In a late December meeting between the INS and NAFSA: Association of International Educators, various issues relating to SEVIS, the new electronic tracking system for F, J and M non-immigrant students and exchange visitors, were discussed and a few key announcements were made by INS regarding implementation of the new program.

First, NAFSA asked the INS to clarify whether J-2 spouses can or cannot study while in the US without having to secure a separate student visa. The INS did not include such a provision in its rules implementing SEVIS. But the State Department did mention such a restriction in its preamble to its new SEVIS rule. The INS indicated that it had discussed the issue with the State Department and that the State Department intended that full-time study would not be permitted for J-2s except by J-2 dependents in Kindergarten through 12th grade progams. The State Department has told the INS that it intends to note this in the final regulations and that they will coordinate with the INS on this.

NAFSA notes that until the corrections to the regulations are made, there is no restriction on studying by J-2 dependents. It also is urging its members to comment on this rule by the January 13th deadline.

Another issue discussed was the requirement that J program sponsors report in SEVIS an exchange visitor's participation within 30 days of the start date of the program or within 30 days of the visitor's inspection at a port of entry. NAFSA inquired about what would happen if the exchange visitor enters the country, for example, two months after the start date. According to the INS, the SEVIS record will be cancelled unless the program participation is confirmed in SEVIS within 30 days of the program participant's entry. If the visitor arrives after the start date on the DS-2019 form (the new version of the IAP-66 form), the visitor will likely be given an I-515 form upon admission. When the program knows that the visitor will not be arriving by the start date on the DS-2019, the exchange program can go into SEVIS and update the program start date before the visitor enters. The INS recommends issuing a new DS-2019 for the visitor if possible. NAFSA reminds its members that the visitor cannot enter more than 30 days ahead of the start date on the DS-2019.

NAFSA asked the INS to clarify whether a DS-2019 issued by a non-SEVIS exchange program prior to January 30, 2003 can be used for applying for a visa and admission prior to August 1, 2003. The INS noted that this is permissible. But after January 30th, continuing exchange visitor can no longer use the pink copy of the form alone to obtain a new visa. Instead, a new SEVIS-issued DS-2019 would be needed unless the visitor had been issued a non-SEVIS DS-2019 form prior to January 30, 2003.

The INS mentioned to NAFSA that the State Department is advising exchange programs to continue entering information into ISEAS, the interim student and exchange visitor information tracking system, until ISEAS is no longer available on the State Department web site. After that date, the State Department's Consular Affairs office will continue to have access to the data.

The INS warned SEVIS that it is proceeding with plans to tinker with the rules regarding the duration of status designation F, J and I non-immigrants. Within the next six months, the INS will begin discussions on the use of duration of status for F and J non-immigrants. The INS did not elaborate except to say that any proposal would be presented as a proposed rule and that until a final rule is issued, it will continue to admit Js under duration of status. The INS did not address the immediate future of duration of status designations for F-1 and M-1 visas.

NAFSA addressed a provision of the SEVIS regulations that states the following: “If the student is not required to take any additional courses to satisfy the requirements for completion, but continues to be enrolled for administrative purposes, the student is considered to have completed the course of study and must take action to maintain status. Such action may include application for change of status or departure from the U.S.”. NAFSA asked if the INS really meant this to apply to Masters and Ph.D. students who complete coursework but have not begun research and writing a dissertation. The INS confirmed to NAFSA that the rule was not intended to apply to MA/Ph.D. students. Instead, the rule is intended to apply to individuals who completed all requirements for graduation.

The INS also told NAFSA that 3,232 had submitted I-17 applications to be re-authorized to issue I-20s under SEVIS. Another 169 schools have petitions in "draft" status. 2300 schools out of the 3,232 submitted applications by the 11/15 deadline and those schools' petitions have been submitted to contractors for handling. So far, 1,596 schools have been approved for SEVIS enrollment and the INS expects to complete the enrollment process by the January 30th start date. Schools who filed their SEVIS I-17 forms by November 15 who have not heard from a contractor by now should send an email to HQADN-SEVP@usdoj.gov.