The Immigration and Naturalization Services has issued new regulations governing the review and certification of schools enrolling in the new Student and Exchange Visitor Information System (SEVIS). SEVIS is the student tracking system that has been rushed for release in response to the September 11th attacks. It is a web-based system that allows schools to submit information and event notifications to the INS and State Department while foreign students are in the US. According to the INS, 2,163 schools are using SEVIS already and another 483 are awaiting approval.
The new rule has a 60-day comment period, but becomes effective this week. This latest rule implements Phase II of the SEVIS program. Under the new rules, all schools not already approved to use SEVIS, including a school that would have been eligible for preliminary enrollment but did not enroll, must undergo a certification review. Schools that enrolled during the preliminary enrollment period from July 1, 2002 until this week will have a longer period of time to comply with the new regulation.
The new regulations contain four main requirements:
- All schools currently approved to accept individuals on visas are required to apply for INS review for continuation of approval and access to SEVIS no later than January 30, 2003. Schools not enrolled in SEVIS by that date will no longer be authorized to accept foreign students.
- Schools must electronically complete a Form I-17 Petition for Approval of School for Attendance by Nonimmigrant Student) using SEVIS and submit a certification fee of $580 by November 15, 2002 if they expect to be able to use SEVIS by January 30, 2003. If a school submits the fee late, authorization to use SEVIS may not occur until after January 30th and the schools may face delays in their ability to electronically submit data on new students.
- Schools approved for preliminary enrollment will need to complete the new certification review process and submit the required fee before May 14, 2004.
- The INS will review the approval of a school every two years.
According to INS Commissioner James Ziglar, “We have made significant progress in getting SEVIS up and running since the opening of the preliminary period on July 1. This highly anticipated rule will pick up where the preliminary enrollment ended, greatly assisting INS as it words to enroll bona fide schools in SEVIS. ”
NAFSA: The Association of International Educators represents most of the international student advisors who will do most of the day-to-day work with SEVIS. NAFSA expressed its concerns about the INS’ fast timetable when it submitted testimony last week to the House of Representative’s Immigration Subcommittee. According to NAFSA:
“We assure the Subcommittee that schools are doing everything possible in attempting to meet the reporting deadline of January 31, 2003. However, a system of this complexity and magnitude, particularly when being developed and implemented during an incredibly short period of time, needs thorough testing in order to be effective. It cannot be overemphasized that premature implementation of SEVIS before systems are in place that can assure the accuracy of the data will detract from, not add to, homeland security. It is of great concern to the higher education community that the result of an attempt to “flip the switch and go live” on January 31, 2003, without the reporting system having been fully developed and tested, is very likely to be chaos. If that occurs, we will know less on that day concerning the whereabouts of international students than we do today.”
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