External links
- Official DHS SEVIS website
- DHS Study in the States website
- International student registry deadline arrives, CNN, August 1, 2003
| General | |
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| National libraries | |
The Student and Exchange Visitor Program (SEVP) is a program within U.S. Immigration and Customs Enforcement, which is under the U.S. Department of Homeland Security, to manage foreign students and exchange visitors in the United States through the Student and Exchange Visitor Information System (SEVIS). [1] The SEVP encompasses the F status (for foreign students in the United States in academic programs and their dependents), J status (for exchange visitors in the United States and their dependents), and M status (for foreign students in the United States in vocational programs and their dependents). The exchange visitor part of the program (J visa) is managed by the U.S. Department of State, although the SEVIS system is maintained by ICE. [1]
The SEVP does not manage the issuance of the visas themselves. Visas are issued at United States consulates and embassies in other countries, which fall under the United States Department of State's Bureau of Consular Affairs. However, having the correct status and information in the SEVIS system is necessary for a person to be able to receive a F, J, or M visa. [2] [3]
The SEVP does not cover some other statuses that can be used by foreign students in the United States, such as the H-4 status and other statuses for dependents of people in non-student statuses.
| Plain English description | Jargon for F status (students in academic programs) | Jargon for M status (students in vocational program) | Jargon for J status (exchange visitor) |
|---|---|---|---|
| Organization responsible for managing the program [1] | U.S. Immigration and Customs Enforcement (ICE) | ICE | Department of State |
| Document that the student/exchange visitor has to demonstrate valid status [4] | I-20 | I-20 | DS-2019 |
| Visa status for the student or exchange visitor [1] | F-1 | M-1 | J-1 |
| Visa status for dependent | F-2 | M-2 | J-2 |
| Visa status for border commuter | F-3 | M-3 | -- |
| Designation of principal person at school or institution responsible for coordinating the program [4] | Principal Designated School Official (PDSO) | PDSO | Responsible Official (RO) |
| Designation of other people at school or institution responsible for coordinating the program [4] | Designated School Official (DSO) | DSO | Alternate Responsible Official (ARO) |
| Employment that can be undertaken during and after the main work as a student or exchange visitor | Curricular Practical Training (CPT) and Optional Practical Training (OPT) | OPT | Academic Training (AT) |
In the 1993 World Trade Center bombing, a truck bomb was detonated below the North Tower of the World Trade Center in New York City. In the aftermath of this incident, the student visa came under increased scrutiny when it was discovered that Eyad Ismoil, one of the terrorists involved was in the United States on an expired student visa. [5] [6] [7] [8]
A memorandum from the U.S. Department of Justice's Office of Investigative Agency Policies to the Deputy Attorney General dated September 24, 1994, mentioned the need to subject foreign students to thorough and continuing scrutiny before and during their stay in the United States. On April 17, 1995, the Deputy Attorney General asked the INS Commissioner to address this issue. This led to the formation of an INS task force in June 1995 to conduct a comprehensive review of the F, M, and J visa processes. Besides the INS, the task force included members from the State Department and the United States Information Agency, and experts in the administration of international student programs. [8] The task force report, issued on December 22, 1995, identified problems in the tracking and monitoring of students by schools, problems in the certification of schools by the INS, and problems with INS receiving and maintaining up-to-date records from schools. [8] As a result of these findings, the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 directed the Attorney General, in consultation with the Secretary of State, to develop and conduct a program to collect certain information on nonimmigrant foreign students and exchange visitors from approved institutions of higher education and designated exchange visitor programs. [7] [8]
In June 1997, the INS launched a pilot program for a centralized electronic reporting system for institutions, called the Coordinated Interagency Partnership Regulating International Students (CIPRIS). The CIPRIS pilot officially ended in October 1999, as the INS felt it had gathered enough data from the prototype to start working on the nationwide system. [8] The INS began working on a new system that would be called the Student and Exchange Visitor Program (SEVP) with the associated information system called the Student and Exchange Visitor Information Service (SEVIS). During the rollout, CIPRIS and SEVIS met with considerable opposition from the Association of International Educators and the American Council on Education. However, they claimed that the opposition was not against the programs in principle but due to the concern that a botched rollout by the INS could result in many students suffering. [7] [8]
In the aftermath of the September 11 attacks (September 11, 2001) and the Patriot Act passed in response (October 26, 2001), there was further increase in scrutiny of student visas, increasing the momentum in favor of the adoption of SEVIS. This was partly because one of the attackers, Hani Hanjour, had come to the United States on a student visa. [7] [8] [9]
Below is a timeline of the key events in the two years after the attacks describing the key steps in the evolution of SEVIS: [7]
| Date | Type of action | Title and reference |
|---|---|---|
| October 26, 2001 | Final legislation | Patriot Act; mandates implementation of Section 641 of the IIRIRA |
| May 16, 2002 | Proposed rule | Retention and reporting requirements for F, J, and M nonimmigrants; Student and Exchange Visitor Information System [10] |
| July 1, 2002 | Interim final rule | Allowing eligible schools to apply for preliminary enrollment in SEVIS [11] |
| September 11, 2002 | Implementation deadline | The Interim Student and Exchange Authentication System (ISEAS), an interim program by the U.S. Department of State, comes into force. This is a temporary system put in place until SEVIS goes live. [4] |
| September 25, 2002 | Interim final rule | Requiring certification of all service-approved schools for SEVIS enrollment [12] |
| December 11, 2002 | Interim final rule | Retention and reporting of information for F, J, and M nonimmigrants; SEVIS [13] |
| January 31, 2003 | Implementation deadline | Mandatory SEVIS use begins |
SEVIS has undergone six major releases since its launch. The release is numbered using a major release version number followed by a dot and a minor release version number. Below is a partial list of release dates: [14]
| Version | Release date | Notes |
|---|---|---|
| 5.10 | August 8, 2008 | New reprint reason, OPT can be added within 60 days of program end, two new country codes, updates to how change of status to H-1B works [15] |
| 6.0 | February 20, 2009 | CPT and OPT functionality, cap-gap support, student intern category for J status [16] |
| 6.1 | November 6, 2009 | Session timeouts after 20 minutes, checking for inactive emails (75 days or more) for designated school officials and responsible officers [17] |
| 6.2 | February 27, 2010 | |
| 6.3 | April 30, 2010 | |
| 6.4 | July 10, 2010 | Performance release; no functionality update |
| 6.5 | August 6, 2010 | Data cleaning/migration. New payment tracking log for school payments, modification of the re-designation list and alert, display of the visa expiration date for Exchange Visitors and dependents. No functionality changes. |
| 6.6 | November 12, 2010 | |
| 6.7 | April 22, 2011 | |
| 6.8 | June 24, 2011 | |
| 6.9 | October 27, 2011 | |
| 6.10 | April 20, 2012 | |
| 6.11 | December 7, 2012 | |
| 6.12 | April 5, 2013 | |
| 6.13 | May 24, 2013 | |
| 6.15 | February 7, 2014 | |
| 6.16 | April 18, 2014 | |
| 6.17 | August 1, 2014 | |
| 6.18 | October 31, 2014 | |
| 6.19 | December 19, 2014 | |
| 6.20 | April 24, 2015 | |
| 6.21 | June 26, 2015 | |
| 6.22 | August 21, 2015 | |
| 6.23 | December 4, 2015 |
During the first half of 2012, changes that affect all colleges, universities, and other educational institutions that provide English language training ("ESL") programs began. These changes stem from the Accreditation of English Language Training Act ("Accreditation Act"), which became effective in June 2011. Pursuant to the Accreditation Act, ESL programs that enroll foreign nonimmigrant students must obtain accreditation from a regional or national accreditation agency recognized by the United States Department of Education. The Accreditation Act applies to two types of ESL programs: Stand-Alone ESL Schools whose officials have indicated on the school's Form I-17 the intention to offer only ESL programs of study; and Combined Schools whose officials have indicated on the school's Form I-17 that the school offers an ESL program of study, as well as other programs of study. A Combined School may either contract out the ESL program of study or wholly own and operate the ESL program of study under the institution's governance. [18]
Schools and programs approved to host students and scholars on these visas are required to report certain information. Information that must be reported includes:
In addition, they must report events that constitute a violation of the international visitor's visa status, such as academic suspension, criminal conviction, failure to enroll and unauthorized off-campus employment.
Amid the COVID-19 pandemic, the SEVP program allowed international students to take more online coursework in the spring and summer semesters of 2020 to accommodate the various state-mandated school closures and stay-at-home orders without penalizing the students. On July 6, 2020, ICE issued a regulation that stated that for any current international visitor under SEVP to remain in the country come the fall 2020 semesters, they must return to taking most of their coursework in person, limiting any online coursework to a maximum of one class or three credit hours online, or be enrolled in a hybrid system but still required to take some physical classes. Students failing to meet these would be face "immigration consequences including, but not limited to, the initiation of removal proceedings", and students who had indicated they would be taking only online classes would be denied visas. [19]
The new change was criticized by students, schools, and states alike, as with the pandemic worsening in most of the United States at the time, many schools did not have plans to commit to opening to physical classes in the fall semester, leaving these international students at risk of deportation. [20] At least three separate lawsuits were filed against ICE on the changed within the week on the basis that the decision was arbitrary and capricious and failed the Administrative Procedure Act: A joint suit by Harvard University and MIT, [21] the state of California, [22] and a separate collation of 17 states and the District of Columbia. [23] Prior to a second hearing where it was expected that a preliminary injunction was to be placed on the new ruling on July 14, 2020, ICE affirmed it would rescind the new rule and continue to allow international students to participate in online classes. [24]
In 2004, the United States Congress mandated that all international students and exchange visitors pay the I-901 SEVIS fee, which funds the Student and Exchange Visitor Program (SEVP) and SEVIS. The fee can be paid online at fmjfee.com. As of June 24, 2019, the fees are as follows: [25]
| Category | Fee in current United States dollars |
|---|---|
| F or M visa applicant (full payment) | 350 |
| J visa applicant (full payment) | 220 |
| J visa applicant (subsidized payment) | 35 |
| Government visitor | 0 |
The SEVIS fee must be paid after receiving the initial document (I-20 or DS-2019) and is a prerequisite for obtaining the F, J, or M visa, [26] or if transitioning to student status using Form I-539. [27]
The fee needs to be paid only for the principal (the F-1, J-1, or M-1). Dependents (F-2, J-2, and M-2) do not need to pay the fee. Also, the fee needs to be paid only once per initial SEVIS record, and in particular, does not need to be paid again if applying for a new visa on the same status. [28] It is distinct from the visa fees, which need to be paid for each visa application.
Below is the list of fees for schools seeking SEVP certification (through Form I-17) or re-certification, as of January 2017. [25]
| Category | Fee in current USD | Notes |
|---|---|---|
| Petition for initial SEVP certification | 1700 | Previously only $230. |
| Site visit (per campus) | 655 | Previously $350 per campus. |
| Petition for change of ownership for already certified institution | 1700 | Previously only $230. |
| Site visit (per campus) for already certified institution | 655 | Previously $350 per campus. |
| Re-certification | 0 |
| General | |
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| National libraries | |
The National Security Entry-Exit Registration System (NSEERS) or INS Special Registration was a system for registering certain non-citizens within the United States, initiated in September 2002 as part of the War on Terrorism. Portions were suspended as of April 27, 2011, and the entirety of the regulation was removed on December 23, 2016.
The Visa Waiver Program (VWP) is a program of the United States federal government that allows nationals of specific countries to travel to the U.S. for tourism, business, or while in transit for up to 90 days without having to obtain a visa. It applies to all fifty U.S. states, the District of Columbia, Puerto Rico, and the U.S. Virgin Islands, as well as to Guam and the Northern Mariana Islands, which also have an additional program with waivers for more nationalities; American Samoa has a similar but separate program.
Optional Practical Training (OPT) is a period during which undergraduate and graduate students with F-1 status who have completed or have been pursuing their degrees for one academic year are permitted by the United States Citizenship and Immigration Services (USCIS) to work for one year on a student visa towards getting practical training to complement their education.
U.S. Citizenship and Immigration Services (USCIS) is an agency of the United States Department of Homeland Security (DHS) that administers the country's naturalization and immigration system. It is a successor to the Immigration and Naturalization Service (INS), which was dissolved by the Homeland Security Act of 2002 and replaced by three components within the DHS: USCIS, Immigration and Customs Enforcement (ICE), and Customs and Border Protection (CBP).
Form I-94, the Arrival-Departure Record Card, is a form used by U.S. Customs and Border Protection (CBP) intended to keep track of the arrival and departure to/from the United States of people who are not United States citizens or lawful permanent residents. While the form is usually issued by CBP at ports of entry or deferred inspection sites, USCIS can issue an equivalent as part of the Form I-797A approval notice for a Form I-129 petition for an alien worker or a Form I-539 application for extension of stay or change of status.
The visa policy of the United States consists of the requirements for foreign nationals to travel to, enter, and remain in the United States. Visitors to the United States must obtain a visa from one of the U.S. diplomatic missions unless they come from one of the visa-exempt or Visa Waiver Program countries. The same rules apply for travel to all U.S. states, the District of Columbia, Puerto Rico and the U.S. Virgin Islands, as well as to Guam and the Northern Mariana Islands with additional waivers, while similar but separate rules apply to American Samoa.
The Form I-20 is a United States Department of Homeland Security, specifically ICE and the Student and Exchange Visitor Program (SEVP), document issued by SEVP-certified schools that provides supporting information on a student's F or M status. Since the introduction of the Student and Exchange Visitor Information System (SEVIS) run by SEVP, the form also includes the student tracking number and school code. The Form I-20 is only for F-1, F-2, M-1, and M-2 statuses. J-1 and J-2 status holders have an equivalent Form DS-2019 which is issued by a United States Department of State-designated J exchange visitor program.
In the United States, the F visas are a type of non-immigrant student visa that allows foreigners to pursue education in the United States. F-1 students must maintain a full course of study. F-1 visas are only issued in U.S. embassies and consulates outside the United States, although extensions of stay and changes of status may be possible within the United States. Prospective F-1 students must apply at the schools and receive a form I-20 in order to apply for an F-1 visa. F-1 students must show that they are able to support themselves during their stay in the U.S., as their opportunities for legal employment are quite limited. F-2 visas are given to dependents of an F-1 student. F-2 visa-holders are prohibited from any form of compensated employment. However, minor children may attend public schools. Finally, the F-3 visa is issued to Canadians and Mexicans who commute across the border to attend American schools.
Title 8 of the United States Code codifies statutes relating to aliens and nationality in the United States Code.
The Security Through Regularized Immigration and a Vibrant Economy Act of 2007 or STRIVE Act of 2007 is proposed United States legislation designed to address the problem of illegal immigration, introduced into the United States House of Representatives. Its supporters claim it would toughen border security, increase enforcement of and criminal penalties for illegal immigration, and establish an employment verification system to identify illegal aliens working in the United States. It would also establish new programs for both illegal aliens and new immigrant workers to achieve legal citizenship. Critics allege that the bill would turn law enforcement agencies into social welfare agencies as it would not allow CBP to detain illegal immigrants that are eligible for Z-visas and would grant amnesty to millions of illegal aliens with very few restrictions.
A B visa is one of a category of non-immigrant visas issued by the United States government to foreign nationals seeking entry for a temporary period. The two types of B visa are the B-1 visa, issued to those seeking entry for business purposes, and the B-2 visa, issued to those seeking entry for tourism or other non-business purposes. In practice, the two visa categories are usually combined and issued as a "B-1/B-2 visa" valid for a temporary visit for either business or pleasure, or a combination of the two. Nationals of certain countries do not usually need to obtain a visa for these purposes.
A J-1 visa is a non-immigrant visa issued by the United States to research scholars, professors and exchange visitors participating in programs that promote cultural exchange, especially to obtain medical or business training within the U.S. All applicants must meet eligibility criteria, English language requirements, and be sponsored either by a university, private sector or government program. 353,300 J-1 visas were issued in 2019.
The M-1 visa is a type of student visa in the U.S. reserved for international students attending vocational schools and technical schools.
Work and Travel USA is a United States Government program that allows foreign university students to travel and work within the United States for several months. Run by the U.S. Department of State, the program has approximately 100,000 participants between ages 18 and 30 each year. Each student is sponsored by an American employer.
Herguan University was a private, unaccredited, university and alleged visa mill in Sunnyvale, California operated by Dr. Ying Qiu Wang. As of 2019, its domain names herguanuniversity.edu and herguanuniversity.org appear to be abandoned.
The Border Security, Economic Opportunity, and Immigration Modernization Act of 2013 was a proposed immigration reform bill introduced by Sen. Charles Schumer (D-NY) in the United States Senate. The bill was co-sponsored by the other seven members of the "Gang of Eight", a bipartisan group of U.S. Senators who wrote and negotiated the bill. It was introduced in the Senate on April 16, 2013 during the 113th United States Congress.
Form I-539, Application to Extend/Change Nonimmigrant Status is one of the forms issued by the United States Citizenship and Immigration Services. It is used by people currently in the United States in a non-immigrant status to change the classification for their status and/or extend their stay with their current status. Both the current status and the status to which the transition is being sought must be non-immigrant visa statuses.
In the United States, the most common visa used for short-term trips is the B visa. This is a combination of the B-1 visa and the B-2 visa. People on B visas are generally not allowed to engage in productive work or study activities. However, in some cases, B visas can be issued that allow people to engage in some types of productive work and learning activity, in lieu of another visa. The three visa categories, for which a B visa could be issued instead, are the H-1B visa, H-3 visa, and J-1 visa. The U.S. Department of State recommends that consular officers clearly annotate such B visas to make the scope of the visa clear to the applicant and the U.S. Customs and Border Protection officer at the port of entry.
The H-1A visa was a visa that was previously available to foreign nationals seeking temporary employment in the United States. These visas were made available to foreign nurses coming into the United States to perform services as a registered nurse in areas with a shortage of health professionals as determined by the Department of Labor. The creation of this visa was prompted by the nursing shortage.
The Summer Work Travel Program is a program founded and maintained by the United States Department of State, which determines the number of students that have a right to take part each year. The program works with private companies that register students into the program and help to provide information and get the necessary documents, including the J-1 visa. Some agencies also help program participants to plan their journey to their future place of work, giving the possibility of purchasing international airline tickets on students tariffs.
