-20, and has notified the transfer school of his or her intent to 
transfer, the transfer school may issue the student a Form I-20 after 
determining that the student has been maintaining status at his or her 
previous school. The transfer will be effected only if the F-1 student 
completes the Student Certification portion of the I-20 and returns the 
Form to a designated

[[Page 34875]]

school official on campus within 15 days of the program start date 
listed on Form I-20. Upon receipt of the student's Form I-20 the DSO 
must note ``transfer completed on (date)'' in the space provided for in 
DSO's remarks, thereby acknowledging the student's attendance; return 
the Form I-20 to the student; submit the School copy of the Form I-20 
to STSC within 21 days of receipt from the student; and forward a 
photocopy of the School copy to the school from which the student 
transferred.
* * * * *
    (9) * * *
    (ii) * * *
    (B) [Reserved]
* * * * *
    (D) * * *
    (4) The student has demonstrated that the employment is necessary 
to avoid severe economic hardship due to unforeseen circumstances 
beyond the student's control pursuant to paragraph (f)(9)(ii)(C) of 
this section and has demonstrated that employment under paragraph 
(f)(9)(i) of this section is unavailable or otherwise insufficient to 
meet the needs that have arisen as a result of the unforeseen 
circumstances.
* * * * *
    (E) [Reserved]
    (F) * * *
    (1) The applicant should submit the application for employment 
authorization on Form I-765, with the fee required by 8 CFR 
103.7(b)(1), to the Service Center having jurisdiction over his or her 
place of residence. along with Form I-20, Form I-538, and any other 
supporting materials such as affidavits which further detail the 
unforeseen circumstances that require the student to seek employment 
authorization and the unavailability or insufficiency of employment 
under paragraph (f)(9)(i) of this section.
* * * * *
    (iii) Internship with an international organization. A bona fide F-
1 student who has been offered employment by a recognized international 
organization within the meaning of the International Organization 
Immunities Act (59 Stat. 669) must apply for employment authorization 
to the Service Center having jurisdiction over his or her place of 
residence. A student seeking employment authorization under this 
provision is required to present a written certification from the 
international organization that the proposed employment is within the 
scope of the organization's sponsorship, Form I-20 certifying 
eligibility for employment, and a completed Form I-765, with required 
fee as contained in Sec. 103.7(b)(1) of this title.
    (10) Practical training. Practical training may be authorized to an 
F-1 student who, at the time of filing his or her application, has been 
lawfully enrolled on a full time basis, in a Service-approved college, 
university, conservatory, or seminary for at least 9 consecutive 
months. This provision includes students who, during their course of 
study, were enrolled in a study abroad program. A student may be 
authorized 12 months of practical training, and becomes eligible for 
another 12 months of practical training when he or she changes to a 
higher educational level. Students in English language training 
programs are ineligible for practical training. An eligible F-1 student 
may request employment authorization for practical training in a 
position which is directly related to his or her major area of study. 
There are two types of practical training available:
    (i) * * * A request for authorization for curricular practical 
training must be made to the DSO. A student may begin curricular 
practical training only after receiving his or her I-20 ID with the DSO 
endorsement.
    (A) Paper process. A student must request authorization for 
curricular practical training using Form I-538. Upon approving the 
request for authorization, the DSO shall: Certify Form I-538 and send 
the form to the Service's data processing center; endorse the student's 
I-20 ID with ``full-time (or part-time) curricular practical training 
authorized for (employer) at (location) from (date) to (date)''; and 
sign and date the I-20 ID before returning it to the student.
    (B) SEVIS process. To grant authorization for a student to engage 
in curricular practical training a DSO at a SEVIS school will update 
the student's record in SEVIS as being authorized for curricular 
practical training that is directly related to the student's major area 
of study. The DSO will indicate whether the training is full-time or 
part-time, the employer and location, and the employment start and end 
date. The DSO will then print a copy of the student's SEVIS Form I-20 
indicating that curricular practical training has been approved and the 
DSO must sign, date and return the SEVIS Form I-20 to the student prior 
to the student's commencement of employment.
    (ii) * * *
    (A) General. An F-1 student may apply to the Service for 
authorization for temporary employment for practical training directly 
related to the student's major area of study. Optional practical 
training must be requested prior to completion of all course 
requirements for the degree (excluding thesis or equivalent) or prior 
to completion of the course of study. Temporary employment for optional 
practical training may be authorized:
    (1) During the student's annual vacation and at other times when 
school is not in session, if the student is currently enrolled, and is 
eligible for registration and intends to register for the next term or 
session; or
    (2) While school is in session, provided that practical training 
does not exceed 20 hours a week while school is in session.
    (3) [Reserved]
    (4) [Reserved]
    (B) Termination of practical training. Authorization to engage in 
optional practical training employment is automatically terminated when 
the student transfers to another school or begins study at another 
educational level.
* * * * *
    (D) Action of the DSO-Non SEVIS schools. * * *
* * * * *
    (E) SEVIS process. In making a recommendation for optional 
practical training under SEVIS, the DSO will update the student's 
record in SEVIS as having been recommended for optional practical 
training. The DSO will indicate in SEVIS whether the employment is to 
be full-time or part-time, and note in SEVIS the start and end date of 
employment. The DSO will then print the employment page of the 
student's SEVIS Form I-20, and sign and date the form to indicate that 
optional practical training has been recommended. The F-1 student must 
apply to the INS Service Center for an Employment Authorization 
Document, on Form I-765, with the SEVIS Form I-20 employment page 
indicating that optional practical training has been recommended by the 
DSO.
    (11) * * *
    (ii) A DSO's recommendation for optional practical training on Form 
I-20 ID, or, for a SEVIS school, on an updated SEVIS Form I-20.
* * * * *
    (15) Spouse and Children of F-1 student.
    (i) Employment. The F-2 spouse and children of an F student may not 
accept employment.
    (ii) Study. (A) The F-2 spouse of an F-1 student may not engage in 
full time study, and the F-2 child may only engage in full time study 
if the study is in an elementary or secondary school (kindergarten 
through twelfth grade). The F-2 spouse and child may engage in study 
that is avocational or recreational in nature.

[[Page 34876]]

    (B) An F-2 spouse or F-2 child desiring to engage in full time 
study, other than that allowed for a child in paragraph (f)(15)(ii)(A) 
of this section, must apply for and obtain a change of nonimmigrant 
classification to F-1, J-1, or M-1 status.
    (C) An F-2 spouse or F-2 child violates his or her nonimmigrant 
status by engaging in full time study except as provided in paragraph 
(f)(15)(ii)(A) or (B) of this section.
    (16) Reinstatement to student status.--
    (i) General. The district director may consider reinstating an F-1 
student who makes a request for reinstatement on Form I-539, 
Application to Extend/Change Nonimmigrant Status, accompanied by a 
properly completed Form I-20A-B from the school the student is 
attending or intends to attend (or a properly completed SEVIS Form I-20 
from a SEVIS school and indicating the DSO's recommendation for 
reinstatement). The district director may consider the request if the 
student:
    (A) Has not been out of status for more than 5 months;
    (B) Establishes to the satisfaction of the Service, by a detailed 
showing, either that:
    (1) The violation of status resulted from circumstances beyond the 
student's control. Such circumstances might include serious injury or 
illness, closure of the institution, or a natural disaster. 
Circumstances beyond the student's control do not occur where 
inadvertence, oversight, neglect, or a willful failure on the part of 
the student or the DSO resulted in the need for reinstatement; or
    (2) the violation relates to a reduction in the student's course 
load that would have been within a DSO's power to authorize, and that 
failure to approve reinstatement would result in extreme hardship to 
the student;
    (C) Is currently pursuing, or intending to pursue, a full course of 
study in the immediate future at the school which issued the Form I-20 
A-B;
    (D) Has not engaged in unauthorized employment; and
    (E) Is not deportable on any ground other than section 237(a)(1)(B) 
or (C)(i) of the Act.
    (ii) Decision. If the Service reinstates the student, the Service 
shall endorse the student's copy of Form I-20 to indicate the student 
has been reinstated and return the form to the student. If the Form I-
20 is from a non-SEVIS school, the school copy will be forwarded to the 
Service's processing center for data entry. If the Form I-20 is from a 
SEVIS school, the adjudicating officer will update SEVIS to reflect the 
Service's decision. In either case, if the Service does not reinstate 
the student, the student may not appeal that decision.
    (17) Current name and address. A student must inform the DSO and 
the Service of any legal changes to his or her name or of any change of 
address, within 10 days of the change. An F-1 nonimmigrant enrolled at 
a SEVIS school can satisfy the requirement of notifying the Service by 
providing a notice of a change of address within 10 days to the DSO, 
who in turn shall enter the information in SEVIS within 21 days of 
notification by the student. An F-1 nonimmigrant student enrolled at a 
non-SEVIS school must submit a notice of change of address to the 
Service, as provided in 8 CFR 265.1, within 10 days of the change. The 
address provided by the student must be the actual physical location 
where the student resides, not a P.O. Box or an office address. In no 
case may the address of the DSO be used as the address of the student.
* * * * *
    5. Section 214.2 is further amended by revising paragraph 
(j)(1)(ii), and adding new paragraphs (j)(1)(vii), (j)(1)(viii), and 
(j)(1)(ix) to read as follows:


Sec. 214.2  Special requirements for admission, extension, and 
maintenance of status.

* * * * *
    (j) * * *
    (1) * * *
    (ii) Duration of status. Duration of status for a J-1 exchange 
alien, and his or her J-2 spouse and children, is defined as the time 
during which a J-1 exchange alien is actively participating in a 
program approved by the Department of State, or engaging in authorized 
academic training following completion of studies. An exchange alien, 
and J-2 spouse and children, may be admitted for a period up to 30 days 
before the start of the approved program. An exchange alien who has 
successfully completed his or her program will be allowed an additional 
30-day period to depart the United States, but an exchange alien who 
fails to maintain a valid program status is not eligible for this 
additional 30-day period. Duration of status also includes the period 
designated by the Commissioner as provided in paragraph (j)(1)(vi) of 
this section.
* * * * *
    (vii) Use of SEVIS. At a date in the future to be established by 
the Department of State, the use of the Student and Exchange Visitor 
Information System (SEVIS) will become mandatory. After that date, 
which will be announced by publication in the Federal Register, the 
exchange alien must present a SEVIS Form DS-2019 in order to be 
admitted under this paragraph (j).
    (viii) Disposition of SEVIS Form DS-2019. SEVIS will generate a 
SEVIS Form DS-2019. When an J-1 student applies for admission with a 
completed SEVIS Form DS-2019, the inspecting officer shall transcribe 
the alien's admission number from Form I-94 onto his or her SEVIS Form 
DS-2019 (for students seeking initial admission only); endorse the 
SEVIS Form DS-2019, and return the SEVIS Form DS-2019 to the alien.
    (ix) Current name and address. A J-1 exchange alien must inform the 
Service and the responsible officer of the exchange visitor program of 
any legal changes to his or her name or of any change of address, 
within 10 days of the change. A J-1 exchange alien enrolled in a SEVIS 
program can satisfy the requirement of notifying the Service by 
providing a notice of a change of address within 10 days to the 
responsible officer, who in turn shall enter the information in SEVIS 
within 21 days of notification by the student. A J-1 exchange alien 
enrolled at a non-SEVIS institution must submit a change of address to 
the Service, as provided in 8 CFR 265.1, within 10 days of the change. 
The address provided by the exchange alien must be the actual physical 
location where the exchange alien resides, not a P.O. Box or an office 
address. In no case may the address of the responsible officer be used 
as the address of the exchange alien.
* * * * *
    6. Section 214.2 is further amended by:
    a. Adding new paragraphs (m)(l)(iii) and (m)(l)(iv);
    b. Revising the term ``sixty days,'' in paragraph (m)(3) to read 
``30 days,''
    c. Revising paragraph (m)(5);
    d. Removing and reserving paragraphs (m)(6), (m)(7), and (m)(8);
    e. Adding new paragraphs (m)(9)(v) and (vi);
    f. Revising paragraphs (m)(10), (m)(11)(ii), and (m)(14)(ii) 
introductory text;
    g. Adding a new paragraph (m)(14)(vi);
    h. Revising paragraphs (m)(16) and (m)(17); and by
    i. Adding new paragraph (m)(18).
    The additions and revisions read as follows:


Sec. 214.2   Special requirements for admission, extension, and 
maintenance of status.

* * * * *
    (m) * * *
    (l) * * *

[[Page 34877]]

    (iii) Use of SEVIS. On January 30, 2003, the use of the Student and 
Exchange Visitor Information System (SEVIS) will become mandatory. As 
of that date, the student must present a SEVIS Form I-20 in order to be 
admitted under this paragraph (m).
    (iv) Disposition of SEVIS Form I-20. SEVIS will generate a Form I-
20. When an M-l student applies for admission with a completed SEVIS 
Form I-20, the inspecting officer shall transcribe the alien's 
admission number from Form I-94 onto his or her SEVIS Form I-20 (for 
students seeking initial admission only); endorse the SEVIS Form I-20; 
and return the SEVIS Form I-20 to the alien.
* * * * *
    (5) Period of stay. An alien in M-1 nonimmigrant status is admitted 
for a fixed time period, which is the shorter of a total period of one 
year or the period necessary to complete the course of study indicated 
on the Form I-20, plus practical training following completion of the 
course of study, plus an additional 30 days to depart the United 
States, not to exceed one year. An M-1 student may be admitted for a 
period up to 30 days before the start of the course of study. An M-1 
student who fails to maintain a full course of study or otherwise fails 
to maintain status is not eligible for the additional 30-day period of 
stay.
    (6) [Reserved]
    (7) [Reserved]
    (8) [Reserved]
    (9) * * *
    (v) On-Line Courses/Distance Education Programs. Classes taken by 
an M-1 student that are on-line or through distance education, and that 
do not require the student's physical attendance for classes, 
examination or other purposes integral to completion of the class, are 
not considered as being part of the student's full course of study. An 
on-line or distance education course is a course that is offered 
principally through the sue of television audio, or computer 
transmission including open broadcast, closed circuit, cable, 
microwave, or satellite, audio conferencing, or computer conferencing.
    (vi) Reduced course load. The designated school official may advise 
an M-1 student to engage in less than a full course of study only where 
the student has been compelled by illness or a medical condition that 
has been documented by a licensed physician to interrupt or reduce his 
or her course of study. A DSO may not authorize a reduced course load 
for more than 5 months. An M-1 student must resume a full course of 
study within 5 months of the authorization by the DSO in order to 
maintain his or her status.
    (A) Non SEVIS Schools. A DSO must report any student who has been 
authorized by the DSO to carry a reduced course load. Within 21 days of 
the authorization, the DSO must send a photocopy of the student's Form 
I-20 to STSC indicating the date that authorization was granted. The 
DSO must also report to STSC when the student has resumed a full course 
of study, no more than 21 days from the date the student resumed a full 
course of study. In this case, the DSO must submit a photocopy of the 
student's Form I-20 indicating the date that a full course of study was 
resumed, with a new program end date.
    (B) SEVIS reporting. In order for a student to be authorized to 
drop below a full course of study, the DSO must update SEVIS prior to 
the student reducing his or her course load. The DSO must update SEVIS 
with the date, reason for authorization, and the start date of the next 
term or session. The DSO must also notify SEVIS within 21 days of the 
student's commencement of a full course of study.
    (10) Extension of stay.
    (i) Eligibility. The cumulative time of extensions that can be 
granted to an M-1 student is limited to a period of 3 years from the M-
1 student's original start date, plus 30 days. No extension can be 
granted to an M-1 student if the M-1 student is unable to complete the 
course of study within 3 years of the original program start date. This 
limit includes extensions that have been granted due to a drop below 
full course of study, a transfer of schools, or reinstatement. An M-1 
student may be granted an extension of stay if it is established that:
    (A) He or she is a bona fide nonimmigrant currently maintaining 
student status;
    (B) Compelling educational or medical reasons have resulted in a 
delay to his or her course of study. Delays caused by academic 
probation or suspension are not acceptable reasons for program 
extension; and
    (C) He or she is able to, and in good faith intends to, continue to 
maintain that status for the period for which the extension is granted.
    (ii) Application. An M-1 student must apply to the Service for an 
extension on Form I-539, Application to Extend/Change Nonimmigrant 
Status. A student's M-2 spouse and children seeking an extension of 
stay must be included in the application. The student must submit the 
application to the Service Center having jurisdiction over the school 
the student is currently authorized to attend, at least 15 days but not 
more than 60 days before the program end date on the student's Form I-
20. The application must also be accompanied by the student's Form I-20 
and the Forms I-94 of the student's spouse and children, if applicable.
    (iii) Period of stay. If an application for extension is granted, 
the student and the student's spouse and children, if applicable, are 
to be given an extension of stay for the period of time necessary to 
complete the course of study, plus 30 days within which to depart from 
the United States, or for a total period of one year, whichever is 
less. A student's M-2 spouse and children are not eligible for an 
extension unless the M-1 student is granted an extension of stay, or 
for a longer period than is granted to the M-1 student.
    (iv) SEVIS update. A DSO must update SEVIS to recommend that a 
student be approved for an extension of stay. The SEVIS Form I-20 must 
be printed with the recommendation and new program end date for 
submission by mail to the Service Center, with Form I-539, and Forms I-
94 if applicable.
    (11) * * *
    (ii) Procedure. An M-1 student must apply to the Service on Form I-
539 for permission to transfer between schools. Upon application for 
school transfer, an M-1 student may effect the transfer subject to 
approval of the application. An M-1 student who transfers without 
complying with this requirement or whose application is denied after 
transfer pursuant to this regulation is considered to be out of status. 
If the application is approved, the approval of the transfer will be 
determined to be the program start date listed on the Form I-20, and 
the student will be granted an extension of stay for the period of time 
necessary to complete the new course of study plus thirty days, or for 
a total period of one year, whichever is less.
    (A) Paper process-Non SEVIS school. The application must be 
accompanied by the Form I-20ID copy and the Form I-94 of the student's 
spouse and children, if applicable. The Form I-539 must also be 
accompanied by Form I-20M-N properly and completely filled out by the 
student and by the designated official of the school which the student 
wishes to attend. The student must submit the application for school 
transfer to the Service Center having jurisdiction over the school the 
student is currently authorized to attend. Upon approval, the 
adjudicating officer will endorse the name of the school to which the 
transfer is authorized on the student's Form I-20ID copy and return it 
to the student. The officer will also endorse Form I-20M-N to indicate 
that a school transfer has been authorized and forward it to the 
Service's

[[Page 34878]]

processing center for updating. The processing center will forward Form 
I-20M-N to the school to which the transfer has been authorized to 
notify the school of the action taken.
    (B) SEVIS process. The student must first notify his or her current 
school of the intent to transfer and indicate the school to which the 
student intends to transfer. Upon notification by the student, the 
current school must update the student as a ``transfer out'' in SEVIS. 
The student must then notify the school to which the student intends to 
transfer of the student's intent to enroll. After the student completes 
his or her current term or session and has notified the transfer school 
of his or her intent to enroll, the transfer school may issue SEVIS 
Form I-20 to the student. Upon receipt of the SEVIS Form I-20 from the 
transfer school, the M-1 student must submit Form I-539 in accordance 
with Sec. 214.2(m)(11) to the Service Center with jurisdiction over the 
school the student was last authorized to attend. Upon submission of 
the application for transfer, the student may enroll in the transfer 
school at the next available term or session and is required to notify 
the transfer school immediately upon beginning attendance. The transfer 
school must update SEVIS to indicate that the student has enrolled in 
classes in accordance with Sec. 214.3. Upon approval of the transfer 
application, the Service officer will endorse the name of the school to 
which the transfer is authorized on the student's SEVIS Form I-20 and 
return it to the student.
    (C) Once SEVIS is fully operational and interfaced with INS' CLAIMS 
3 benefit processing system, the Service officer will transmit the 
approval of the transfer of SEVIS and endorse the name of the school to 
which transfer is authorized on the student's SEVIS Form I-20 and 
return it to the student. As part of the transitional process until 
that time, the student is required to notify the DSO at the transfer 
school of the decision of the Service within 15 days of the receipt of 
the adjudication by the Service. Upon notification by the student of 
the approval of the Service, the DSO must immediately update SEVIS to 
show that approval of the transfer has been granted. The DSO must then 
print an updated SEVIS From I-20 for the student indicating that the 
transfer has been completed. If the application for transfer is denied, 
the student is out of status and the DSO must terminate the student's 
record in SEVIS.
* * * * *
    (14) * * *
    (ii) Application. An M-1 student must apply for permission to 
accept employment for practical training on Form I-765, with fee, 
accompanied by a Form I-20 that has been endorsed for practical 
training by the designated school official. The application must be 
submitted prior to the program end date listed on the student's Form I-
20 but not more than 90 days before the program end date. The 
designated school official must certify on Form I-538 that--
* * * * *
    (vi) SEVIS process. The DSO must update the student's record in 
SEVIS to recommend that the Service approve the student for practical 
training, and print SEVIS Form I-20 with the recommendation, for the 
student to submit to the Service with Form I-765 and Form I-538 has 
provided in this paragraph (m)(11).
* * * * *
    (16) Reinstatement to student status.
    (i) General. A district director may consider reinstating an M-1 
student who makes a request for reinstatement on Form I-539, 
Application to Extend Time of Temporary Stay, accompanied by a properly 
completed Form I-20A-B or SEVIS Form I-20, from the school the students 
is attending or intends to attend, only if the student:
    (A) Has not been out of status for more than 5 months;
    (B) Establishes to the satisfaction of the Service, by a detailed 
showing, either that:
    (1) The violation of status resulted from circumstances beyond the 
student's control. Such circumstances might include serious injury or 
illness, closure of the institution, or a natural disaster. 
Circumstances beyond the student's control do not occur where 
inadvertence, oversight, neglect, or a willful failure on the part of 
the student or the DSO resulted in the need for reinstatement; or
    (2) The violation relates to a reduction in the student's course 
load that would have been within a DSO's power to authorize, and that 
failure to approve reinstatement would result in extreme hardship to 
the student;
    (C) Is currently pursuing or intends to pursue, a full course of 
study at the school which issued the Form I-20A-B or SEVIS Form I-20;
    (D) Has not engaged in unlawful employment; and
    (E) Is not deportable on any ground other than section 
237(a)(1)(B), (C)(i) of the Act.
    (ii) Decision. If the district director does not reinstate the 
student, the student may not appeal the decision. If the district 
director reinstates the student, he or she shall endorse the student's 
Form I-20ID copy or SEVIS Form 1-20 to indicate that the student has 
been reinstated and return the form to the student. The district 
director will send notification to the school of the decision.
    (17) Study by spouse and children of M-1 student.
    (i) The M-2 spouse of an M-1 student may not engage in full time 
study, and the M-2 child may only engage in full time study if the 
study is in an elementary or secondary school (kindergarten through 
twelfth grade). The spouse and child may engage in study that is 
avocational or recreational in nature.
    (ii) An M-2 spouse or M-2 child desiring to engage in full time 
study, other than that allowed for a child in paragraph (m)(17)(i) of 
this section, must apply for and obtain a change of nonimmigrant 
classification to F-1, J-1, or M-1 status.
    (iii) An M-2 spouse or M-2 child violates his or her nonimmigrant 
status by engaging in full time study except as provided in paragraph 
(m)(17)(i) and (ii) of this section.
    (18) Current name and address. A student must inform the Service 
and the DSO of any legal changes to his or her name or of any change of 
address, within 10 days of the change. An M-1 nonimmigrant enrolled at 
a SEVIS school can satisfy the requirement of notifying the Service by 
providing a notice of a change of address within 10 days to the DSO, 
and the DSO in turn shall enter the information in SEVIS within 21 days 
of notification by the student. An M-1 nonimmigrant student enrolled at 
a non-SEVIS institution must submit a notice of change of address to 
the Service, as provided in 8 CFR 265.1, within 10 days of the change. 
The address provided by the student must be the actual physical 
location where the student resides, not a P.O. Box or an office 
address. In no case may the address of the DSO be sued as the address 
of the student.
* * * * *
    7. Section 214.3 is amended by:
    a. Redesignating paragraph (a)(2) as paragraph (a)(3);
    b. Adding a new paragraph (a)(2);
    c. Revising newly redesignated paragraph (a)(3)(i)(F);
    d. Adding in newly redesignated paragraph (a)(3), a new paragraph 
(a)(3)(v);
    e. Adding a new paragraph (e)(3);
    f. Revising paragraphs (g)(1)(iv) and (g)(1)(v);
    g. Adding a new paragraph (g)(3);

[[Page 34879]]

    h. Revising paragraph (l)(1);
    i. Adding three sentences to the end of paragraph (l)(2);
    j. Revising the heading in paragraph (l)(3), and by revising the 
first sentence in paragraph (l)(3); and by
    k. Adding a new paragraph (l)(4).
    The additions and revisions read as follows:


Sec. 214.3  Petitions for approval of schools

    (a) * * *
    (2) SEVIS filing. A school or school system filing a petition using 
SEVIS must submit all of the information required by paragraph (a)(1) 
of this section. To apply for certification in SEVIS, a school or 
school system must first contact the SEVIS system administrator via the 
SEVIS website to receive a temporary user identifications and password. 
This temporary identification and password will be valid for 30 days 
from issuance. After receiving the temporary identification and 
password the school must complete Form I-17 online in the SEVIS 
application. The form I-17 must then be printed and submitted by mail 
to the appropriate district office with supporting documentation in 
accordance with the regulations of this section.
    (3) * * *
    (i) * * *
    (F) A private elementary school.
* * * * *
    (v) The following may not be approved for attendance by foreign 
students:
    (A) A home school,
    (B) A public elementary school, or
    (C) An adult education program, as defined by section 203(l) of the 
Adult Education and Family Literacy Act, Public Law 105-220, as 
amended, 20 U.S.C. 9202(l), if the adult education program is funded in 
whole or in part by a grant under the Adult Education and Family 
Literacy Act, or by any other Federal, State, county or municipal 
funding.
* * * * *
    (e) * * *
    (3) SEVIS reporting. Upon approval of a petition, the district 
director shall update SEVIS to reflect approval of the petition. An 
email notification will be sent to the principal DSO by SEVIS. An 
approved school that has been enrolled in SEVIS must immediately update 
SEVIS to reflect any material changes to its name, address or 
curriculum for a determination of continued eligibility for approval.
* * * * *
    (g) * * *
    (1) * * *
    (iv) Current address where the student and any dependents 
physically reside (not a P.O. Box or an office address).
    (v) The student's current academic status.
* * * * *
    (3) SEVIS reporting requirements.
    (i) Within 21 days of a change in any of the information contained 
in paragraph (e)(3) of this section, schools using the SEVIS system 
must update SEVIS with the current information.
    (ii) Schools are also required to report within 21 days of the 
occurrence the following events:
    (A) Any student who has failed to maintain status or complete his 
or her program;
    (B) A change of the student or dependent's legal name or U.S. 
address;
    (C) Any student who has graduated early or prior to the program end 
date listed on SEVIS Form I-20;
    (D) Any disciplinary action taken by the school against the student 
as a result of the student being convicted of a crime; and
    (E) Any other notification request made by SEVIS to the DSO with 
regard to the current status of the student.
    (iii) Each term or session and no later than 30 days after the 
deadline for registering for classes, schools are required to report 
the following registration information:
    (A) Whether the student has enrolled at the school, dropped below a 
full course of study without prior authorization by the DSO, or failed 
to enroll;
    (B) The current address of each enrolled student; and
    (C) The start date of the student's next session, term, semester, 
trimester, or quarter.
* * * * *
    (l) * * *
    (1) Meaning of term Designated Official. As used in Secs. 214.1(b), 
214.2(b), 214.2(f), 214.2(m), and 214.4, a Designated Official, 
Designated School Official, Principal Designated School Official, or 
Administrative School Official means a regularly employed member of the 
school administration whose office is located at the school and who is 
a regularly employed member of the school administration whose office 
is located at the school and whose compensation does not come from 
commissions for recruitment of foreign students. An individual whose 
principal obligation to the school is to recruit foreign students for 
compensation does not qualify as a designated official.
    (i) Principal Designated School Official (PDSO) and Designated 
School Official (DSO). A PDSO and DSO must be a United States citizen 
or Lawful Permanent Resident of the United States. The PDSO and any 
other DSO must be named by the president, owner, or head of a school or 
school system. The PDSO and DSO may not delegate this designation to 
any other person. Each school must have a designated PDSO. The Service 
will use the PDSO as the point of contact on any issues that relate to 
the school's compliance with the regulations as well as any system 
alerts generated by SEVIS. In all other respects the PDSO and DSO will 
share the same responsibilities. Each school may have up to five 
designated officials at any one time, including the PDSO. In a multi-
campus school, each campus may have up to five designated officials at 
any one time including the PDSO. In a private elementary or public or 
private secondary school system, however, the entire school system is 
limited to five designated officials at any one time including the 
PDSO.
    (ii) Administrative School Official (ASO). The president, owner, or 
head of a school or school system must name any ASO. The ASO may not 
delegate this designation to any other person. Each school may have up 
to five ASOs at any one time. The function of the ASO is limited to 
clerical or administrative tasks. An ASO may not sign any Form I-20, 
update any event in SEVIS, or perform any other duty that requires 
authorization of the PDSO or DSO in the regulations. A DSO or PDSO must 
review and approve any data entered by an ASO.
    (2) * * * An approved school must update SEVIS upon any changes to 
the persons who are principal or designated officials, and furnish the 
name and title of the new official within 21 days of the change. Any 
changes to the PDSO, DSO or ASO must be made by the PDSO. In its 
discretion the Service may reject the submission of any individual as a 
DSO or withdraw a previous submission by a school of an individual.
    (3) Statement of principal and designated officials. A petition for 
school approval must include a statement by the principal and each 
designated official certifying that the official is familiar with the 
Service regulations relating to nonimmigrant students. * * *
    (4) SEVIS update. At the time the new official is updated in SEVIS 
in accordance with paragraph (l)(2) of this section, the official must 
also certify that he or she has read Service regulations and intends to 
comply with the regulations.


[[Page 34880]]


    Dated: May 9, 2002.
James W. Ziglar,
Commissioner, Immigration and Naturalization Service.
[FR Doc. 02-12022 Filed 5-15-02; 8:45 am]
BILLING CODE 4410-10-M





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