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[Federal Register: February 16, 2005 (Volume 70, Number 31)]
[Rules and Regulations]               
[Page 7853]
From the Federal Register Online via GPO Access []



22 CFR Part 41

[Public Notice 4992]
RIN 1400-AC03

Documentation of Nonimmigrants Under the Immigration and 
Nationality Act, as Amended--Student and Exchange Visitor Information 
System (SEVIS)

AGENCY: State Department.

ACTION: Final rule.


SUMMARY: This rule makes final the interim rule amending the 
Department's regulations pertaining to foreign students and exchange 
visitors who enter the United States in F, M, or J nonimmigrant visa 
categories. The new regulations will establish the verification and 
reporting procedures required by the Department of Homeland Security 
(DHS) foreign student monitoring system known as Student and Exchange 
Visitor Information System (SEVIS). As SEVIS was fully implemented on 
February 15, 2003, the Department's transitional foreign student 
database known as the Interim Student and Exchange Authentication 
System (ISEAS) is no longer available to the educational and exchange 
visitor communities. However, it remains available to consular sections 
in the field as a means of electronically verifying student and 
exchange visitor documentation issued prior to February 15, 2003.

EFFECTIVE DATES: The interim rule became effective on May 23, 2003. 
This final rule takes effect on the date of publication in the Federal 

ADDRESSES: You may view this final rule online at

Regulations Division, Visa Services, Department of State, Washington, 
DC 20520-0106, 202-663-1260 or e-mail

SUPPLEMENTARY INFORMATION: On May 23, 2003, the Department published an 
interim rule (68 FR 28129; Public Notice 4368) detailing the 
implementation of the SEVIS monitoring system. The Department published 
this interim rule with a request for comments. There were no comments 
received and the Department is now making final the interim rule.

How Is the Department Amending Its Regulations?

    The Department is amending its regulations at 22 CFR 41.61 and 
41.62 regarding students and exchange visitors by adding the 
requirement that authorized consular officials verify the provenance of 
SEVIS-generated forms I-20 or DS-2019 against SEVIS data in the 
Consular Consolidated Database CCD. It is also amending its regulations 
by adding the requirement that authorized consular officials verify the 
payment of any applicable SEVIS fee, and to make Border Commuter 
Students (F-3 and M-3) subject to SEVIS requirements. No F-1, F-2, F-3, 
M-1, M-2, M-3, J-1 or J-2 visas may be issued unless an authorized 
consular official has verified the provenance of the student or 
exchange visitor acceptance documentation against SEVIS data in the 
CCD, or via direct access to SEVIS.

Regulatory Findings

Administrative Procedure Act

    The Department is publishing this rule as a final rule, after a 60-
day provision for post-promulgation public comments and review, based 
on the ``good cause'' exceptions set forth at 5 U.S.C. 553(b)(3)(B) and 

Regulatory Flexibility Act

    The Department of State, 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.

The 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 or 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 import markets.

The Unfunded Mandates Reform Act of 1995

    This rule will not result in an annual expenditure of $100 million 
or more by State, local, or tribal governments, or by the private 
sector and it will not significantly or uniquely affect small 

Executive Order 12866: Regulatory Review

    The Department of State does not consider this rule to be a 
``significant regulatory action'' under Executive Order 12866, section 
3(f), Regulatory Planning and Review. In addition, the Department is 
exempt from Executive Order 12866 except to the extent that it is 
promulgating regulations in conjunction with a domestic agency that are 
significant regulatory actions. The Department has nevertheless 
reviewed the regulation to ensure its consistency with the regulatory 
philosophy and principles set forth in that Executive Order.

Executive Order 13132: Federalism

    This regulation 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 require consultations or warrant 
the preparation of a federalism summary impact statement.

The Paperwork Reduction Act of 1995

    The final rule does not impose information collection requirements 
under the provisions of the Paperwork Reduction Act, 44 U.S.C., chapter 

Final Rule

    The interim rule amended the Departments' regulations at 22 CFR 
part 41. In view of the foregoing, the Department does not feel it 
necessary to amend the regulations as published in the interim rule, 
and the interim rule is being incorporated herein as a final rule.

    Dated: November 8, 2004.
Maura Harty,
Assistant Secretary for Consular Affairs, Department of State.
[FR Doc. 05-2999 Filed 2-15-05; 8:45 am]