Rule2022-26013
Removal of Obsolete Procedures and Requirements Related to F, J, and M Nonimmigrants
Primary source
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Published
December 12, 2022
Effective
December 12, 2022
Issuing agencies
Homeland Security Department
Abstract
The Department of Homeland Security (DHS) is amending its regulations to update information that is no longer accurate since the creation of the Student and Exchange Visitor Information System (SEVIS). DHS is updating obsolete or unnecessary information because SEVIS, a Web-based system that DHS uses to collect and maintain current and ongoing information on Student and Exchange Visitor Program (SEVP)- certified schools, F-1 and M-1 nonimmigrant students, and J-1 Exchange Visitor Program participants and their sponsors, has replaced older paper-based processes. In addition, DHS is making technical changes to correct typographical errors, update references and citations, and make other needed changes to reflect the transfer of responsibilities to DHS from the Department of Justice (DOJ). Further, this rule removes language requiring original signatures on Form I-17, Petition for Approval of School for Attendance by Nonimmigrant Student or successor form, and clarifies language about the requirement of an original signature on Form I-20, Certificate of Eligibility for Nonimmigrant Student Status or successor form. This rulemaking introduces no substantive changes, does not raise existing costs; and places no additional burden on F, J, and M nonimmigrants, or on sponsoring academic institutions and programs.
Full Text
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<title>Federal Register, Volume 87 Issue 237 (Monday, December 12, 2022)</title>
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[Federal Register Volume 87, Number 237 (Monday, December 12, 2022)]
[Rules and Regulations]
[Pages 75891-75911]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-26013]
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Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
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Federal Register / Vol. 87, No. 237 / Monday, December 12, 2022 /
Rules and Regulations
[[Page 75891]]
DEPARTMENT OF HOMELAND SECURITY
8 CFR Part 214
[DHS Docket No. ICEB-2021-0016]
RIN 1653-AA87
Removal of Obsolete Procedures and Requirements Related to F, J,
and M Nonimmigrants
AGENCY: U.S. Immigration and Customs Enforcement, Department of
Homeland Security.
ACTION: Interim final rule.
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SUMMARY: The Department of Homeland Security (DHS) is amending its
regulations to update information that is no longer accurate since the
creation of the Student and Exchange Visitor Information System
(SEVIS). DHS is updating obsolete or unnecessary information because
SEVIS, a Web-based system that DHS uses to collect and maintain current
and ongoing information on Student and Exchange Visitor Program (SEVP)-
certified schools, F-1 and M-1 nonimmigrant students, and J-1 Exchange
Visitor Program participants and their sponsors, has replaced older
paper-based processes. In addition, DHS is making technical changes to
correct typographical errors, update references and citations, and make
other needed changes to reflect the transfer of responsibilities to DHS
from the Department of Justice (DOJ). Further, this rule removes
language requiring original signatures on Form I-17, Petition for
Approval of School for Attendance by Nonimmigrant Student or successor
form, and clarifies language about the requirement of an original
signature on Form I-20, Certificate of Eligibility for Nonimmigrant
Student Status or successor form. This rulemaking introduces no
substantive changes, does not raise existing costs; and places no
additional burden on F, J, and M nonimmigrants, or on sponsoring
academic institutions and programs.
DATES:
Effective Date: This rule is effective December 12, 2022.
Comment Date: Comments must be received on or before January 11,
2023.
ADDRESSES: You may submit comments on the entirety of this rule, which
must be identified by Docket No. ICEB-2021-0016, through the following
method:
<bullet> Federal eRulemaking Portal: <a href="http://www.regulations.gov">http://www.regulations.gov</a>.
Follow the website instructions to submit comments.
Comments submitted in a manner other than the Federal eRulemaking
Portal, including emails or letters sent to DHS, will not be considered
comments and will not receive a response from DHS. Please note that DHS
cannot accept any comments that are hand delivered or couriered, nor
any comments contained on any form of digital media storage devices,
such as CDs/DVDs and USB drives. If you cannot submit your material
using <a href="http://www.regulations.gov">http://www.regulations.gov</a>, contact the individual listed in the
FOR FURTHER INFORMATION CONTACT section of this document for alternate
instructions.
FOR FURTHER INFORMATION CONTACT: Sharon Snyder, Policy and Response
Unit Chief, Student and Exchange Visitor Program; U.S. Immigration and
Customs Enforcement, 500 12th Street, SW, Stop 5600, Washington, DC,
20536-5600; or by email at <a href="/cdn-cgi/l/email-protection#7e0d1b080e3e171d1b501a160d50191108"><span class="__cf_email__" data-cfemail="7d0e180b0d3d141e185319150e531a120b">[email protected]</span></a> or telephone at 703/603-
3400 (this is not a toll-free number). Find program information at
<a href="http://www.ice.gov/sevis/">http://www.ice.gov/sevis/</a>.
SUPPLEMENTARY INFORMATION:
I. Public Participation
DHS encourages all interested parties to participate in this
rulemaking by submitting data, views, comments, and arguments on all
aspects of this interim final rule. Comments providing the most
assistance to DHS will reference a specific portion of this rule,
explain the reason for any recommended change, and include the data,
information, or authority that supports the recommended change. Under
the guidelines of the Office of the Federal Register, all comments
received will be posted to <a href="https://www.regulations.gov">https://www.regulations.gov</a> as part of the
public record and will include any personal information you have
provided. See the ADDRESSES section above for information on where to
submit comments.
A. Submitting Comments
All comments must be submitted in English, or an English
translation must be provided. If you submit comments, you must include
the DHS docket number for this rulemaking (ICEB-2021-0016), indicate
the specific section of this document to which each comment applies,
and provide a reason for each suggestion or recommendation. Include
data, information, or authority that supports the comment. Your
comments must be submitted online by 11:59 p.m. EST of the last day of
the comment period.
Instructions: To submit your comments online, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a> and insert ``ICEB-2021-0016'' in the ``Search''
box. Click on the ``Comment Now!'' box and input your comments in the
text box provided. When you are satisfied with your comments, click the
``Continue'' box and follow the prompts to submit.
DHS will post comments to the federal e-Rulemaking portal at
<a href="https://www.regulations.gov">https://www.regulations.gov</a> and will include any personal information
you provide. Therefore, submitting this information makes it public.
You may wish to consider limiting the amount of personal information
that you provide in any voluntary public comment submission you make to
DHS. DHS may withhold information provided in comments from public
viewing that it determines is offensive. For additional information,
please read the ``Privacy and Security Notice,'' via the link in the
footer of <a href="http://www.regulations.gov">http://www.regulations.gov</a>. DHS will consider all comments
and materials received during the comment period and may change this
rule based on your comments.
B. Viewing Comments and Documents
To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to <a href="http://www.regulations.gov">http://www.regulations.gov</a> and
insert ``ICEB-2021-0016'' in the ``Search'' box. Click on the ``Open
Docket Folder,'' then click on ``View Comment'' or ``View All'' under
the ``Comments'' section of the page. Individuals without internet
access can make alternate arrangements for viewing comments and
documents related to this rulemaking by contacting the person listed in
the FOR FURTHER INFORMATION CONTACT section
[[Page 75892]]
above. You may also sign up for email alerts on the online docket to be
notified when comments are posted, or a final rule is published.
C. Privacy Act
You may consider limiting the amount of personal information that
you provide in your voluntary public comment submission because anyone
can electronically search comments received in any of DHS's dockets by
the name of the individual submitting the comment (or signing the
comment, if submitted on behalf of an association, business, labor
union, etc.). For additional information, please read the Privacy and
Security Notice posted on <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
II. Table of Abbreviations
Abbreviation, Amplification
CFR Code of Federal Regulations
COVID-19 Coronavirus Disease 2019
DHS Department of Homeland Security
DOJ Department of Justice
DOS Department of State
DSO Designated School Official
EBSVERA Enhance Border Security and Visa Entry Reform Act of 2002
HSPD-2 Homeland Security Presidential Directive-2
ICE U.S. Immigration and Customs Enforcement
IIRIRA Illegal Immigration Reform and Immigrant Responsibility Act
of 1996
INA Immigration and Nationality Act
INS Immigration and Naturalization Service
OMB Office of Management and Budget
SEVIS Student and Exchange Visitor Information System
SEVP Student and Exchange Visitor Program
USCIS U.S. Citizenship and Immigration Services
III. Background and Purpose
On March 1, 2003, when the responsibilities of the former
Immigration and Naturalization Service (INS) transferred from the
Department of Justice (DOJ) to the Department of Homeland Security
(DHS) pursuant to the Homeland Security Act of 2002, Public Law 107-
296, 116 Stat. 2135 (Nov. 25, 2002), the Student and Exchange Visitor
Program (SEVP) and the Student and Exchange Visitor Information System
(SEVIS) function transferred to DHS. Within DHS, U.S. Immigration and
Customs Enforcement (ICE) administers SEVP by ensuring that government
agencies have essential information related to nonimmigrant students
and exchange visitors to preserve national security. For the sake of
simplicity in this preamble, in rules promulgated prior to March 1,
2003, any reference to the INS, or ``the Service'' as it was referred
to in the past, is referred to as DHS, and any reference to the
Attorney General is referred to as the Secretary of Homeland Security
(the Secretary).
A. Legal Authority
Section 102 of the Homeland Security Act of 2002 (Pub. L. 107-296),
116 Stat. 2135), 6 U.S.C. 112, section 103(a)(1) and (3) of the
Immigration and Nationality Act (INA), and 8 U.S.C. 1103(a)(1), (3),
charge the Secretary with the administration and enforcement of
immigration and naturalization laws of the United States to include the
issuance of regulations. Section 214(a) of the INA, 8 U.S.C. 1184(a),
gives the Secretary the authority to prescribe the time and conditions
of admission of any noncitizen as a nonimmigrant.
The INA established who may be admitted as F, J, or M
nonimmigrants. Specifically, section 101(a)(15)(F) of the INA, 8 U.S.C.
1101(a)(15)(F), established the F classification for nonimmigrants who
wish to enter the United States temporarily and solely for the purpose
of pursuing a full course of study at an academic or accredited
language training school certified by SEVP, as well as for the spouses
and minor children of such noncitizens.
Section 101(a)(15)(J) of the INA, 8 U.S.C. 1101(a)(15)(J),
established the J classification for nonimmigrants who wish to come to
the United States temporarily to participate in exchange visitor
programs designated by the Department of State (DOS), as well as for
the spouses and minor children of such noncitizens.
Section 101(a)(15)(M) of the INA, 8 U.S.C. 1101(a)(15)(M),
established the M classification for nonimmigrants who wish to enter
the United States temporarily and solely for the purpose of pursuing a
full course of study at an established vocational or other recognized
nonacademic institution (other than in a language training program)
certified by SEVP, as well as for the spouses and minor children of
such noncitizens.
SEVP collects information related to nonimmigrant students and
exchange visitors under various statutory authorities. Section 641 of
the Illegal Immigration Reform and Immigrant Responsibility Act of 1996
(IIRIRA), Public Law 104-208, 110 Stat. 3009-704 (Sep. 30, 1996)
(codified as amended at 8 U.S.C. 1372) authorized the creation of a
program to collect current and ongoing information from schools and
exchange visitor programs regarding nonimmigrant students and exchange
visitors during the course of their stay in the United States, to be
collected electronically, where practicable. Section 641(e) of IIRIRA
further directed that this information collection system be self-funded
by the nonimmigrant foreign students and exchange visitors. To meet
these requirements, DHS promulgated separate rulemakings that
established the framework for SEVIS; required mandatory compliance for
all schools to use SEVIS for the admission of new F, J, and M
nonimmigrant students; \1\ and provided for the collection of a fee to
be paid by certain nonimmigrants seeking status as F-1, F-3, M-1, or M-
3 nonimmigrant students or as J-1 nonimmigrant exchange visitors.\2\
The DOS placed similar mandatory SEVIS compliance requirements on DOS-
designated Exchange Visitor Program sponsors regarding J
nonimmigrants.\3\
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\1\ Retention and Reporting of Information for F, J, and M
Nonimmigrants; Student and Exchange Visitor Information System
(SEVIS). 67 FR 76256 (Dec. 11, 2002).
\2\ Authorizing Collection of the Fee Levied on F, J, and M
Nonimmigrant Classifications Under Public Law 104-208; SEVIS. 69 FR
39814 (July 1, 2004).
\3\ Exchange Visitor Program: SEVIS Regulations. 67 FR 76307
(Dec. 12, 2002).
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SEVP is managed in accordance with Homeland Security Presidential
Directive-2 (HSPD-2), Combating Terrorism Through Immigration Policies
(Oct. 29, 2001), as amended, and section 502 of the Enhanced Border
Security and Visa Entry Reform Act of 2002, Public Law 107-173, 116
Stat. 543, 563 (May 14, 2002) (EBSVERA). HSPD-2 requires the Secretary
to conduct periodic, ongoing reviews of institutions certified to
accept F nonimmigrants, and to include checks for compliance with
recordkeeping and reporting requirements. EBSVERA directs the Secretary
to review the compliance with recordkeeping and reporting requirements
under 8 U.S.C. 1101(a)(15)(F) and 1372 of all schools approved for
attendance by F students within two years of enactment, and every two
years thereafter. These additional requirements have also been
promulgated in rulemakings.\4\
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\4\ Allowing Eligible Schools to Apply for Preliminary
Enrollment in the Student and Exchange Visitor Information System
(SEVIS), 67 FR 44344 (July 1, 2002); Requiring Certification of all
Service Approved Schools for Enrollment in the Student and Exchange
Visitor Information System (SEVIS), 67 FR 60107 (Sept. 25, 2002);
Adjusting Program Fees and Establishing Procedures for Out-of-Cycle
Review and Recertification of Schools Certified by the Student and
Exchange Visitor Program to Enroll F and/or M Nonimmigrant Students,
73 FR 55683 (Sept. 26, 2008).
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B. Student and Exchange Visitor Information System
SEVP uses SEVIS to maintain information about:
<bullet> SEVP-certified schools;
[[Page 75893]]
<bullet> F-1 students enrolled in academic programs in the United
States (and their F-2 dependents);
<bullet> M-1 students enrolled in vocational programs in the United
States (and their M-2 dependents);
<bullet> DOS-designated Exchange Visitor Program sponsors; and
<bullet> J-1 Exchange Visitor Program participants (and their J-2
spouses and dependents).
SEVIS provides authorized users access to reliable information on
F, J, and M nonimmigrants and their dependents. Schools use SEVIS to
petition SEVP for certification, which allows the school to offer
programs of study to nonimmigrant students. Designated school officials
(DSOs) of SEVP-certified schools use SEVIS to:
<bullet> Update school information and apply for recertification of
the school for the continued ability to issue Form I-20, Certificate of
Eligibility for Nonimmigrant Student Status or successor form, to
nonimmigrant students and their dependents;
<bullet> Issue Form I-20 or successor form to specific
nonimmigrants to obtain F or M status while enrolled at the school;
<bullet> Fulfill the school's reporting responsibility regarding
student addresses, courses of study, enrollment, employment, and
compliance with the terms of the student status; and
<bullet> Transfer the student SEVIS records to other institutions.
Exchange Visitor programs use SEVIS to petition DOS for designation
as a sponsor so they can offer educational and cultural exchange
programs to exchange visitors. Responsible officers of designated
Exchange Visitor programs use SEVIS to:
<bullet> Update sponsor information and apply for re-designation
every two years;
<bullet> Issue Form DS-2019, Certificate of Eligibility for
Exchange Visitor (J-1) Status, to specific individuals to obtain J
status;
<bullet> Fulfill the sponsor's reporting responsibility regarding
exchange visitor addresses, sites of activity, program participation,
employment, and compliance with the terms of the J status; and
<bullet> Transfer the exchange visitor SEVIS records to other
institutions.
Noncitizens must apply to an SEVP-certified school and be accepted
for enrollment as a student. SEVP-certified schools enter the
prospective student's information into SEVIS and issue a Form I-20 or
successor form. The prospective student then presents that endorsed
form when applying for an F or M visa with DOS abroad. Similarly, a
noncitizen must apply to a DOS-designated Exchange Visitor program and
be accepted for enrollment as a basis for applying for a J exchange
visitor visa. The Exchange Visitor program enters the prospective
exchange visitor's information into SEVIS and issues a Form DS-2019.
The prospective exchange visitor then submits that endorsed form when
applying for a J visa with DOS abroad.
At the time of admission into the United States, U.S. Customs and
Border Protection inspection officers will enter information into DHS
systems related to the F, J, or M nonimmigrant's admission. These
systems interface with SEVIS to provide SEVP with entry information
about nonimmigrant students and exchange visitors.
After admission and during the nonimmigrant student and exchange
visitor's stay in the United States, SEVP-certified schools and
Exchange Visitor programs are required to update information about
approved F, J, and M nonimmigrants. SEVIS allows schools and Exchange
Visitor programs to transmit required information electronically about
F, J, and M nonimmigrants throughout the nonimmigrant student and
exchange visitor's stay in the United States.
SEVIS enables DHS and DOS to monitor and ensure proper
recordkeeping and reporting by SEVP-certified schools and Exchange
Visitor programs. Further, SEVIS provides a mechanism for nonimmigrant
student and exchange visitor status violators to be identified so that
appropriate action may be taken (i.e., denial of admission, denial of
benefits, or removal from the United States). Prior to January 2003
(before the creation of SEVIS), enrollment of nonimmigrant students was
an entirely manual and paper-based process, which meant that schools
maintained their own paper records about nonimmigrant students that
were only produced upon request.
C. Need for Rulemaking
This rule removes unnecessary procedures and requirements that
appear at 8 CFR 214.1, 214.2, 214.3, 214.4, 214.12, and 214.13,
governing F, J, and M nonimmigrants since the implementation of SEVIS
in 2003. These changes are necessary to eliminate confusion, improve
clarity, and remove obsolete procedures and requirements used before
the implementation of SEVIS or during the transition to SEVIS.
Additionally, this rule removes language requiring original signatures
on Form I-17 or successor form and clarifies the regulatory language
that implies the requirement for original signatures on Form I-20 or
successor form. Further, technical changes are needed to correct
typographical errors, update references, and reflect changes resulting
from the transfer of responsibilities to DHS from the DOJ (pursuant to
the Homeland Security Act of 2002).
IV. Discussion of Changes
A. General Wording, Style, and Other Changes
This rule makes general wording, capitalization, and style changes.
For example, this rule replaces numeric symbols under 10 with the
corresponding word; inserts indefinite articles where appropriate;
replaces phrases such as ``not pursuing'' with ``no longer pursuing''
and ``full time course of study'' with ``full course of study'';
replaces the word ``shall'' with ``will'' or ``must'' as appropriate;
and corrects spelling mistakes such as replacing ``United Status'' with
``United States.'' Additionally, this rule removes references to
``approval'' and its derivatives and replaces them with ``certify'' and
its derivatives to connote authorization for schools to enroll foreign
students. SEVP previously used both ``certified'' and ``approved''
interchangeably but now seeks to use one consistent term, ``certify''
and its derivatives, to eliminate confusion. Further, this rule updates
terminology from the INS to DHS, SEVP, or U.S. Citizenship and
Immigration Services (USCIS) as appropriate; Commissioner to Secretary;
DHS to SEVP; and district director to SEVP or USCIS, as appropriate.
These updates are necessary to reflect the transfer of certain
functions and responsibilities of the former INS to DHS. Technical
amendments of this nature will apply throughout the sections that are
being amended; therefore, the preamble does not specifically address
these types of changes in the sections below.
B. Revising References
DHS is updating the following references:
<bullet> In Sec. 214.1(b)(1), removing the incorrect reference to
Sec. 214.2(f)(5)(iii), which addresses duration of status during
annual vacation, and replacing it with the correct reference to Sec.
214.2(f)(5)(i), which addresses the general requirements of duration of
status.
<bullet> In Sec. 214.1(b)(1)-(3), removing the reference to 22 CFR
41.125(f) and replacing it with the correct reference to 22 CFR
41.112(d), which is the current section that describes automatic
extension of visa validity at ports of entry.
[[Page 75894]]
<bullet> In Sec. 214.1(h), removing the reference to Sec. 2.1(a)
of 8 CFR Title 8 Chapter I, which no longer exists,\5\ and replacing it
with the correct reference to Sec. 2.1.
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\5\ Authority of the Secretary of Homeland Security; Delegations
of Authority; Immigration Laws, 68 FR 10922 (Mar. 6, 2003).
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<bullet> In Sec. 214.2(f)(2), removing the incorrect reference to
8 CFR 214.3(l)(1)(i) and replacing it with the correct reference to 8
CFR 214.3(l)(1), which provides the definition for ``designated
official.''
<bullet> In Sec. 214.2(f)(9)(ii)(A), removing the reference to
(f)(9)(ii)(B) which is now reserved.\6\
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\6\ See Retention and Reporting of Information for F, J, and M
Nonimmigrants; Student and Exchange Visitor Information System
(SEVIS), 67 FR 76256, 76270 (Dec. 11, 2002).
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<bullet> In Sec. 214.2(f)(9)(iii), removing the reference to Sec.
103.7(b)(1) and replacing it with 8 CFR 106.2(a)(32), which is the
current section that provides the fee for Form I-765.
<bullet> In Sec. Sec. 214.3(a)(1), 214.3(a)(2)(i)-(iv), and
214.3(h)(1), removing references to 101(a)(15)(F)(i) and
101(a)(15)(M)(i) and replacing it with the correct references to
101(a)(15)(F) and 101(a)(15)(M), respectively. These references were
erroneous when DHS promulgated this paragraph.
<bullet> In Sec. 214.3(a)(2)(v)(C), correcting the statutory
reference to the definition for an adult education program under the
Adult Education and Family Literacy Act of 1998, which was amended by
Public Law 113-128. DHS notes that the statutory definition for an
adult education program has changed from a focus on limiting who can
benefit from the program to a new focus on what the program is intended
to accomplish, regardless of who benefits. DHS will review the impact
of this statutory change and may consider future rulemaking upon
completion of this review.
<bullet> In Sec. 214.3(e)(8), removing the reference to 8 CFR
214.4(i)(3) and replacing it with 8 CFR 214.4(i)(2), which describes
the process for determining the date of SEVIS access termination.
<bullet> In Sec. 214.3(h)(1)(i), removing the reference to 8 CFR
106.2 and replacing it with 8 CFR 103.7(d)(2), which is the current
paragraph that provides the fee for Form I-17 when filed with SEVP.
<bullet> In Sec. 214.3(l)(1), correcting the cross-references that
use the term ``designated official'' in Sec. 214.4.
<bullet> In Sec. 214.4(a)(2), removing references to 8 CFR
214.3(h)(3)(v), 101(a)(15)(F)(i), and 101(a)(15)(M)(i) and replacing
them with the correct references to 8 CFR 214.3(h)(2)(v),
101(a)(15)(F), and 101(a)(15)(M), respectively. These references were
erroneous when DHS promulgated this paragraph.
<bullet> In Sec. 214.4(a)(3), removing the erroneous reference to
8 CFR 214.3(h)(1), which provides only one part of the certification
requirements, and replacing it with 8 CFR 214.3(h), which provides the
entire certification process, including the process for filing a
petition, site visits, adjudication, recertification, and denials.
<bullet> In Sec. 214.4(h), removing the reference to 8 CFR
103.7(b)(1)(ii)(O) and replacing it with 8 CFR 103.7(d)(15), which is
the current paragraph that provides the fee for Form I-290B, Notice of
Appeal or Motion, when filed with SEVP.
<bullet> In Sec. 214.13(g)(1)(i), removing the reference to 8 CFR
103.7(a)(1) and replacing it with 8 CFR 103.7(d)(8), which is the
current section that provides the fee for Form I-901, Fee Remittance
for Certain F, J, and M Nonimmigrants.
C. Forms
DHS is removing all references to obsolete and paper-based versions
of nonimmigrant forms that include multiple copies and pages,
designated by letter identifiers (i.e., Form I-20A-B, I-20ID, and I-
20M-N), for retention by the nonimmigrant student or to support
administrative processing. Administrative functions related to current
information on nonimmigrant students and exchange visitors are
performed in SEVIS, which eliminates the need for multiple copies.
Further, SEVIS no longer issues separate identifiers for Forms I-20 for
F-1 nonimmigrant students (formerly Form I-20A-B) and for M-1
nonimmigrant students (formerly Form I-20M-N). Nonimmigrant students
must still retain a copy of the Form I-20 for travel and employment
purposes, but the student copy identifier (i.e., Form I-20ID) is no
longer used. All references to copies and pages of forms are removed
and references to forms with letter identifiers are replaced with new
references to Form I-20.
In Sec. 214.3(a)(1)(ii) and 214.3(h)(2)(i), DHS is removing all
references to obsolete and paper-based versions of supplements for Form
I-17 designated by letter identifiers (i.e., supplements A and B). In
2014, Form I-17 was updated and the information listed in supplements A
and B was consolidated into the current Form I-17. Thus, supplements A
and B no longer exist and references to these supplements are removed
from Sec. 214.3(a)(1)(ii) and 214.3(h)(2)(i).
In Sec. 214.1(b)(2)(iv), DHS is removing references to Form IAP-
66, Certificate of Eligibility, and replacing it with Form DS-2019,
which is the most current DOS form for the J-1 Exchange Visitor
program.
D. Administrative Procedures
In Sec. 214.1(b)(2)(iv), DHS is removing language that non-DHS
forms must be endorsed by the INS and replacing it with language that
the forms be properly endorsed. This language provides the flexibility
required to ensure forms are endorsed by the proper individuals,
including those external to DHS. For example, Form DS-2019 requires
signature by the responsible officer or alternate responsible officer
approved by the DOS.
In Sec. 214.2(f)(1)(ii)(D) and (m)(1)(ii), DHS is removing
references to administrative procedures requiring inspecting officers
at ports of entry to forward Form I-20 to a centralized data-entry
location. These procedures were eliminated with the implementation of
SEVIS.
In Sec. 214.2(f) and (m), DHS is removing all references to
administrative procedures directing DSOs and Exchange Visitor program
responsible officers to submit reports to DHS on nonimmigrant status by
mail to data-entry locations. These procedures were eliminated with the
implementation of SEVIS, and references to Form I-538, Certification by
Designated School, which supported paper-based reporting procedures,
are also now obsolete because reporting is now done in SEVIS.
In Sec. 214.2(f) and (m), DHS is removing all references to
submission of employment, internship, and extension-related
applications to Service Centers that have jurisdiction over an
applicant's residence or to a school that the student is authorized to
attend. DHS is also removing language that specifies the manner in
which a submission is made (i.e., by mail) to a Service Center.
Previously, USCIS Service Centers were responsible for applications
received within a certain geographic region; however, today the
instructions for each form dictate to which USCIS Service Center
submissions should be sent. To eliminate any confusion and provide
flexibility with regard to any future changes in how USCIS Service
Centers operate or how submissions are made (e.g., mail, electronic),
DHS is removing this specific language.
In Sec. 214.4(a)(2)(viii), DHS is removing the reference to the
submission of paper copies of the Form I-17 to SEVP to align with
current practice. Form I-17 or successor form must now be submitted
electronically in SEVIS.
[[Page 75895]]
E. Original Signatures
In Sec. 214.3, DHS is removing references to original signatures
and sample signatures for the Form I-17 or successor form to allow
greater flexibility to adopt electronic signatures. Currently, DSOs
input information required for the Form I-17 in SEVIS, which then
generates Forms I-17 that schools print to obtain the required
signatures. Once original signatures are obtained, DSOs scan and
electronically submit the Form I-17 via upload in SEVIS. Although DSOs
are obtaining original signatures on the Form I-17, what is submitted
in SEVIS is a digitally reproduced copy of an original signature. Also,
DHS is allowing DSOs to use electronic signature software to sign Form
I-17.\7\ This change will align with practices allowed during the
Coronavirus Disease 2019 (COVID-19) pandemic and enable the use of
electronic signatures. Further, this change will reduce the burden on
DSOs of having to obtain an original signature from other DSOs, as well
as other school officials (e.g., president, owner, head of the school)
located on different campuses, which may require the transportation of
the Form I-17 through various physical means (e.g., mail, courier) to
collect the required signatures.
---------------------------------------------------------------------------
\7\ ICE Frequently Asked Questions for SEVP Stakeholders about
COVID-19, <a href="https://www.ice.gov/doclib/coronavirus/covid19faq.pdf">https://www.ice.gov/doclib/coronavirus/covid19faq.pdf</a>
(last visited July 2021).
---------------------------------------------------------------------------
Similarly, DHS is removing the terms ``original'' and ``print''
when referencing Form I-20 in Sec. 214.2(f) and (m). Unlike the
regulatory text for Form I-17, which specifically required an original
signature, the regulatory text for Form I-20 uses the phrase ``properly
endorsed'' and never specifically required an original signature.
However, the regulation alluded to this requirement by referring to the
student's original Form I-20; the presentation of an original Form I-20
for the admission of a spouse and minor children of an F-1 or M-1
student into the United States; and requirements that the DSO print the
Form I-20 when providing a recommendation or approval for practical
training. The term ``original'' could refer to the first Form I-20
properly endorsed for a student, and not necessarily refer to the
requirement of an original signature. Furthermore, the reference to
``printing'' could refer to printing Form I-20 after it has been
properly endorsed using electronic means. As a result of this
ambiguity, DHS believes these changes are necessary to clarify that the
regulations do not require an original signature for Form I-20 or
successor form and that schools may instead use electronic means to
sign and transmit the Form I-20 or successor form to continuing and
prospective nonimmigrant students.\8\ DHS will continue to rely on
guidance and policy to address signature requirements for Form I-20 or
successor form.
---------------------------------------------------------------------------
\8\ See SEVP Policy Guidance--Use of Electronic Signatures and
Transmission for the Form I-20, Oct. 12, 2021, <a href="https://www.ice.gov/doclib/sevis/pdf/I20-guidance.pdf">https://www.ice.gov/doclib/sevis/pdf/I20-guidance.pdf</a> (last visited December 2021).
---------------------------------------------------------------------------
F. Middle Schools and Parochial Schools
In Sec. 214.3, DHS is clarifying that references to private
elementary and secondary schools are inclusive of private middle
schools. DHS's regulations under 8 CFR part 214 have not been
consistent with the use of ``private middle school.'' For example,
Sec. 214.2(f)(6)(i)(E) specifies that a full course of study includes
``[s]tudy in a curriculum at an approved private elementary or middle
school or public or private academic high school . . .''; however,
Sec. 214.3(a)(2)(i)(E) and (F) only refer to an academic high school
and private elementary school, respectively. Historically, DHS has
interpreted elementary schools (both public and private) to include
grades kindergarten through eight, while secondary schools (both public
and private) include grades nine through 12; however, to eliminate any
confusion from the public, DHS is adding ``middle'' to various
paragraphs in Sec. Sec. 214.3(a), (b), (c) and 214.13(a) when
referencing private elementary and secondary schools. DHS is also
removing the term ``parochial'' in Sec. 214.3(b) when referring to
private elementary, middle, or secondary schools to eliminate any
confusion that parochial schools are distinct from private schools.
G. Licensed Medical Professionals
DHS is revising language to Sec. Sec. 214.2(f)(6)(iii)(B) and
214.2(m)(9)(vi) to clarify that a psychiatrist or licensed psychologist
is qualified to provide documentation to substantiate a nonimmigrant
student's illness or medical condition for the purposes of obtaining
authorization for a reduced course load. These sections currently
require documentation from ``a licensed medical doctor, doctor of
osteopathy, or licensed clinical psychologist'' \9\ to enable a DSO to
authorize a ``reduced course load (or, if necessary, no course load)''
\10\ for F-1 nonimmigrant students or ``less than full course of
study'' \11\ for M-1 nonimmigrant students. DHS believes the current
regulatory text in these paragraphs covers licensed psychologists,
however, the current text could be interpreted to limit acceptable
documentation for the DSO to consider due to a state's licensing
practices. For example, the requirement for a licensed clinical
psychologist poses significant challenges for a nonimmigrant student
who resides in a state where the licensing board does not have a
clinical psychologist designation.\12\ A nonimmigrant student residing
in such a state would be unable to obtain medical documentation if
solely relying on a licensed psychologist to substantiate an illness or
medical condition and thus might not receive a reduced course load.
This revision would provide clarity to a student residing in such a
state that they may obtain medical documentation from a psychiatrist or
licensed psychologist. DHS believes this revision will lessen the
burden on eligible nonimmigrant students by clarifying that DSOs may
consider documentation from either a psychiatrist or a licensed
psychologist.
---------------------------------------------------------------------------
\9\ 8 CFR 214.2(f)(6)(iii)(B) and 8 CFR 214.2(m)(9)(vi).
\10\ 8 CFR 214.2(f)(6)(iii)(B).
\11\ 8 CFR 214.2(m)(9)(vi).
\12\ Florida Board of Psychology, Licensing and Registration,
<a href="https://floridaspsychology.gov/licensing/">https://floridaspsychology.gov/licensing/</a> (last visited August
2021).
---------------------------------------------------------------------------
H. Obsolete Language
In Sec. 214.2(f) and (m), DHS is removing all language pertaining
to the use of non-SEVIS forms that have not been valid since August 1,
2003. During the transition to SEVIS, nonimmigrant students and their
dependents seeking admission to the United States prior to August 1,
2003, could present a non-SEVIS Form I-20 issued prior to January 30,
2003. This temporary exception expired on August 1, 2003, and all SEVP-
certified schools are required to use SEVIS to issue Form I-20; any
Form I-20 not generated by SEVIS is invalid. Similarly, all references
to SEVIS that precede a reference to Form I-20 (i.e., SEVIS Form I-20)
are removed, because they are redundant.
In Sec. 214.2, DHS is removing all references to the distinction
between SEVIS and non-SEVIS schools for purposes of transferring
nonimmigrant records between SEVP-certified or DOS-designated sponsors
and unauthorized institutions or programs, requesting authorization for
employment or training, reinstating student status, and maintaining
current name and address. These procedures were allowed during the
transition to SEVIS but are no longer accepted, since all SEVP-
certified schools are required to use SEVIS to
[[Page 75896]]
issue Form I-20 or successor form and comply with its recordkeeping and
reporting requirements. Additional non-substantive changes are being
made for brevity and clarity as a result of removing and revising
paragraphs to remove this obsolete language.
DHS is removing Sec. 214.3(h)(2)(vi), which allowed for an
adjustment of the certification expiration date for the first cycle of
recertification until after DHS promulgated regulations that
established procedures for the oversight and recertification of schools
for attendance by F or M nonimmigrant students. Those regulations were
promulgated on September 26, 2008 to provide extra time for the
transition.\13\ Specifically, schools eligible for recertification
before March 25, 2009, at a minimum, had their expiration date extended
to March 25, 2009. All schools have completed the first cycle of
recertification; therefore, this language is obsolete.
---------------------------------------------------------------------------
\13\ Adjusting Program Fees and Establishing Procedures for Out-
of-Cycle Review and Recertification of Schools Certified by the
Student and Exchange Visitor Program to Enroll F and/or M
Nonimmigrant Students, 73 FR 55683 (Sept. 26, 2008).
---------------------------------------------------------------------------
DHS is removing Sec. 214.4(a)(4). This paragraph was added during
the transition to SEVIS, encouraging schools to submit an electronic
Form I-17 no less than 75 days prior to the SEVIS mandatory compliance
deadline to allow time for adjudication by DHS and stating that a
school's approval would be automatically withdrawn as of the day
following the SEVIS mandatory compliance date.\14\ The SEVIS mandatory
compliance date was February 15, 2003; \15\ thus, the language in this
paragraph is obsolete.
---------------------------------------------------------------------------
\14\ Requiring Certification of all Service Approved Schools for
Enrollment in the Student and Exchange Visitor Information System
(SEVIS), 67 FR 60107, 60108 (Sept. 25, 2002); Adjusting Program Fees
and Establishing Procedures for Out-of-Cycle Review and
Recertification of Schools Certified by the Student and Exchange
Visitor Program to Enroll F and/or M Nonimmigrant Students, 73 FR
55683, 55702 (Sept. 26, 2008) (redesignated 8 CFR 214.4(a)(3) as 8
CFR 214.4(a)(4)).
\15\ U.S. DOJ OIG Report, Follow-up Review on the Immigration
and Naturalization Service's Efforts to Track Foreign Students in
the United States through the Student and Exchange Visitor
Information System, Report No. I-2003-003, March 2003, <a href="https://oig.justice.gov/reports/INS/e0303/background.htm">https://oig.justice.gov/reports/INS/e0303/background.htm</a> (last visited July
2021).
---------------------------------------------------------------------------
DHS is removing and reserving Sec. 214.12, Preliminary enrollment
of schools in SEVIS, because the information is obsolete. DHS allowed
eligible schools to apply for preliminary enrollment in SEVIS beginning
July 1, 2002, until the later of August 16, 2002, or the date DHS began
the SEVIS full-scale certification process.\16\ On September 25, 2002,
DHS published a rule implementing the full-scale certification process
that required all schools not already approved to use SEVIS, including
a school that would have been eligible for preliminary enrollment under
Sec. 214.2, to undergo the full certification process, thus closing
the preliminary enrollment period.\17\ Further, schools that were
granted preliminary enrollment in SEVIS pursuant to Sec. 214.12 were
required to apply for certification and pay the certification fee prior
to May 14, 2004. Neither DHS nor schools rely on this section for
purposes of current SEVIS enrollment.
---------------------------------------------------------------------------
\16\ Allowing Eligible Schools to Apply for Preliminary
Enrollment in the Student and Exchange Visitor Information System
(SEVIS), 67 FR 44344 (July 1, 2002).
\17\ Requiring Certification of all Service Approved Schools for
Enrollment in the Student and Exchange Visitor Information System
(SEVIS), 67 FR 60107, 60108 (Sept. 25, 2002).
---------------------------------------------------------------------------
DHS is removing paragraph Sec. 214.13(b)(3), which provided an
exception to the fee requirement for nonimmigrant students or exchange
visitors whose Form I-20 or Form DS-2019 for initial attendance was
issued on or before August 31, 2004. As of September 1, 2004, potential
nonimmigrants who are seeking status as F-1, F-3, M-1, or M-3 students
or as J-1 exchange visitors are required to pay a fee.\18\ SEVP has
determined that it would not be possible for any student to travel with
a Form I-20 issued on or before August 31, 2004, at this time as there
would be significant changes to the information on the form that would
require a new form to be printed. Therefore, DHS is removing this
paragraph because the exception it provides is no longer relevant.
---------------------------------------------------------------------------
\18\ Authorizing Collection of the Fee Levied on F, J, and M
Nonimmigrant Classifications Under Public Law 104-208; SEVIS, 69 FR
39814 (July 1, 2004).
---------------------------------------------------------------------------
I. Clarifying and Organizational Revisions
DHS is adding language to the introductory paragraph in Sec.
214.2(m)(9) to mirror the language in Sec. 214.2(f)(6)(i). Section
214.2(f)(6)(i) provides the general introductory requirements for a
full course of study for F-1 nonimmigrant students--a course of study
at an SEVP-certified institution that leads to the attainment of a
specific educational or professional objective--and further specifies
additional requirements in the subsequent subparagraphs (i.e., Sec.
214.2(f)(6)(i)(A) through (H)). Similarly, Sec. 214.2(m)(9) follows
the same format by providing the general introductory requirements for
a full course of study for M-1 nonimmigrant students--a course of study
that leads to the attainment of a specific educational or vocational
objective--and further specifies additional requirements in the
subsequent subparagraphs (i.e., Sec. 214.2(m)(9)(i) through (iv)). DHS
is adding language to Sec. 214.2(m)(9) to reiterate that a course of
study at a non-SEVP-certified institution does not satisfy the full
course of study requirements. The addition of this language does not
add any new requirements; rather it reiterates a requirement that is
ubiquitous in this section and maintains consistency with Sec.
214.2(f)(6)(i).
DHS is revising Sec. 214.3(a)(3)(ii) by adding the word ``and'' to
connect paragraphs (a)(3)(ii)(A) and (a)(3)(ii)(B). This was an
inadvertent omission when this paragraph was promulgated and does not
change how this paragraph has been applied or understood by schools.
DHS is revising Sec. 214.3(b) and (c) to break up the paragraphs
into multiple subparagraphs organized by topic (e.g., licensure,
approval, and accreditation documents; school operations information)
and type of school (e.g., public schools; private elementary, middle,
and secondary schools; and private institutions of higher learning) and
removing redundant and superfluous language. The changes add clarity
and brevity but no new requirements.
In Sec. 214.3(e)(8) and 214.4(i)(2), DHS is removing the word
``initial'' for clarity. This paragraph refers to notice of SEVIS
access termination in general and is not limited to a termination
resulting from an initial denial or withdrawal of a school's
certification. The removal does not change how this paragraph has been
applied or understood by schools.
In Sec. 214.4(a)(3)(iii), DHS is revising the first and third
sentences for brevity and clarity. In the first sentence, DHS is
restructuring the sentence to clarify that automatic withdrawal under
this section can occur for two reasons--failure to update a change of
ownership in accordance with 8 CFR 214.3(h)(1) or properly file a new
petition. In the third sentence, DHS is adding language to reiterate
that failure to file a new petition within the allowable 60-day
timeframe will result in SEVP instituting withdrawal proceedings. Both
adjustments to the existing language are for clarity and add no new
requirements.
In Sec. 214.4(h), DHS is removing the phrase ``of the approval''
in the second sentence because it is superfluous. Section 214.4 is
titled ``Denial of certification, denial of recertification, or
[[Page 75897]]
withdrawal of SEVP certification,'' and the regulatory text within this
section addresses the aftermath of a denial or withdrawal of
certification or recertification. Specifically, Sec. 214.4(h)
addresses the ability of a school to appeal a denial or withdrawal. DHS
believes the phrase ``of the approval'' is unnecessary as it is evident
by the section heading and the regulatory text that an appeal is
referring to the denial of a certification or recertification or
withdrawal of a certification. Further, this change is consistent with
the first sentence of this paragraph, which does not use the phrase
``of the approval'' when referring to a denial or withdrawal. The
change does not alter how this paragraph has been applied or understood
by schools.
V. Statutory and Regulatory Requirements
DHS developed this rule after considering numerous statutes and
executive orders related to rulemaking. The below sections summarize
the analyses based on a number of these statutes or executive orders.
A. Administrative Procedure Act: Good Cause Exception
An agency may forgo notice and comment required under the
Administrative Procedure Act (APA), 5 U.S.C. 553(b)(B), if the agency
for good cause finds that compliance would be impracticable,
unnecessary, or contrary to the public interest.
Notice and comment is unnecessary when agencies make minor or
technical determinations involving little to no agency discretion. See
Mack Trucks, Inc. v. EPA., 682 F.3d 87, 94 (D.C. Cir. 2012) (``This
prong of the good cause inquiry is `confined to those situations in
which the administrative rule is a routine determination, insignificant
in nature and impact, and inconsequential to the industry and to the
public.''') (quoting Util. Solid Waste Activities Grp. v. EPA, 236 F.3d
749, 755 (D.C. Cir. 2001)). An agency may also bypass the APA's 30-day
publication requirement if good cause exists. 5 U.S.C. 553(d)(3).
DHS finds there is good cause under the provisions of 5 U.S.C.
553(b)(B) to publish this rule without delay. The rule does not change
the eligibility requirements governing any immigration benefit, nor
will not confer rights or obligations on any party. It involves no
discretionary actions by SEVP, introduces no substantive changes, does
not raise existing costs, and places no additional burden on F, J, and
M nonimmigrants, or on sponsoring academic institutions and programs
(those members of the public directly impacted by SEVIS). This rule
improves regulatory clarity by updating form names, removing outdated
information and references to unnecessary or obsolete procedures and
requirements, and correcting typographical errors. For these reasons,
there is sufficient good cause under 5 U.S.C. 553(d)(3) to bypass
public comment and the 30-day publication requirement.
This rule will be effective upon publication in the Federal
Register. As noted above, this interim final rule will have a 30-day
comment period that will allow F, J, and M nonimmigrants and sponsoring
academic institutions and programs the opportunity to provide their
input on the rule. DHS provided a full explanation of each change in
the preamble of this Rule and believes all these changes are technical
and non-substantive in nature. However, DHS will take those comments
into consideration when deciding whether any modifications to this rule
are warranted.
B. Executive Orders 12866 and 13563
Executive Orders 12866 (``Regulatory Planning and Review'') and
13563 (``Improving Regulation and Regulatory Review'') direct agencies
to assess the costs and benefits of available regulatory alternatives
and, if regulation is necessary, to select regulatory approaches that
maximize net benefits (including potential economic, environmental,
public health, and safety effects, distributive impacts, and equity).
Executive Order 13563 emphasizes the importance of quantifying both
costs and benefits, reducing costs, harmonizing rules, and promoting
flexibility.
This rulemaking has not been designated a ``significant regulatory
action'' under section 3(f) of Executive Order 12866. Accordingly, the
rule has not been reviewed by the Office of Management and Budget
(OMB).
This rule removes unnecessary procedures and requirements in 8 CFR
214.1, 214.2, 214.3, 214.4, 214.12, and 214.13 that govern F, J, and M
nonimmigrants. These changes are necessary to improve clarity and
remove obsolete or unnecessary information that no longer applies since
the implementation of SEVIS. This rulemaking introduces no substantive
changes; does not raise existing costs; and places no additional burden
on F, J, and M nonimmigrants or their sponsoring academic institutions
and programs.
Summary of the Analysis
DHS estimates that the interim final rule will have no costs and
will result in quantifiable cost savings and additional unquantifiable
benefits. As shown in Table 1, DHS estimates the interim final rule
will have a 10-year annualized monetized cost savings of $22,881 in
2021 dollars (for both 3 and 7 percent discount rates) and unquantified
benefits with regard to convenience, time savings, and improvements to
the environment from reduced paper use. It will also have minor,
qualitative costs on F and M nonimmigrant students associated with
printing documents. Table 1 summarizes the findings of this regulatory
impact analysis.
Table 1--OMB Circular A-4 Accounting Statement 2021 Dollars
------------------------------------------------------------------------
Category Impact Source
------------------------------------------------------------------------
Benefits
------------------------------------------------------------------------
Annualized Monetized Benefits
($ Million):
(3%)..................... $0.02................ RIA.
(7%)..................... $0.02................ RIA.
Annualized Quantified, but
Unmonetized, Benefits.
Unquantified Benefits........ Convenience and time RIA.
savings in signature
collection.
Reduced Paper Use....
------------------------------------------------------------------------
Costs
------------------------------------------------------------------------
Annualized Monetized Costs ($
Million):
(3%)..................... No Cost.............. RIA.
(7%)..................... No Cost.............. RIA.
[[Page 75898]]
Annualized Quantified, but No Cost.............. RIA.
Unmonetized, Costs.
------------------------------------------------------------------------
Transfers
------------------------------------------------------------------------
Annualized Monetized
Transfers.
From Whom to Whom.
------------------------------------------------------------------------
Other Analyses
------------------------------------------------------------------------
Effects on State, Local, and/ No Impact............ IFR.
or Tribal Governments.
Effects on Small Business.... No Impact............ IFR.
Effects on Wages.
Effects on Growth.
------------------------------------------------------------------------
Baseline
This section details the regulatory baseline for this interim final
rule. Table 2 below provides a summary of the anticipated changes to
baseline conditions.
Table 2--Baseline Analysis of Interim Final Rule
----------------------------------------------------------------------------------------------------------------
Benefit impact to
Provision Description of Affected Cost impact to affected
change population affected population population
----------------------------------------------------------------------------------------------------------------
Original Signatures for Form I-17 Removing original SEVP-certified None................ Cost savings for
signature schools. schools in
requirement to reducing the
allow for time needed for
greater freedom school officials
in adopting to physically
electronic sign forms for
signature and electronic
transmission of filing.
documents.
All Other Technical Revisions.... Changing the School officials, None................ The benefit of
wording in the students, and the rule's
rule to promote others who need greater clarity,
clarity and to understand accuracy, and
consistency, and follow the currency and the
remove obsolete requirements of promotion of an
language, and the rule, overall better
codify including legal understanding of
procedures and practitioners the rule.
practices. and school
administrators.
----------------------------------------------------------------------------------------------------------------
The baseline is the state-of-the-world prior to the COVID-19
pandemic, in which all signatures on Form I-17 documents were required
to be original, rather than electronic. It also includes all of the
previous wording in SEVP regulations that would remain unchanged if the
rule does not take effect.
Analytical Considerations and Assumptions
SEVP certifies qualifying schools and grants them access to SEVIS.
DSOs at these SEVP-certified schools are their primary respondents. As
employees of SEVP-certified schools, DSOs collect and enter the
required information directly into SEVIS. That data is used to populate
Form I-17 and Form I-20. DSOs carry nearly all of their school's
reporting burden.
This rule will remove obsolete procedures and requirements and
clarify regulatory language associated with SEVP. The only quantifiable
economic impact will result from DHS allowing electronic signatures to
replace original signatures on Form I-17 documents, which DSOs must
prepare and send electronically to ICE. This change has been in place
since 2020, as a result of the COVID-19 allowances that DHS
implemented. However, prior to those allowances, DSOs were required to
prepare their own paper copies of the Form I-17 documents, with the
original signatures of each DSO who was required to sign the form, as
well as the president, owner, or head of the school. Furthermore, many
of those original signatures on any given Form I-17 document had to be
made on the same piece of paper (on any pages in the document having
space for more than one signature), thus requiring that piece of paper
to be physically delivered to each individual who needed to sign their
name on the same page. Within the same school, the DSOs who need to
sign the same page of the Form I-17 may be located in different
buildings on the same campus, or even on different campuses for schools
with more than one campus location. Consequently, the signing of the
Form I-17 often required the transport of the same paper document among
individuals in different locations and required coordination among them
and other school officials to complete the process.
During the pandemic, DHS has allowed DSOs to use electronic
signature software to sign Form I-17, rather than requiring original
signatures. This has enabled DSOs to electronically sign the form
rather than signing a paper document that must be circulated among the
various school officials. DSOs can also generate completed Form I-17
documents electronically, without needing to scan the signed paper
documents before sending them electronically to ICE. In this rule, DHS
is allowing these cost savings and conveniences to continue permanently
after the pandemic is sufficiently mitigated and the COVID-19-related
flexibilities are no longer in effect.
The other changes proposed in the rule are changes in wording that
have largely become obsolete and irrelevant, such as references to
``INS'' or references to procedures that are no longer implemented.
These revisions will improve the clarity, accuracy, and currency of the
rule for school officials,
[[Page 75899]]
students and others who need to read and understand these regulations.
Analytical Considerations
In accordance with the regulatory analysis guidance articulated in
OMB's Circular A-4, this regulatory analysis focuses on the likely
consequences of the interim final rule relative to what would happen in
its absence. DHS expresses all quantifiable impacts in 2021 dollars and
uses discount rates of 3 and 7 percent, pursuant to Circular A-4.
DHS divided the analysis into two general categories: (1) the
effects of DHS allowing Form I-17 documents to be signed and
transmitted electronically after the COVID-19-related allowances no
longer apply; and (2) the effects of revisions in language, references,
and stated procedures to improve the accuracy and clarity of SEVP-
related regulations and to codify practices that have already been
adopted. Of these two areas of the analysis, DHS determined that only
the first (involving electronic signing and transmission of Form I-17)
is amenable to quantitative analysis and to the estimation of benefits
and costs. DHS determined that the second area (textual changes to
improve clarity and understanding of the regulations) is not amenable
to quantitative measures. DHS made this determination based on the many
ambiguities that would exist in any efforts to define and measure such
concepts as ``clarity,'' or to define and measure the extent to which
individuals would benefit from such improvements in clarity (such as in
time savings or levels of comprehension). Nevertheless, DHS determined
that qualitative descriptions of this second area would be sufficient
to justify the changes.
Although DHS determined that the electronic signing and
transmission of the Form I-17 documents can be quantitatively analyzed,
DHS also recognized that a key analytical question facing such an
analysis is which base year, or benchmark year, DHS should use.
Although data are currently available for the numbers of F and M
nonimmigrant students registered in SEVIS in 2020 and the spring term
of 2021, these numbers are historically much smaller than the ones that
would be expected for nonimmigrant students in the absence of the
COVID-19 pandemic. SEVIS data shows there was a 72 percent decrease in
new international student enrollment in calendar year 2020 when
compared to calendar year 2019.\19\
---------------------------------------------------------------------------
\19\ SEVIS by the Numbers Report, SEVP 2020, <a href="https://www.ice.gov/doclib/sevis/pdf/sevisBTN2020.pdf">https://www.ice.gov/doclib/sevis/pdf/sevisBTN2020.pdf</a> [last accessed July
2021].
---------------------------------------------------------------------------
The benefits and costs of the interim final rule, however, would be
in relation to the expected outcomes when the COVID-19 allowances are
no longer in effect since the changes in the rule are only applicable
at that time. DHS therefore determined that 2019 is the most
representative year for estimating the number of F and M nonimmigrant
students who would be affected by the rule, since 2019 was the last
year prior to the effects of the pandemic on F and M nonimmigrant
student enrollments. Given the degree of uncertainty in predicting F
and M nonimmigrant student enrollments in the future, DHS determined
that a more in-depth analysis into trends over time in such enrollments
would likely not be any more reliable than DHS using the levels in 2019
as a baseline.
DHS identified one effect of the rule, with regard to electronic
signatures for the Form I-17, that could provide an additional benefit.
As mentioned previously, one of the advantages of electronic signatures
is that paper documents no longer need to physically travel to each
person who signs the form. DHS allowance of electronic signatures
avoids resources being spent by the school to transport these documents
from one place to another for the required school officials to sign
them. It also avoids resources being spent to place the documents in
envelopes and address them and then for other individuals to open the
envelopes and sign the documents.
DHS is unable to quantify this potential cost savings. DHS does not
have data on how many people on average need to sign the form and how
far away they are from each other (such as whether they have offices
adjacent to each other or they are at campuses in different cities).
Adding to the uncertainty would be whether the transport of these
documents occurred along with other documents between the offices, so
that no separate delivery was required to transport them individually.
The burden of these original signatures would depend on whether school
employees needed to take extra time to transport the documents
separately from other documents delivered via intra-campus mail. DHS
also does not have data on the time needed to produce electronic
signatures, which would then need to be subtracted from the time needed
to sign the paper documents for DHS to estimate the cost savings of
electronic signatures. For example, if the mechanisms for officials to
electronically sign documents are easily observed on their computers,
it might not take very long to sign. However, if officials must follow
complicated procedures on their computer to provide those electronic
signatures, then it might take more time to sign.
Time Horizon for the Analysis
DHS estimates the economic effects of this interim final rule will
be sustained indefinitely. ICE used a 10-year timeframe (from 2022
through 2031) to outline, quantify, and monetize the costs and benefits
of the rule, and to demonstrate its net effects.
Affected Population
This interim final rule affects two types of entities: (1) SEVP-
certified schools (and the DSOs who work for those SEVP-certified
schools), and (2) any individuals and organizations that might benefit
from improvements in the way the rule is written, including offices
within DHS that interact with the affected SEVP-certified schools, and
various U.S.-based and international organizations that may assist or
represent F and M nonimmigrant students. In 2019, SEVP-certified
schools submitted via SEVIS upload a total of 7,062 distinct Form I-17
documents to ICE.
Costs of the Rule
DHS determined that there are no costs associated with the rule.
When considering the cost of the rule, DHS determined that there are no
costs for SEVP-certified schools to develop information-technology
capabilities to electronically sign and transmit documents. DHS assumes
that SEVP-certified schools already have the necessary information
technology capabilities in place to electronically sign and transmit
the Form I-17 documents.
Cost Savings
DHS estimated the cost savings to SEVP-certified schools if paper
copies and original signatures are no longer needed for the Form I-17
documents in accordance with the interim final rule. Table 3 displays
these cost savings, estimated at $22,881, in 2021 dollars, per year.
This cost-savings estimate is based on 7,062 Form I-17 documents
submitted to ICE in 2019. Without the interim rule in place, DSOs would
have to provide their original signatures on the Form I-17, as they did
before the COVID-19 pandemic. DSOs would then need to scan these
documents and send an electronic copy of them to ICE. DHS estimated
that each document would require approximately 3 minutes of
[[Page 75900]]
labor to be scanned.\20\ As shown in Table 3, this results in total
labor costs of $15,819. DHS estimated the average number of pages per
Form I-17 document to be 10 pages, which, at an estimated cost of $0.10
per page for paper and printing, contributes to an additional cost
savings of $7,062.
---------------------------------------------------------------------------
\20\ See ARX, ROI Calculation for Digital Signatures, page 4
(May 2010).http://<a href="http://hosteddocs.ittoolbox.com/digitalsignaturesroiwhitepaperover100.pdf">hosteddocs.ittoolbox.com/digitalsignaturesroiwhitepaperover100.pdf</a>.
Table 3--Cost Savings From Original Signatures Not Required for Form I-
17
[In 2021 $]
------------------------------------------------------------------------
Factor in the analysis Measures Costs savings
------------------------------------------------------------------------
A. Number of Forms I-17 Scanned in 2019. 7,062 ..............
B. Number of Minutes to Scan Each 3 ..............
Document...............................
C. Hourly Labor Rate for DSO \21\....... $44.72 ..............
D. Estimated Labor Cost Per Document $2.24 ..............
Scanned [(B/60)xC].....................
-------------------------------
E. Total Labor Costs (AxD).............. .............. $15,819
------------------------------------------------------------------------
F. Estimated Pages Per Scan............. 10 ..............
G. Estimated Cost Per Page (for Paper $0.10 ..............
and Printing)..........................
H. Estimated Paper Costs Per Mailing $1.00 ..............
(HxI)..................................
-------------------------------
I. Total Paper Costs (AxH).............. .............. 7,062
------------------------------------------------------------------------
Total Cost Savings for Not Preparing .............. 22,881
and Scanning the Forms I-17 (E+I)..
------------------------------------------------------------------------
Table 4 summarizes the impact of this interim final rule over the
10-year period, starting in 2022. The 10-year discounted cost-savings
of the rule in 2021 dollars would range from $160,706 to $195,179 (with
7 and 3 percent discount rates, respectively).
---------------------------------------------------------------------------
\21\ U.S. Bureau of Labor Statistics, Occupational Employment
and Wage Statistics: 21-1012 Educational, Guidance, and Career
Counselors and Advisors, May 2020. Last accessed March 2021.
Table 4--Total Estimated Cost Savings
[2021 Dollars]
----------------------------------------------------------------------------------------------------------------
Annual cost- Annual cost-
Year Undiscounted cost- savings discounted savings discounted
savings at 3% at 7%
----------------------------------------------------------------------------------------------------------------
2022................................................ $22,881 $22,214 $21,384
2023................................................ 22,881 21,567 19,985
2024................................................ 22,881 20,939 18,678
2025................................................ 22,881 20,329 17,456
2026................................................ 22,881 19,737 16,314
2027................................................ 22,881 19,162 15,246
2028................................................ 22,881 18,604 14,249
2029................................................ 22,881 18,062 13,317
2030................................................ 22,881 17,536 12,446
2031................................................ 22,881 17,026 11,631
-----------------------------------------------------------
Total........................................... 228,809 195,179 160,706
Annualized.......................................... 22,881 22,881 22,881
----------------------------------------------------------------------------------------------------------------
Qualitative Cost Savings
As described earlier, the qualitative benefits of the interim rule
include benefits to those who may need to understand and follow the
regulations, including legal analysts and school officials.
Specifically, the technical revisions increase clarity, accuracy, and
currency, and promote a better understanding of its effects.
Analysis of Alternatives to the Interim Rule
Because the interim rule does not pose any costs to the public or
to the government, DHS is not able to find any alternative that could
have any lower costs. In principle, even when the costs of a new rule
are zero, an alternative rule could still be preferable if that rule
could offer higher benefits, and thus higher net benefits. However,
this too would not be possible in this case, because the benefits of
any comparable rule could only be in the same form as the benefits of
this interim rule--those benefits being cost savings (for SEVP-
certified schools). For any alternative to offer greater benefits, it
would need to reduce the costs that SEVP-certified schools incur in
processing and delivering Form I-17 documents. Because the interim
final rule already allows for electronic signatures and submission of
the forms by email, there are no less-expensive alternatives to
preparing and distributing the forms.
DHS considered the no-action alternative for this interim final
rule. Table 5 summarizes the effects of this alternative. The no-action
alternative would result in continued costs to SEVP-certified schools
for original signatures and would maintain obsolete language. As a
result, DHS rejected this alternative.
[[Page 75901]]
Table 5--Summary of Alternatives
----------------------------------------------------------------------------------------------------------------
Action Benefits Costs
----------------------------------------------------------------------------------------------------------------
Take No Action..................... None................................. 1. Annual costs to SEVP-certified
schools of $22,881 in the
preparation and scanning of Form I-
17 documents (reverting to the pre-
COVID requirement that they have
original signatures).
2. School officials, students and
others who need to understand and
follow requirements governing F and
M nonimmigrant students, will have
greater difficulty due to the
inaccuracy and obsolescence of
certain language in the current
regulatory text.
----------------------------------------------------------------------------------------------------------------
C. Regulatory Flexibility Act
The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. A regulatory
flexibility analysis is not required when a rule is exempt from notice
and comment rulemaking. This interim final rule is exempt from the
notice and comment rulemaking, as stated in the APA, 5 U.S.C. 551 et
seq., section of the preamble. Therefore, a regulatory flexibility
analysis is not required for this rule.
D. Small Business Regulatory Enforcement Fairness Act of 1996
This 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 United States economy of $100 million or
more; a major increase in costs or prices; or significant adverse
effects on competition, employment, investment, productivity,
innovation, or the ability of United States-based companies to compete
with foreign-based companies in domestic and export markets.
E. Executive Order 13132: Federalism
This rule will not have substantial direct effect 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 warrant the preparation of a federalism
summary impact statement.
F. Unfunded Mandates Reform Act of 1995
This rule will not result in the expenditure by state, local, and
tribal governments, in the aggregate, or by the private sector, of $100
million (in 1995 dollars) or more in any one year, and it will not
significantly or uniquely affect small governments. Therefore, no
actions were deemed necessary under the provisions of the Unfunded
Mandates Reform Act of 1995.
G. Congressional Review Act
This interim final rule is not a major rule as defined by 5 U.S.C.
804, also known as the ``Congressional Review Act,'' as enacted in
section 251 of the Small Business Regulatory Enforcement Fairness Act
of 1996, Public Law 104-121, 110 Stat. 847, 868 et seq. 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 U.S.-based enterprises to compete with foreign-based
enterprises in domestic and export markets. See 5 U.S.C. 804(2). If
implemented as proposed, DHS will submit to Congress and the
Comptroller General of the United States a report about the issuance of
the interim final rule prior to its effective date, as required by 5
U.S.C. 801(a)(1).
H. Executive Order 12988 Civil Justice Reform
This rule meets the applicable standards set forth in sections 3(a)
and 3(b)(2) of Executive Order 12988.
I. Paperwork Reduction Act
Under the Paperwork Reduction Act of 1995, Public Law 104-13, all
departments are required to submit to OMB, for review and approval, any
reporting requirements inherent in a rule. This rule does not impose
any new reporting or recordkeeping requirements under the Paperwork
Reduction Act.
J. National Environmental Policy Act
DHS Management Directive (MD) 023-01 Rev. 01 and Instruction Manual
(IM) 023-01-001-01 Rev. 01 establish the policy and procedures that DHS
and its Components use to comply with the National Environmental Policy
Act of 1969 (NEPA), 42 U.S.C. 4321-4375, and the Council on
Environmental Quality (CEQ) regulations for implementing NEPA, 40 CFR
parts 1500 through 1508.
The CEQ regulations enable federal agencies to establish categories
of actions that do not individually or cumulatively have a significant
effect on the human environment and, therefore, do not require an
Environmental Assessment or Environmental Impact Statement. 40 CFR
1508.4. The DHS Categorical Exclusions are listed in IM 023-01-001-01
Rev. 01, Appendix A, Table 1.
For an action to be categorically excluded, the action must satisfy
each of the following three conditions:
(1) The entire action clearly fits within one or more of the
Categorical Exclusions,
(2) The action is not a piece of a larger action, and
(3) No extraordinary circumstances exist that create the potential
for a significant environmental effect. IM 023-01-001-01 Rev. 01 Sec.
V(B)(2)(a)-(c).
If the action does not clearly meet all three conditions, DHS or
the Component prepares an Environmental Assessment or Environmental
Impact Statement, according to CEQ requirements, MD 023-01, and IM 023-
01-001-01 Rev. 01.
DHS has analyzed this action under MD 023-01 Rev. 01 and IM 023-01-
001-01 Rev.01. DHS has made a determination that this rulemaking action
is one of a category of actions which do not individually or
cumulatively have a significant effect on the human environment. This
action clearly fits within the Categorical Exclusion found in IM 023-
01-001-01 Rev. 01, Appendix A, Table 1, number A3(d): ``Promulgation of
rules, issuance of rulings or interpretations, and the development and
publication of policies, orders, directives, notices, procedures,
manuals, advisory circulars, and other guidance documents of the
following nature: (d) Those that interpret or amend an existing
regulation without changing its environmental effect.'' This rule is
not
[[Page 75902]]
part of a larger action. This rule presents no extraordinary
circumstances creating the potential for significant environmental
effects. Therefore, more detailed NEPA review is not necessary. DHS
seeks any comments or information that may lead to the discovery of any
significant environmental effects from this rule.
K. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
This interim final rule does not have tribal implications under
E.O. 13175, Consultation and Coordination with Indian Tribal
Governments, because it would not have a substantial direct effect on
one or more Indian tribes, on the relationship between the federal
government and Indian tribes, or on the distribution of power and
responsibilities between the federal government and Indian tribes.
L. Executive Order 12630: Governmental Actions and Interference With
Constitutionally Protected Property Rights
This interim final rule would not cause a taking of private
property or otherwise have taking implications under E.O. 12630,
Governmental Actions and Interference with Constitutionally Protected
Property Rights.
M. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks
E.O. 13045, Protection of Children from Environmental Health Risks
and Safety Risks, requires agencies to consider the impacts of
environmental health risks or safety risks that may disproportionately
affect children. DHS has reviewed this interim final rule and
determined that this rule is not an economically significant rule and
would not create an environmental risk to health or risk to safety that
might disproportionately affect children. Therefore, DHS has not
prepared a statement under this E.O.
N. National Technology Transfer and Advancement Act
The National Technology Transfer and Advancement Act of 1995 (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the OMB, with an explanation of why using these standards would
be inconsistent with applicable law or otherwise impracticable.
Voluntary consensus standards are technical standards (e.g.,
specifications of materials, performance, design, or operation; test
methods; sampling procedures; and related management systems practices)
that are developed or adopted by voluntary consensus standards bodies.
This interim final rule does not use technical standards. Therefore,
DHS did not consider the use of voluntary consensus standards.
O. Family Assessment
DHS has determined that this action would not affect family well-
being within the meaning of section 654 of the Treasury and General
Government Appropriations Act, enacted as part of the Omnibus
Consolidated and Emergency Supplemental Appropriations Act of 1999
(Pub. L. 105-277, 112 Stat. 2681).
List of Subjects in 8 CFR Part 214
Administrative practice and procedure, Aliens, Cultural exchange
program, Employment, Foreign officials, Health professions, Reporting
and recordkeeping requirements, Students.
Accordingly, the Department of Homeland Security amends part 214 of
chapter I of title 8 of the Code of Federal Regulations as follows:
PART 214--NONIMMIGRANT CLASSES
0
1. The authority citation for part 214 continues to read as follows:
Authority: 6 U.S.C. 202, 236; 8 U.S.C. 1101, 1102, 1103, 1182,
1184, 1186a, 1187, 1221, 1281, 1282, 1301-1305, 1357, and 1372; sec.
643, Pub. L. 104-208, 110 Stat. 3009-708; Pub. L. 106-386, 114 Stat.
1477-1480; section 141 of the Compacts of Free Association with the
Federated States of Micronesia and the Republic of the Marshall
Islands, and with the Government of Palau, 48 U.S.C. 1901 note and
1931 note, respectively; 48 U.S.C. 1806; 8 CFR part 2; Pub. L. 115-
218, 132 Stat. 1547 (48 U.S.C. 1086).
0
2. Amend Sec. 214.1 as follows:
0
a. In paragraph (b)(1) introductory text, remove the reference to
``Sec. 214.2(f)(5)(iii)'' and ``22 CFR 41.125(f)'' and add in their
place ``Sec. 214.2(f)(5)(i)'' and ``22 CFR 41.112(d)'', respectively.
0
b. In paragraph (b)(1)(iv) introductory text, remove ``Sec. 1.4'' and
add in its place ``Sec. 1.4 of this chapter'' and remove the phrase
``the alien's Form I-20 ID copy,''.
0
c. In paragraph (b)(1)(iv)(A), remove the phrases ``page 4 of Form I-
20A-B'' and ``Form I-20A'' and add in their place ``Form I-20 or
successor form''.
0
d. In paragraph (b)(1)(iv)(B), remove the phrases ``Form I-20A-B'' and
``Form 1-20A'' and add in their place ``Form I-20 or successor form''.
0
e. In paragraph (b)(2) introductory text, remove the reference ``22 CFR
41.125(f)'' and add in its place ``22 CFR 41.112(d)''.
0
f. In paragraph (b)(2)(iv):
0
i. Remove the phrase ``copy three of'';
0
ii. Remove ``IAP-66'' and add in its place ``DS-``2019''; and
0
iii. Remove the phrase ``endorsed by the Service'' and add in its place
``properly endorsed''.
0
g. In paragraph (b)(3) introductory text, remove the reference ``22 CFR
41.125(f)'' and add in its place ``22 CFR 41.112(d)''.
0
h. In paragraph (b)(3)(iv), remove the phrase ``the alien's Form I-20
ID copy, and alien's properly endorsed page 4 of Form I-20M-N'' and add
in its place ``and the alien's properly endorsed Form I-20 or successor
form''.
0
i. In paragraph (h), remove ``Sec. 2.1(a)'' and ``the Service'' and
add in their place ``Sec. 2.1'' and ``DHS'', respectively.
0
3. Amend Sec. 214.2 as follows:
0
a. Paragraphs (f)(1)(i)(A) through (C), (f)(1)(ii) and (iii), (f)(2),
(3) and (4), (f)(5)(i) and (v), (f)(6)(i) introductory text,
(f)(6)(i)(B), (C), (E), and (F), and (f)(6)(iii)(B) are revised.
0
b. Paragraph (f)(6)(iii)(D) is removed and reserved.
0
c. Paragraphs (f)(6)(iii)(E), (f)(6)(iv), (f)(7), (f)(8)(i) and (ii),
(f)(9)(i), (f)(9)(ii)(A) and (D) introductory text, (f)(9)(ii)(F)(1),
and (f)(9)(iii), (f)(10) introductory text, and (f)(10)(i) are revised.
0
d. In paragraph (f)(13)(i), remove '' his or her Form I-20 ID'' and
``which'' and add in their place ``Form I-20 or successor form'' and
``that'', respectively.
0
e. In paragraph (f)(13)(ii), remove the phrase ``an I-20 ID'' and add
in its place ``a Form I-20 or successor form''.
0
f. In paragraph (f)(14), remove the phrase ``Commissioner of the
Immigration and Naturalization Service or the Commissioner's designee''
and add in its place ``Secretary of Homeland Security or the
Secretary's designee''.
0
g. In paragraph (f)(15), remove ``shall'' and ``SEVIS Form I-20'' and
add in their place ``will'' and ``Form I-20 or successor form'',
respectively.
0
h. In (f)(16)(i) introductory text, (f)(16)(i)(B), (C), and (F)
introductory text, (f)(16)(ii) and (f)(17) are revised.
0
i. In paragraphs (f)(18)(i) introductory text and (f)(18)(i)(A), remove
the phrase ``an approved'' and add in its place ``a certified''.
0
j. In paragraph (f)(18)(ii), remove ``approved'' and add in its place
``certified''.
0
k. In paragraph (f)(19), remove the phrase ``a Department of Homeland
Security (DHS)-approved'' and add in its place ``an SEVP-certified''.
0
l. Paragraphs (m)(1)(i)(A) through (C) are revised.
[[Page 75903]]
0
m. Paragraph (m)(1)(ii) is removed and reserved.
0
n. Paragraphs (m)(1)(iii), (m)(2) and (3), (m)(4)(i)(A) and (B), and
(m)(4)(ii) are revised.
0
o. In paragraph (m)(5), remove ``Form 1-20'', and add in its place
``Form 1-20 or successor form'' wherever it appears.
0
p. Paragraphs (m)(9) introductory test, (m)(9)(i) and (ii), (m)(9)(vi),
(m)(10)(ii) and (iv), (m)(11)(ii), (m)(14)(ii) introductory text, and
(m)(14)(iii) through (v) are revised.
0
q. In paragraph (m)(15), remove the phrase ``The Service shall'' and
add in its place ``USCIS will''.
0
r. Paragraphs (m)(16)(i) introductory text, (m)(16)(i)(B), (C), and (F)
introductory text, and (m)(16)(ii) are revised.
0
s. In paragraph (m)(17) introductory text, remove ``shall'' and ``SEVIS
Form I-20'' and add in their place ``will'' and ``Form I-20 or
successor form'', respectively.
0
t. Paragraphs (m)(18), (m)(19)(i) introductory text, (m)(19)(i)(A), and
(m)(19)(ii) are revised.
0
u. In paragraph (m)(20), remove the phrase ``a DHS approved'' and ``8
CFR 214.13'' and add in their place ``an SEVP-certified'' and ``Sec.
214.13'', respectively.
The revisions read as follows:
Sec. 214.2 Special requirements for admission, extension, and
maintenance of status.
* * * * *
(f) * * *
(1) * * *
(i) * * *
(A) The student presents a Form I-20 or successor form issued in
the student's name by a school certified by the Student and Exchange
Visitor Program (SEVP) for attendance by F-1 foreign students;
(B) The student has documentary evidence of financial support in
the amount indicated on the Form I-20 or successor form;
(C) For students seeking initial admission only, the student
intends to attend the school specified in the student's visa (or, where
the student is exempt from the requirement for a visa, the school
indicated on the Form I-20 or successor form); and
* * * * *
(ii) Form I-20 or successor form requirements at the port-of-entry.
When an F-1 student applies for admission with a complete Form I-20 or
successor form, the inspecting officer will:
(A) Transcribe the student's admission number from Form I-94 onto
the student's Form I-20 or successor form (for students seeking initial
admission only);
(B) Endorse the Form I-20 or successor form; and
(C) Return the Form I-20 or successor form to the student.
(iii) Use of the Student and Exchange Visitor Information System
(SEVIS). Schools must issue a Form I-20 or successor form in SEVIS to
any current student requiring a reportable action (e.g., extension of
stay, practical training, and requests for employment authorization),
or to any alien who must obtain a new nonimmigrant student visa.
(2) Student maintenance of Form I-20 or successor form. An F-1
student is expected to retain for safekeeping the initial Form I-20 or
successor form bearing the admission number and any subsequent Form I-
20 issued to them. Should the student lose their current Form I-20 or
successor form, a replacement copy bearing the same information as the
lost copy, including any endorsement for employment and notations,
should be issued by the designated school official (DSO) as defined in
Sec. 214.3(l)(1).
(3) Admission of the spouse and minor children of an F-1 student.
The spouse and minor children accompanying an F-1 student are eligible
for admission in F-2 status if the student is admitted in F-1 status.
The spouse and minor children following-to-join an F-1 student are
eligible for admission to the United States in F-2 status if they are
able to demonstrate that the F-1 student has been admitted and is, or
will be within 30 days, enrolled in a full course of study, or engaged
in approved practical training following completion of studies. In
either case, at the time they seek admission, the eligible spouse and
minor children of an F-1 student must individually present a Form I-20
or successor form in the name of each F-2 dependent issued by a school
certified by SEVP for attendance by F-1 students. A new Form I-20 or
successor form is required for a dependent where there has been any
substantive change in the F-1 student's current information.
(4) Temporary absence. An F-1 student returning to the United
States from a temporary absence of five months or less may be
readmitted for attendance at an SEVP-certified educational institution,
if the student presents:
(i) A current Form I-20 or successor form properly endorsed by the
DSO for reentry if there has been no substantive change to the most
recent Form I-20 or successor form information; or
(ii) An updated Form I-20 or successor form if there has been a
substantive change in the information on the student's most recent Form
I-20 or successor form, such as in the case of a student who has
changed the major area of study, who intends to transfer to another
SEVP-certified institution, or who has advanced to a higher level of
study.
(5) * * *
(i) General. Duration of status is defined as the time during which
an F-1 student is pursuing a full course of study at an educational
institution certified by SEVP for attendance by foreign students, or
engaging in authorized practical training following completion of
studies, except that an F-1 student who is admitted to attend a public
high school is restricted to an aggregate of 12 months of study at any
public high school(s). An F-1 student may be admitted for a period up
to 30 days before the indicated report date or program start date
listed on the Form I-20 or successor form. The student is considered to
be maintaining status if the student is making normal progress toward
completing a course of study.
* * * * *
(v) Emergent circumstances as determined by the Secretary. Where
the Secretary has suspended the applicability of any or all of the
requirements for on-campus or off-campus employment authorization for
specified students pursuant to paragraphs (f)(9)(i) or (ii) of this
section by notice in the Federal Register, an affected student who
needs to reduce their full course of study as a result of accepting
employment authorized by such notice in the Federal Register will be
considered to be in status during the authorized employment, subject to
any other conditions specified in the notice, provided that, for the
duration of the authorized employment, the student is registered for
the number of semester or quarter hours of instruction per academic
term specified in the notice, which in no event shall be less than six
semester or quarter hours of instruction per academic term if the
student is at the undergraduate level or less than three semester or
quarter hours of instruction per academic term if the student is at the
graduate level, and is continuing to make progress toward completing
the course of study.
* * * * *
(6) * * *
(i) General. Successful completion of the full course of study must
lead to the attainment of a specific educational or professional
objective. A course of study at an institution not certified for
attendance by foreign students as provided in Sec. 214.3(a)(3) does
not satisfy the requirement of this paragraph
[[Page 75904]]
(f)(6)(i). A ``full course of study'' as required by section
101(a)(15)(F)(i) of the Act means:
* * * * *
(B) Undergraduate study at a college or university, certified by a
school official to consist of at least 12 semester or quarter hours of
instruction per academic term in those institutions using standard
semester, trimester, or quarter hour systems, where all undergraduate
students who are enrolled for a minimum of 12 semester or quarter hours
are charged full-time tuition or are considered full-time for other
administrative purposes, or its equivalent (as determined by SEVP in
the school certification process), except when the student needs a
lesser course load to complete the course of study during the current
term;
(C) Study in a postsecondary language, liberal arts, fine arts, or
other non-vocational program at a school which confers upon its
graduates recognized associate or other degrees or has established that
its credits have been and are accepted unconditionally by at least
three other institutions of higher learning which are either:
(1) A school (or school system) owned and operated as a public
educational institution by the United States or a State or political
subdivision thereof; or
(2) a school accredited by a nationally recognized accrediting
body; and which has been certified by a designated school official to
consist of at least 12 clock hours of instruction a week, or its
equivalent as determined by SEVP in the school certification process;
* * * * *
(E) Study in a curriculum at a certified private elementary or
middle school or public or private academic high school which is
certified by a designated school official to consist of class
attendance for not less than the minimum number of hours a week
prescribed by the school for normal progress toward graduation.
(F) Notwithstanding paragraphs (f)(6)(i)(A) and (B) of this
section, an alien who has been granted employment authorization
pursuant to the terms of a document issued by the Secretary under
paragraphs (f)(9)(i) or (ii) of this section and published in the
Federal Register shall be deemed to be engaged in a ``full course of
study'' if he or she remains registered for no less than the number of
semester or quarter hours of instruction per academic term specified by
the Secretary in the notice for the validity period of such employment
authorization.
* * * * *
(iii) * * *
(B) Medical conditions. The DSO may authorize a reduced course load
(or, if necessary, no course load) due to a student's temporary illness
or medical condition for a period of time not to exceed an aggregate of
12 months while the student is pursuing a course of study at a
particular program level. In order to authorize a reduced course load
based upon a medical condition, the student must provide medical
documentation from a licensed medical doctor, psychiatrist, doctor of
osteopathy, licensed psychologist, or clinical psychologist to the DSO
to substantiate the illness or medical condition. The student must
provide current medical documentation and the DSO must reauthorize the
drop below full course of study each new term, session, or semester. A
student previously authorized to drop below a full course of study due
to illness or medical condition for an aggregate of 12 months may not
be authorized by a DSO to reduce their course load on subsequent
occasions while pursuing a course of study at the same program level. A
student may be authorized to reduce course load for a reason of illness
or medical condition on more than one occasion while pursuing a course
of study, so long as the aggregate period of that authorization does
not exceed 12 months.
* * * * *
(E) Reporting requirements. In order for a student to be authorized
to drop below a full course of study, the DSO must update SEVIS prior
to the student reducing their course load. The DSO must update SEVIS
with the date, reason for authorization, and the start date of the next
term or session. The DSO must also notify SEVIS within 21 days of the
student's commencement of a full course of study. If an extension of
the program end date is required due to the student dropping below a
full course of study, the DSO must update SEVIS by completing a new
Form I-20 or successor form with the new program end date in accordance
with paragraph (f)(7) of this section.
(iv) Concurrent enrollment. An F-1 student may be enrolled in two
different SEVP-certified schools at one time as long as the combined
enrollment amounts to a full course of study. In cases where a student
is concurrently enrolled, the school from which the student will earn
their degree or certification should issue the Form I-20 or successor
form, and conduct subsequent certifications and updates to the Form I-
20 or successor form. The DSO from this school is also responsible for
all of the reporting requirements to SEVP. In instances where a student
is enrolled in programs with different full course of study
requirements (e.g., clock hours vs. credit hours), the DSO is permitted
to determine what constitutes a full course of study.
(7) Extension of stay--(i) General. An F-1 student who is admitted
for duration of status is not required to apply for extension of stay
as long as the student is maintaining status and making normal progress
toward completion of their educational objective. An F-1 student who is
currently maintaining status and making normal progress toward
completing their educational objective, but who is unable to complete
their course of study by the program end date on the Form I-20 or
successor form, must apply prior to the program end date for a program
extension pursuant to paragraph (f)(7)(iii) of this section.
(ii) Report date and program completion date on Form I-20 or
successor form. When determining the report date on the Form I-20 or
successor form, the DSO may choose a reasonable date to accommodate a
student's need to be in attendance for required activities at the
school prior to the actual start of classes. Such required activities
may include, but are not limited to, research projects and orientation
sessions. However, for purposes of employment, the DSO may not indicate
a report date more than 30 days prior to the start of classes. When
determining the program completion date on Form I-20 or successor form,
the DSO should make a reasonable estimate based upon the time an
average student would need to complete a similar program in the same
discipline.
(iii) Program extension for students in lawful status. An F-1
student who is unable to meet the program completion date on the Form
I-20 or successor form may be granted an extension by the DSO if the
DSO certifies that the student has continually maintained status and
that the delays are caused by compelling academic or medical reasons,
such as changes of major or research topics, unexpected research
problems, or documented illnesses. Delays caused by academic probation
or suspension are not acceptable reasons for program extensions. A DSO
may not grant an extension if the student did not apply for an
extension until after the program end date noted on the Form I-20 or
successor form. An F-1 student who is unable to complete the
educational program within the time listed on Form I-20 or successor
form and who is ineligible for program extension pursuant to this
paragraph (f)(7) is considered out of status. If eligible, the
[[Page 75905]]
student may apply for reinstatement under the provisions of paragraph
(f)(16) of this section.
(iv) SEVIS update. A DSO may grant a program extension only by
updating SEVIS and issuing a new Form I-20 or successor form reflecting
the current program end date. A DSO may grant an extension any time
prior to the program end date listed on the student's Form I-20 or
successor form.
(8) * * *
(i) General. A student who is maintaining status may transfer to
another SEVP-certified school by following the notification procedure
prescribed in paragraph (f)(8)(ii) of this section. However, an F-1
student is not permitted to remain in the United States when
transferring between schools or programs unless the student will begin
classes at the transfer school or program within five months of
transferring out of the current school or within 5 months of the
program completion date on their current Form I-20 or successor form,
whichever is earlier. In the case of an F-1 student authorized to
engage in post-completion optional practical training (OPT), the
student must be able resume classes within 5 months of transferring out
of the school that recommended OPT or the date the OPT authorization
ends, whichever is earlier. An F-1 student who was not pursuing a full
course of study at the school he or she was last authorized to attend
is ineligible for school transfer and must apply for reinstatement
under the provisions of paragraph (f)(16) of this section, or, in the
alternative, may depart the country and return as an initial entry in a
new F-1 nonimmigrant status.
(ii) Transfer procedure. To transfer schools, the student must
first notify their current school (the ``transfer-out'' school) of the
intent to transfer and indicate the school to which the student intends
to transfer (the ``transfer-in'' school). Upon notification by the
student, the transfer-out school must update SEVIS to show the student
is transferring out, indicate the transfer-in school, and input the
transfer release date. The release date will be the current semester or
session completion date, or the date of expected transfer if earlier
than the established academic cycle. The transfer-out school will
retain control over the student's record in SEVIS until the student
completes the current term or reaches the release date. At the request
of the student, the DSO of the transfer-out school may cancel the
transfer request at any time prior to the release date. As of the
release date specified by the transfer-out DSO, the transfer-in school
will be granted full access to the student's SEVIS record and then
becomes responsible for that student. The transfer-out school conveys
authority and responsibility over that student to the transfer-in
school and relinquishes its SEVIS access to that student's record. As
such, a transfer request may not be cancelled by the transfer-out DSO
after the release date has been reached. After the release date, the
transfer-in DSO must complete the transfer of the student's record in
SEVIS and may issue a Form I-20 or successor form. The student is then
required to contact the DSO at the transfer-in school within 15 days of
the program start date listed on the Form I-20 or successor form. Upon
notification that the student is enrolled in classes, the transfer-in
DSO must update SEVIS to reflect the student's registration and current
address, thereby acknowledging that the student has completed the
transfer process. The transfer is completed when the transfer-in school
notifies SEVIS that the student has enrolled in classes in accordance
with the 30 days required by Sec. 214.3(g)(2)(iii).
* * * * *
(9) * * *
(i) On-campus employment. On-campus employment must either be
performed on the school's premises, (including on-location commercial
firms which provide services for students on campus, such as the school
bookstore or cafeteria), or at an off-campus location that is
educationally affiliated with the school. Employment with on-site
commercial firms, such as a construction company building a school
building, which do not provide direct student services is not deemed
on-campus employment for the purposes of this paragraph (f)(9)(i). In
the case of off-campus locations, the educational affiliation must be
associated with the school's established curriculum or related to
contractually funded research projects at the post-graduate level. In
any event, the employment must be an integral part of the student's
educational program. * * * Employment authorized under this paragraph
(f)(9)(i) must not exceed 20 hours a week while school is in session,
unless the Secretary suspends the applicability of this limitation due
to emergent circumstances, as determined by the Secretary, by means of
notice in the Federal Register, the student demonstrates to the DSO
that the employment is necessary to avoid severe economic hardship
resulting from the emergent circumstances, and the DSO notates the Form
I-20 or successor form in accordance with the Federal Register
document. An F-1 student may, however, work on campus full-time when
school is not in session or during the annual vacation. A student who
has been issued a Form I-20 or successor form to begin a new program in
accordance with the provision of Sec. 214.3(k) and who intends to
enroll for the next regular academic year, term, or session at the
institution that issued the Form I-20 or successor form may continue
on-campus employment incident to status. Otherwise, an F-1 student may
not engage in on-campus employment after completing a course of study,
except employment for practical training as authorized under paragraph
(f)(10) of this section. An F-1 student may engage in any on-campus
employment authorized under this paragraph (f)(9)(i) which will not
displace United States residents. In the case of a transfer in SEVIS,
the student may only engage in on-campus employment at the school
having jurisdiction over the student's SEVIS record. Upon initial entry
to begin a new course of study, an F-1 student may not begin on-campus
employment more than 30 days prior to the actual start of classes.
(ii) * * *
(A) General. An F-1 student may be authorized to work off-campus on
a part-time basis in accordance with paragraph (f)(9)(ii)(C) of this
section after having been in F-1 status for one full academic year
provided that the student is in good academic standing as determined by
the DSO. Part-time off-campus employment authorized under this section
is limited to no more than 20 hours a week when school is in session. A
student who is granted off-campus employment authorization may work
full-time during holidays or school vacation. The employment
authorization is automatically terminated whenever the student fails to
maintain status. In emergent circumstances as determined by the
Secretary, the Secretary may suspend the applicability of any or all of
the requirements of paragraph (f)(9)(ii) of this section by notice in
the Federal Register.
* * * * *
(D) Procedure for off-campus employment authorization due to severe
economic hardship. The student must request a recommendation from the
DSO for off-campus employment. The DSO must complete such certification
in SEVIS. The DSO may recommend the student for work off-campus for
one-year intervals by certifying that:
* * * * *
(F) * * *
[[Page 75906]]
(1) The applicant should submit the economic hardship application
for employment authorization on Form I-765 or successor form, with the
fee required by 8 CFR 106.2, and any other supporting materials such as
affidavits which further detail the unforeseen circumstances that
require the student to seek employment authorization and the
unavailability or insufficiency of employment under paragraph (f)(9)(i)
of this section to USCIS. Students should submit the Form I-20 or
successor form with the employment page demonstrating the DSO's
comments and certification. USCIS will adjudicate the application for
work authorization based upon severe economic hardship on the basis of
Form I-20 and Form I-765 or successor forms, and any additional
supporting materials. If employment is authorized, the adjudicating
officer will issue an employment authorization document (EAD). USCIS
will notify the student of the decision, and, if the application is
denied, of the reason or reasons for the denial. No appeal will lie
from a decision to deny a request for employment authorization under
this section. The employment authorization may be granted in one-year
intervals up to the expected date of completion of the student's
current course of study. A student has permission to engage in off-
campus employment only if the student receives the EAD endorsed to that
effect. Off-campus employment authorization may be renewed by USCIS
only if the student is maintaining status and good academic standing.
The employment authorization is automatically terminated whenever the
student fails to maintain status.
* * * * *
(iii) Internship with an international organization. A bona fide F-
1 student who has been offered employment by a recognized international
organization within the meaning of the International Organization
Immunities Act (59 Stat. 669) must apply for employment authorization
with USCIS. A student seeking employment authorization under this
provision is required to present a written certification from the
international organization that the proposed employment is within the
scope of the organization's sponsorship, Form I-20 or successor form
with employment page completed by DSO certifying eligibility for
employment, and a completed Form I-765 or successor form, with the fee
required by 8 CFR 106.2(a)(32).
(10) Practical training. Practical training may be authorized to an
F-1 student who has been lawfully enrolled on a full-time basis, in an
approved SEVP-certified college, university, conservatory, or seminary
for one full academic year. This paragraph (f)(10) also includes
students who, during their course of study, were enrolled in a study
abroad program, if the student had spent at least one full academic
term enrolled in a full course of study in the United States prior to
studying abroad. A student may be authorized 12 months of practical
training, and becomes eligible for another 12 months of practical
training when they change to a higher educational level. Students in
English language training programs are ineligible for practical
training. An eligible student may request employment authorization for
practical training in a position that is directly related to their
major area of study. There are two types of practical training
available:
(i) Curricular practical training. An F-1 student may be authorized
by the DSO to participate in a curricular practical training program
that is an integral part of an established curriculum. Curricular
practical training is defined to be alternative work/study, internship,
cooperative education or any other type of required internship or
practicum that is offered by sponsoring employers through cooperative
agreements with the school. Students who have received one year or more
of full time curricular practical training are ineligible for post-
completion academic training. Exceptions to the one academic year
requirement are provided for students enrolled in graduate studies that
require immediate participation in curricular practical training. A
request for authorization for curricular practical training must be
made to the DSO. A student may begin curricular practical training only
after receiving their Form I-20 or successor form with the DSO
endorsement. To grant authorization for a student to engage in
curricular practical training, a DSO will update the student's record
in SEVIS as being authorized for curricular practical training that is
directly related to the student's major area of study. The DSO will
indicate whether the training is full-time or part-time, the employer
and location, and the employment start and end date. The DSO must sign,
date, and return the Form I-20 or successor form to the student prior
to the student's commencement of employment indicating that curricular
practical training has been approved.
* * * * *
(16) * * *
(i) General. USCIS may consider reinstating a student who makes a
request for reinstatement on Form I-539, Application to Extend/Change
Nonimmigrant Status, accompanied by a properly completed Form I-20 or
successor form indicating the DSO's recommendation for reinstatement.
USCIS may consider granting the request if the student:
* * * * *
(B) Does not have a record of repeated or willful violations of DHS
regulations;
(C) Is currently pursuing, or intending to pursue, a full course of
study in the immediate future at the school which issued the Form I-20
or successor form;
* * * * *
(F) Establishes to the satisfaction of USCIS, by a detailed
showing, either that:
* * * * *
(ii) Decision. The adjudicating officer will update SEVIS to
reflect USCIS' decision. If USCIS does not reinstate the student, the
student may not appeal the decision.
(17) Current name and address. A student must inform DHS and the
DSO of any legal changes to the student's name or of any change of
address, within 10 days of the change, in a manner prescribed by the
school. A student can satisfy the requirement in 8 CFR 265.1 of
notifying DHS by providing a notice of a change of address within 10
days to the DSO, and the DSO in turn must enter the information in
SEVIS within 21 days of notification by the student. Except in the case
of a student who cannot receive mail where the student resides, the
address provided by the student must be the actual physical location
where the student resides rather than a mailing address. In cases where
a student provides a mailing address, the school must maintain a record
of, and must provide upon request from DHS, the actual physical
location where the student resides.
* * * * *
(m) * * *
(1) * * *
(i) * * *
(A) The student presents a Form I-20 or successor form issued in
the student's own name by a school certified by SEVP for attendance by
M-1 foreign students;
(B) The student has documentary evidence of financial support in
the amount indicated on the SEVIS Form I-20 or successor form; and
(C) For students seeking initial admission only, the student
intends to attend the school specified in the student's visa (or, where
the student is exempt from the requirement for a visa, the school
indicated on the Form I-20 or successor form.
[[Page 75907]]
(ii) [Reserved]
(iii) Use of SEVIS. Schools must issue a Form I-20 or successor
form in SEVIS to any current student requiring a reportable action
(e.g., extension of stay, practical training, and requests for
employment authorization) or a new Form I-20 or successor form, or for
any aliens who must obtain a new nonimmigrant student visa.
(2) Student maintenance of Form I-20 or successor form. An M-1
student is expected to retain for safekeeping the initial Form I-20 or
successor form bearing the admission number and any subsequent Form I-
20 or successor form issued to the student. Should the student lose
their current Form I-20 or successor form, a replacement copy bearing
the same information as the lost copy, including any endorsement for
employment and notations, should be issued by the DSO as defined in
Sec. 214.3(l)(1).
(3) Admission of the spouse and minor children of an M-1 student.
The spouse and minor children accompanying an M-1 student are eligible
for admission in M-2 status if the student is admitted in M-1 status.
The spouse and minor children following-to-join an M-1 student are
eligible for admission to the United States in M-2 status if they are
able to demonstrate that the M-1 student has been admitted and is, or
will be within 30 days, enrolled in a full course of study, or engaged
in approved practical training following completion of studies. In
either case, at the time they seek admission, the eligible spouse and
minor children of an M-1 student must individually present a Form I-20
or successor form issued in the name of each M-2 dependent issued by a
school certified by SEVP for attendance by M-1 students. A new Form I-
20 or successor form is required for a dependent where there has been
any substantive change in the M-1 student's current information.
(4) * * *
(i) * * *
(A) A properly endorsed Form I-20 or successor form if there has
been no substantive change in the information on the student's most
recent Form I-20 or successor form since the form was initially issued;
or
(B) A new Form I-20 or successor form if there has been any
substantive change in the information on the student's most recent Form
I-20 or successor form since the form was initially issued.
(ii) Student who transferred between schools. If an M-1 student has
been authorized to transfer between schools and is returning to the
United States from a temporary absence in order to attend the school to
which transfer was authorized as indicated on the student's Form I-20
or successor form, the name of the transfer-in school does not need to
be specified in the student's visa.
* * * * *
(9) Full course of study. Successful completion of the course of
study must lead to the attainment of a specific educational or
vocational objective. A course of study at an institution not certified
for attendance by foreign students as provided in Sec. 214.3(a)(3)
does not satisfy this requirement. A ``full course of study'' as
required by section 101(a)(15)(M)(i) of the Act means--
(i) Community college or junior college. Study at a community
college or junior college, certified by a school official to consist of
at least twelve semester or quarter hours of instruction per academic
term in those institutions using standard semester, trimester, or
quarter-hour systems, where all students enrolled for a minimum of
twelve semester or quarter hours are charged full-time tuition or
considered full-time for other administrative purposes, or its
equivalent (as determined by SEVP in the school certification process)
except when the student needs a lesser course load to complete the
course of study during the current term;
(ii) Postsecondary vocational or business school. Study at a
postsecondary vocational or business school, other than in a language
training program except as provided in Sec. 214.3(a)(2)(iv), which
confers upon its graduates recognized associate or other degrees or has
established that its credits have been and are accepted unconditionally
by at least three other institutions of higher learning which are
either:
(A) A school (or school system) owned and operated as a public
educational institution by the United States or a State or political
subdivision thereof; or
(B) A school accredited by a nationally recognized accrediting
body; and which has been certified by a designated school official to
consist of at least 12 clock hours of instruction a week, or its
equivalent as determined by SEVP in the school certification process;
* * * * *
(vi) Reduced course load. The designated school official may
authorize an M-1 student to engage in less than a full course of study
only where the student has been compelled by illness or a medical
condition that has been documented by a licensed medical doctor,
psychiatrist, doctor of osteopathy, licensed psychologist, or clinical
psychologist to interrupt or reduce their course of study. A DSO may
not authorize a reduced course load for more than an aggregate of 5
months per course of study. An M-1 student previously authorized to
drop below a full course of study due to illness or medical condition
for an aggregate of 5 months, may not be authorized by the DSO to
reduce their course load on subsequent occasions during their
particular course of study.
(A) [Reserved]
(B) Reporting requirements. In order for a student to be authorized
to drop below a full course of study, the DSO must update SEVIS prior
to the student reducing their load.
* * * * *
(10) * * *
(ii) Application. A student must apply to USCIS for an extension on
Form I-539, Application to Extend/Change Nonimmigrant Status or
successor form. A student's M-2 spouse and children seeking an
extension of stay must be included in the application. The student must
submit the application at least 15 days but not more than 60 days
before the program end date on the student's Form I-20 or successor
form. The application must also be accompanied by the student's Form I-
20 or successor form and the Form I-94 of the student's spouse and
children, if applicable.
* * * * *
(iv) SEVIS update. The Form I-20 or successor form must be endorsed
with the recommendation and new program end date for submission to
USCIS, with Form I-539 or successor form, and Form I-94 if applicable.
(11) * * *
(ii) Transfer procedure. A student must apply to USCIS on Form I-
539 or successor form, for permission to transfer between schools. Upon
application for school transfer, a student may affect the transfer
subject to approval of the application. A student who transfers without
complying with this requirement or whose application is denied after
transfer (pursuant to this section) is considered to be out of status.
If the application is approved, the approval date of the transfer will
be determined to be the program start date listed on the Form I-20 or
successor form, and the student will be granted an extension of stay
for the period of time necessary to complete the new course of study
plus 30 days, or for a total period of one year, whichever is less. The
student must first notify their current school (the ``transfer-out''
school) of the intent to transfer and indicate the school to which the
student intends to transfer
[[Page 75908]]
(the ``transfer-in'' school). Upon notification by the student, the
transfer-out school must update SEVIS to show the student is
transferring out, indicate the transfer-in school, and input the
transfer release date. Once SEVIS is updated, the transfer-in school
may generate a Form I-20 or successor form for transfer. However, the
transfer-in school will not gain access to the student's SEVIS record
until the release date. Upon receipt of the Form I-20 or successor form
from the transfer-in school, the student must submit Form I-539 or
successor form in accordance with this paragraph (m)(11). The student
may enroll in the transfer-in school at the next available term or
session and is required to notify the DSO of the transfer-in school
immediately upon beginning attendance. The transfer-in school must
update the student's registration record in SEVIS in accordance with
Sec. 214.3(g)(2)(iii). Upon approval of the transfer application,
USCIS will transmit the approval of the transfer to SEVIS. If the
application for transfer is denied, the student is out of status, and
the student's record must be terminated in SEVIS.
* * * * *
(14) * * *
(ii) Application. An M-1 student must apply for permission to
accept employment for practical training on Form I-765 or successor
form, with fee as contained in 8 CFR part 106, accompanied by a
properly endorsed Form I-20 or successor form by the DSO for practical
training. The application must be submitted before the program end date
listed on the student's Form I-20 or successor form but not more than
90 days before the program end date. By recommending practical training
in SEVIS and endorsing the Form I-20 or successor form, the DSO
certifies that--
* * * * *
(iii) Duration of practical training. When the student is
authorized to engage in employment for practical training, they will be
issued an EAD. The M-1 student may not begin employment until he or she
has been issued an EAD by USCIS. One month of employment authorization
will be granted for each four months of full-time study that the M-1
student has completed. However, an M-1 student may not engage in more
than six months of practical training in the aggregate. The student
will not be granted employment authorization if he or she cannot
complete the requested practical training within six months.
(iv) Temporary absence of M-1 student granted practical training.
An M-1 student who has been granted permission to accept employment for
practical training and who temporarily departs from the United States,
may be readmitted for the remainder of the authorized period indicated
on the student's Form I-20 or successor form. The student must be
returning to the United States to perform the authorized practical
training. A student may not be readmitted to begin practical training
which was not authorized prior to the student's departure from the
United States.
(v) Effect of strike or other labor dispute. Authorization for all
employment for practical training is automatically suspended upon
certification by the Secretary of Labor or the Secretary's designee to
the Secretary of Homeland Security or the Secretary's designee that a
strike or other labor dispute involving a work stoppage of workers is
in progress in the occupation at the place of employment. As used in
this paragraph (m)(14)(v), ``place of employment'' means wherever the
employer or joint employer does business.
(vi) SEVP process. The DSO must update the student's record in
SEVIS to recommend that USCIS approve the student for practical
training, and generate a Form I-20 or successor form with the
recommendation, for the student to submit to USCIS with Form I-765 as
provided in this paragraph (m)(14).
* * * * *
(16) * * *
(i) General. USCIS may consider reinstating a student who makes a
request for reinstatement on Form I-539, Application to Extend/Change
Nonimmigrant Status or successor form, accompanied by a properly
completed Form I-20 or successor form indicating the DSO's
recommendation for reinstatement. USCIS may consider granting the
request only if the student:
* * * * *
(B) Does not have a record of repeated or willful violations of DHS
regulations;
(C) Is currently pursuing, or intends to pursue, a full course of
study at the school which issued the Form I-20 or successor form;
* * * * *
(F) Establishes to the satisfaction of USCIS, by a detailed
showing, either that:
* * * * *
(ii) Decision. The adjudicating officer will update SEVIS to
reflect USCIS's decision. If USCIS does not reinstate the student, the
student may not appeal the decision.
* * * * *
(18) Current name and address. A student must inform DHS and the
DSO of any legal changes to the student's name or of any change of
address, within 10 days of the change, in a manner prescribed by the
school. A student can satisfy the requirement in 8 CFR 265.1 of
notifying DHS by providing a notice of a change of address within 10
days to the DSO, and the DSO in turn must enter the information in
SEVIS within 21 days of notification by the student. Except in the case
of a student who cannot receive mail where the student resides, the
address provided by the student must be the actual physical location
where the student resides rather than a mailing address. In cases where
a student provides a mailing address, the school must maintain a record
of, and must provide upon request from DHS, the actual physical
location where the student resides.
(19) * * *
(i) Applicability. For purposes of the special rules in this
paragraph (m)(19), the term ``border commuter student'' means a
national of Canada or Mexico who is admitted to the United States as an
M-1 student to enroll in a full course of study, albeit on a part-time
basis, in a certified school located within 75 miles of a United States
land border. The border commuter student must maintain actual residence
and place of abode in the student's country of nationality, and seek
admission to the United States at a land border port-of-entry. These
special rules do not apply to a national of Canada or Mexico who is:
(A) Residing in the United States while attending a certified
school as an M-1 student; or
* * * * *
(ii) Full course of study. A designated school official at the
school may authorize an eligible border commuter student to enroll in a
course load below that otherwise required for a full course of study
under paragraph (m)(9) of this section, provided that the reduced
course load is consistent with the border commuter student's certified
course of study.
* * * * *
0
4. Amend Sec. 214.3 as follows:
0
a. The section heading, paragraphs (a)(1) introductory text,
(a)(1)(ii), (a)(2) paragraph heading, (a)(2)(i) introductory text,
(a)(2)(i)(A), and (F), (a)(2)(ii) introductory text, (a)(2)(iii) and
(iv), (a)(2)(v) introductory text, and (a)(2)(v)(B), and (C) are
revised.
0
b. In paragraph (a)(3)(ii)(A), add the word ``and'' to end of the
paragraph.
[[Page 75909]]
0
c. Paragraphs (b) and (c) and the last sentence in paragraph (e)(4)(ii)
are revised.
0
d. In paragraph (e)(5), remove the word ``initial''.
0
e. Paragraphs (e)(8), (g)(1) introductory text, (h)(1) introductory
text, (h)(1)(i) and (ii), and (h)(2)(i) introductory text are revised.
0
f. In paragraph (j), remove ``approved'' and ``approval'' and add in
their place ``SEVP-certified'' and ``certification'', respectively.
0
g. In paragraph (l)(1) introductory text, remove the references
``Sec. Sec. 214.1(b), 214.2(b), 214.2(f), 214.2(m), 214.4'' and add in
their place ``Sec. Sec. 214.2(f) and (m), 214.3 and 214.4''.
0
h. In paragraph (l)(1)(ii), remove the phrase ``his or her'' and add in
its place ``their'' in the second sentence and add the phrase ``at the
main campus'' after ``PDSO'' in the third sentence.
0
i. In paragraph (l)(2), revise the paragraph heading and remove
``sample'' in the first sentence.
0
j. In paragraph (l)(3), remove ``approval'' and ``the Service'' and add
in their place ``certification'' and ``DHS'', respectively.
The revisions read as follows:
Sec. 214.3 Certification and recertification of schools for
enrollment of F and M nonimmigrants.
(a) * * *
(1) General. A school or school system seeking certification or
recertification for attendance by nonimmigrant students under sections
101(a)(15)(F) or 101(a)(15)(M) of the Act, or both, must file a
petition for certification or recertification with SEVP, using the
Student and Exchange Visitor Information System (SEVIS), in accordance
with the procedures at paragraph (h) of this section. The petition must
state whether the school or school system is seeking certification or
recertification for attendance of nonimmigrant students under section
101(a)(15)(F) or 101(a)(15)(M) of the Act or both. The petition must
identify by name and address each location of the school that is
included in the petition for certification or recertification,
specifically including any physical location in which a nonimmigrant
can attend classes through the school (i.e., campus, extension
campuses, satellite campuses, etc.).
* * * * *
(ii) Submission requirements. Certification and recertification
petitions require that a complete Form I-17, Petition for Approval of
School for Attendance by Nonimmigrant Student, bearing signatures, be
included with the school's submission of supporting documentation. In
submitting the Form I-17, a school certifies that the designated school
officials (DSOs) signing the form have read and understand DHS
regulations relating to: nonimmigrant students at Sec. 214.1,
214.2(f), and/or 214.2(m); change of nonimmigrant classification for
students at 8 CFR part 248; school certification and recertification
under this section; withdrawal of school certification under this
section and Sec. Sec. 214.4; that both the school and its DSOs intend
to comply with these regulations at all times; and that, to the best of
its knowledge, the school is eligible for SEVP certification. Willful
misstatements may constitute perjury (18 U.S.C. 1621).
(2) Certification for F-1 or M-1 classification, or both--(i) F-1
classification. The following schools may be certified for attendance
by nonimmigrant students under section 101(a)(15)(F) of the Act:
(A) A college or university, i.e., an institution of higher
learning which awards recognized bachelor's, master's, doctor's or
professional degrees.
* * * * *
(F) A private elementary or middle school.
* * * * *
(ii) M-1 classification. The following schools are considered to be
vocational or nonacademic institutions and may be certified for
attendance by nonimmigrant students under section 101(a)(15)(M) of the
Act:
* * * * *
(iii) Both F-1 and M-1 classification. A school may be certified
for attendance by nonimmigrant students under both sections
101(a)(15)(F) and 101(a)(15)(M) of the Act if it has both instruction
in the liberal arts, fine arts, language, religion, or the professions
and vocational or technical training. In that case, a student whose
primary intent is to pursue studies in liberal arts, fine arts,
language, religion, or the professions at the school is classified as a
nonimmigrant under section 101(a)(15)(F) of the Act. A student whose
primary intent is to pursue vocational or technical training at the
school is classified as a nonimmigrant under section 101(a)(15)(M) of
the Act.
(iv) English language training for a vocational student. A student
whose primary intent is to pursue vocational or technical training who
takes English language training at the same school solely for the
purpose of being able to understand the vocational or technical course
of study is classified as a nonimmigrant under section 101(a)(15)(M) of
the Act.
(v) Schools not qualified for attendance. The following may not be
certified for attendance by foreign students:
* * * * *
(B) A public elementary or middle school; or
(C) An adult education program, as defined by section 203(1) of the
Adult Education and Family Literacy Act, Public Law 113-128, as
amended, U.S.C. 3272(1), if the adult education program is funded in
whole or in part by a grant under the Adult Education and Family
Literacy Act, or by any other Federal, State, county, or municipal
funding. * * *
(b) Supporting documents. Schools petitioning for certification or
recertification must submit the following supporting documents:
(1) Licensure, approval, and accreditation documents. A charter
will not be considered a license, approval, or accreditation.
(i) Public Schools. A petitioning school or school system owned and
operated as a public educational institution or system by the United
States or a State or a political subdivision thereof must submit a
certification to that effect signed by the authorized public official.
The official must certify that they are authorized to do so.
(ii) Private elementary, middle, or secondary schools. A
petitioning private elementary, middle, or secondary school or school
system must submit a certification signed by the authorized public
official that it meets the requirements of the State or local public
educational system. The official must certify that they are authorized
to do so.
(iii) Any other school. Any other petitioning school not included
under paragraph (b)(1)(i) or (ii) of this section must submit a
certification that--
(A) The school is licensed, approved, or accredited by the
authorized official, who must certify that they are authorized to do
so; or
(B) If the school offers courses recognized by a State-approving
agency as appropriate for study for veterans under the provisions of 38
U.S.C. 3675 and 3676, in lieu of such certification provided in
paragraph (b)(1)(i)(A) of this section, the school may submit a
statement of recognition signed by the authorized official of the State
approving agency, who must certify that they are authorized to do so.
(2) School operations information. Private schools that are not
accredited by a nationally recognized accrediting body or operated as
part of a school that is accredited by a nationally recognized
[[Page 75910]]
accrediting body must submit a school catalog, if one is issued. If not
included in the catalog, or if a catalog is not issued, the school must
furnish a written statement containing the following information listed
in paragraphs (b)(2)(i) through (vii) of this section:
(i) Size of its physical facilities;
(ii) Nature of its facilities for study and training;
(iii) Educational, vocational, or professional qualifications of
the teaching staff;
(iv) Salaries of the teachers;
(v) Attendance and scholastic grading policy;
(vi) Amount and character of supervisory and consultative services
available to students and trainees; and
(vii) Finances, including a certified copy of the accountant's last
statement of school's net worth, income, and expenses.
(c) Additional evidence--(1) Vocational, business, and language
schools, and American institutions of research. A petitioning
vocational, business, or language school, or an American institution of
research recognized as such by the Secretary of Homeland Security must
submit evidence that its courses of study are accepted as fulfilling
the requirements for the attainment of an educational, professional, or
vocational objective, and have not been designated vocational or
recreational through the appropriate licensing or approval officials.
(2) Unaccredited private elementary, middle, and secondary schools.
A petitioning private elementary, middle, or secondary school that is
not accredited by a nationally recognized accrediting body or operated
by a school that is accredited by a nationally recognized accrediting
body must submit evidence that attendance at the petitioning school--
(i) Satisfies the compulsory attendance requirements of the State
in which it is located; and
(ii) Qualifies graduates for acceptance by schools of a higher
educational level by a public school, a school accredited by a
nationally recognized accrediting body, or a secondary school operated
by a school that is accredited by a nationally recognized accrediting
agency.
(3) Unaccredited private institutions of higher learning. A private
institution of higher learning that is not accredited by a nationally
recognized accrediting body must submit evidence that--
(i) It confers upon its graduates recognized bachelor, master,
doctor, professional or divinity degrees; or
(ii) If it does not confer such degrees, its credits have been and
are accepted unconditionally by at least three other institutions of
higher learning that are public or accredited by a nationally
recognized accredited body.
* * * * *
(e) * * *
(4) * * *
(ii) * * * A withdrawal for failure to respond to a notice of
intent may not be appealed.
* * * * *
(8) Notice of SEVIS Access Termination Date. The Notice of SEVIS
Access Termination Date gives the official date for the school's denial
or withdrawal to be final and SEVIS access to be terminated. In most
situations, SEVP will not adjust a SEVIS access termination date for
that school when the appeals process has concluded and the denial or
withdrawal has been upheld, in accordance with Sec. 214.4(i)(2). The
school will no longer be able to access SEVIS and SEVP will
automatically terminate any remaining Active SEVIS records for that
school on that date.
* * * * *
(g) * * *
(1) Student records. An SEVP-certified school must keep records
containing certain specific information and documents relating to each
F-1 or M-1 student to whom it has issued a Form I-20 or successor form,
while the student is attending the school and until the school notifies
SEVP, in accordance with the requirements of paragraphs (g)(1) and (2)
of this section, that the student is no longer pursuing a full course
of study at that school. Student information not required for entry in
SEVIS may be kept in the school's student system of records, but must
be accessible to DSOs. The school must keep a record of having complied
with the reporting requirements for at least three years after the
student is no longer pursuing a full course of study at that school.
The school must maintain records on the student in accordance with
paragraphs (g)(1) and (2) of this section if a school recommends
reinstatement for a student who is out of status. The school must
maintain records on the student for three years from the date of the
denial if the reinstatement is denied. The DSO must make the
information and documents required by this paragraph (g)(1) available,
including academic transcripts, and must furnish them to DHS
representatives upon request. Schools must maintain and be able to
provide an academic transcript or other routinely maintained student
records that reflect the total, unabridged academic history of the
student at the institution, in accordance with paragraph (g)(1)(iv) of
this section. All courses must be recorded in the academic period in
which the course was taken and graded. The information and documents
that the school must keep on each student are as follows:
* * * * *
(h) * * *
(1) Certification. A school seeking SEVP certification for
attendance by nonimmigrants under section 101(a)(15)(F) or
101(a)(15)(M) of the Act must use SEVIS to file an electronic petition
(which compiles the data for the Form I-17) and must submit the
nonrefundable certification petition fee on-line.
(i) Filing a petition. The school must access the SEVP website at
<a href="https://www.ice.gov/sevis">https://www.ice.gov/sevis</a> to file a certification petition in SEVIS.
The school will be issued a temporary SEVIS user ID and password in
order to access SEVIS to complete and submit an electronic Form I-17.
The school must submit the proper nonrefundable certification petition
fee as provided in 8 CFR 103.7(d)(2).
(ii) Site visit, petition adjudication and school notification.
SEVP will conduct a site visit for each petitioning school and its
additional schools or campuses. SEVP will contact the school to arrange
the site visit. The school must comply with and complete the visit
within 30 days after the date SEVP contacts the school to arrange the
visit, or the petition for certification will be denied as abandoned.
DSOs and school officials that have signed the school's Form I-17
petition must be able to demonstrate to DHS representatives how they
obtain access to the regulations cited in the certification petition as
part of the site visit. Paper or electronic access is acceptable. DSOs
must be able to extract pertinent citations within the regulations
related to their requirements and responsibilities. SEVP will serve a
notice of approval and SEVIS will be updated to reflect the school's
certification if SEVP authorizes the school's certification petition.
* * * * *
(2) * * *
(i) Filing of petition for recertification. Schools must submit a
completed Form I-17 (including any supplements and bearing signatures
of all officials) using SEVIS. SEVP will notify all DSOs of a
previously certified school 180 days prior to the school's
certification expiration date that the school may submit a petition for
recertification. A school may file its recertification
[[Page 75911]]
petition at any time after receipt of this notification. A school must
submit a complete recertification petition package, as outlined in the
submission guidelines, by its certification expiration date. SEVP will
send a notice of confirmation of complete filing or rejection to the
school upon receipt of any filing of a petition for recertification.
* * * * *
(1) * * *
(2) Name, title, and signature. * * *
* * * * *
0
5. Amend Sec. Section 214.4 as follows:
0
a. In paragraph (a)(2) introductory text, remove the references to ``8
CFR 214.3(h)(3)(v)'', ``101(a)(15)(F)(i)'', and ``101(a)(15)(M)(i)''
and add in their place ``Sec. 214.3(h)(2)(v)'', ``101(a)(15)(F)'', and
``101(a)(15)(M)'', respectively.
0
b. In paragraph (a)(2)(iv), add ``or successor form'' after ``Form I-
20''.
0
c. In paragraph (a)(2)(viii), remove the phrase ``paper copies of'' and
add in its place ``with''.
0
d. In paragraphs (a)(2)(x) through (xix), add ``or successor form''
after ``Form I-20'' wherever it appears.
0
e. In paragraph (a)(3) introductory text, remove the reference ``8 CFR
214.3(h)(1)'' and add in its place ``Sec. 214.3(h)''.
0
f. Revise the first and last sentences of paragraph (a)(3)(iii).
0
g. Remove paragraph (a)(4).
0
h. In paragraph (c), remove ``approval'' and add in its place
``certification''.
0
i. Revise paragraph (d).
0
j. In paragraph (e), remove ``approval'' and add in its place
``certification''.
0
k. In paragraph (f)(1), remove ``approval'' and ``shall'' and add in
their place ``certification'' and ``will'', respectively.
0
l. In paragraph (f)(2):
0
i. Remove ``shall'' and add in its place ``will'';
0
ii. Remove ``In'' and add in its place ``At''; and
0
iii. Remove the phrase ``the district director'' and add in its place
``SEVP''.
0
m. In paragraph (h), remove the phrase ``of the approval''; and remove
the reference ``8 CFR 103.7(b)(1)(ii)(O)'' and add in its place ``8 CFR
103.7(d)(15)''.
0
n. In paragraph (i)(1), remove the phrase ``Certificate of Eligibility
for Nonimmigrant Student'' and add in its place ``Certificate of
Eligibility for Nonimmigrant Student Status, or successor form,''.
0
o. In paragraph (i)(2), remove the word ``initial'' in the second
sentence.
The revisions read as follows:
Sec. 214.4 Denial of certification, denial of recertification, or
withdrawal of SEVP certification.
(a) * * *
(3) * * *
(iii) Sixty days after the occurrence of the change of ownership if
the school failed to update its information in accordance with Sec.
214.3(h)(1) or properly file a new petition, SEVP will review the
petition if the school properly files such petition to determine
whether the school still meets the eligibility requirements of Sec.
214.3(a)(3) and is still in compliance with the recordkeeping,
retention, reporting and other requirements of Sec. 214.3(f), (g),
(j), (k), and (l). *** SEVP will institute withdrawal proceedings in
accordance with paragraph (b) of this section if, upon completion of
the review, SEVP finds that the school is no longer eligible for
certification, or is not in compliance with the recordkeeping,
retention, reporting and other requirements of Sec. 214.3(f), (g),
(j), (k), and (l), or failed to file a new petition within the
allowable 60-day timeframe.
* * * * *
(d) Allegations admitted or no answer filed. If the school or
school system admits all of the allegations in the notice of intent to
withdraw certification, or if the school or school system fails to file
an answer within the 30-day period, SEVP will withdraw the
certification previously granted and notify the designated school
official of the decision. No appeal of SEVP's decision will be accepted
if all allegations are admitted or no answer is filed within the 30-day
period.
* * * * *
0
6. Remove and reserve Sec. 214.12.
0
7. Amend Sec. 214.13 as follows:
0
a. In paragraph (a)(1), add a comma and '' middle,'' after the word
``elementary''.
0
b. Remove paragraph (b)(3).
0
c. In paragraphs (d)(1) and (d)(2), remove the phrase ``a DHS
approved'' and add in its place ``an SEVP-certified''.
0
d. In paragraph (d)(4), remove the term ``Status'' and add in its place
``States''.
0
d. In paragraph (g)(1)(i), remove the reference ``8 CFR 103.7(a)(1)''
and add in its place ``8 CFR 103.7(d)(8)''.
0
e. In paragraph (g)(4), remove the phrase ``an approved'' and add in
its place ``a certified''.
Alejandro N. Mayorkas,
Secretary, U.S. Department of Homeland Security.
[FR Doc. 2022-26013 Filed 12-8-22; 11:15 am]
BILLING CODE 9111-28-P
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</html>Indexed from Federal Register on December 12, 2022.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.