Student and Exchange Visitor Information System (SEVIS) to Begin Implementation July 1, 2002

On July 1, 2002, the INS and State Department are expected to begin implementation of the Student and Exchange Visitor Information System (SEVIS) for approval, entry, tracking, and maintenance of all students and exchange visitors.

On May 16, 2002, the Immigration and Naturalization Service (INS) released a proposed rule to have the new Student and Exchange Visitor Information System (SEVIS) up and running by July 1, 2002. This would be for voluntary participation only; the proposed mandatory compliance date will be January 30, 2003. At that time, all F and M students and dependents must have a SEVIS-generated form in order to enter the United States or to apply for any immigration benefit such as change of nonimmigrant classification, reinstatement, or extension of status. A separate rule to amend the J-1 regulations for the issuance of IAP-66s is expected shortly from the Department of State (DOS), but has not yet been issued. The dates for compliance, however, are expected to be the same.

SEVIS has its origins in Section 641 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996. In that statute, a mandatory tracking system for students and exchange visitors was directed to be developed; a system was already underway at INS. The system, which became SEVIS, is an internet-based system that will enable schools and exchange visitor programs to transmit the information and the event notifications that are required, which currently include terminations in programs or changes of programs (for exchange visitors), electronically to the INS and the Department of State. Currently, all information exchange is done through a paper-based system: the same system that has drawn much criticism of the INS in the wake of the September 11 terrorist attacks, and in particular the lack of adequate tracking of those hijackers who entered through the student system. The rule incorporates the expanded reporting requirements of IIRIRA.

Critics of the SEVIS system have noted that it may be burdensome to many schools, who will undoubtedly have trouble meeting the January 2003 reporting deadline. The Service has asked specifically for comments on the deadline and the difficulties in transitioning to the electronic notification system. The proposed rule also allows for different reporting processes during the transition.

The rule requires that schools who will use SEVIS will have to be recertified prior to enrolling. A separate rule will be issued to provide for preliminary SEVIS enrollment.

In other student news, the Enhanced Border Security and Visa Entry Reform Act (Public Law No. 107-173, formerly H.R.3525) (see below) contains certain transitional provisions that will take effect 120 days after May 14, 2002, and will remain in effect until SEVIS is fully implemented. These provisions require schools with F, M, and J designations to electronically notify the State Department of an alien’s acceptance to their institution before the student or scholar can be issued an F, M or J visa. In addition, the INS must notify the institution when an alien accepted for admission to that institution enters the United States, and the institution must correspond back to the INS within 30 days of the deadline for registering for classes if the alien has failed to enroll. The INS and DOS have not yet issued regulations about how these requirements will be fulfilled.

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