Removal of Obsolete Procedures and Requirements Related to F, J, and M Nonimmigrants, 75891-75911 [2022-26013]
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75891
Rules and Regulations
Federal Register
Vol. 87, No. 237
Monday, December 12, 2022
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.
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
U.S. Immigration and Customs
Enforcement, Department of Homeland
Security.
ACTION: Interim final rule.
AGENCY:
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 Webbased 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
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SUMMARY:
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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:
• Federal eRulemaking Portal: https://
www.regulations.gov. 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
https://www.regulations.gov, 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 sevp@ice.dhs.gov or
telephone at 703/603–3400 (this is not
a toll-free number). Find program
information at https://www.ice.gov/sevis/
.
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 https://www.regulations.gov as
part of the public record and will
include any personal information you
have provided. See the ADDRESSES
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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 https://
www.regulations.gov 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 https://
www.regulations.gov 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 https://www.regulations.gov.
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
https://www.regulations.gov 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
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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
https://www.regulations.gov.
II. Table of Abbreviations
Abbreviation, Amplification
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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
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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
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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
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
B. Student and Exchange Visitor
Information System
SEVP uses SEVIS to maintain
information about:
• SEVP-certified schools;
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).
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 Outof-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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• F–1 students enrolled in academic
programs in the United States (and their
F–2 dependents);
• M–1 students enrolled in vocational
programs in the United States (and their
M–2 dependents);
• DOS-designated Exchange Visitor
Program sponsors; and
• 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:
• 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;
• Issue Form I–20 or successor form
to specific nonimmigrants to obtain F or
M status while enrolled at the school;
• Fulfill the school’s reporting
responsibility regarding student
addresses, courses of study, enrollment,
employment, and compliance with the
terms of the student status; and
• 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:
• Update sponsor information and
apply for re-designation every two
years;
• Issue Form DS–2019, Certificate of
Eligibility for Exchange Visitor (J–1)
Status, to specific individuals to obtain
J status;
• 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
• Transfer the exchange visitor SEVIS
records to other institutions.
Noncitizens must apply to an SEVPcertified 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-
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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, SEVPcertified 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 SEVPcertified 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.
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).
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
B. Revising References
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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.
DHS is updating the following
references:
• In § 214.1(b)(1), removing the
incorrect reference to § 214.2(f)(5)(iii),
which addresses duration of status
during annual vacation, and replacing it
with the correct reference to
§ 214.2(f)(5)(i), which addresses the
general requirements of duration of
status.
• In § 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.
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• In § 214.1(h), removing the
reference to § 2.1(a) of 8 CFR Title 8
Chapter I, which no longer exists,5 and
replacing it with the correct reference to
§ 2.1.
• In § 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.’’
• In § 214.2(f)(9)(ii)(A), removing the
reference to (f)(9)(ii)(B) which is now
reserved.6
• In § 214.2(f)(9)(iii), removing the
reference to § 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.
• In §§ 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.
• In § 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.
• In § 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.
• In § 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.
• In § 214.3(l)(1), correcting the crossreferences that use the term ‘‘designated
official’’ in § 214.4.
• In § 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),
5 Authority of the Secretary of Homeland
Security; Delegations of Authority; Immigration
Laws, 68 FR 10922 (Mar. 6, 2003).
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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101(a)(15)(F), and 101(a)(15)(M),
respectively. These references were
erroneous when DHS promulgated this
paragraph.
• In § 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.
• In § 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.
• In § 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 § 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 § 214.3(a)(1)(ii) and
214.3(h)(2)(i).
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In § 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 § 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 § 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 dataentry location. These procedures were
eliminated with the implementation of
SEVIS.
In § 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 dataentry 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 § 214.2(f) and (m), DHS is removing
all references to submission of
employment, internship, and extensionrelated 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 § 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.
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E. Original Signatures
In § 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.
Similarly, DHS is removing the terms
‘‘original’’ and ‘‘print’’ when referencing
Form I–20 in § 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
7 ICE Frequently Asked Questions for SEVP
Stakeholders about COVID–19, https://www.ice.gov/
doclib/coronavirus/covid19faq.pdf (last visited July
2021).
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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.
F. Middle Schools and Parochial
Schools
In § 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,
§ 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, § 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 §§ 214.3(a), (b), (c) and 214.13(a)
when referencing private elementary
and secondary schools. DHS is also
removing the term ‘‘parochial’’ in
§ 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
§§ 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
8 See SEVP Policy Guidance—Use of Electronic
Signatures and Transmission for the Form I–20,
Oct. 12, 2021, https://www.ice.gov/doclib/sevis/pdf/
I20-guidance.pdf (last visited December 2021).
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).
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75895
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.
H. Obsolete Language
In § 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 nonSEVIS 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 § 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 DOSdesignated 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
11 8
CFR 214.2(m)(9)(vi).
Board of Psychology, Licensing and
Registration, https://floridaspsychology.gov/
licensing/ (last visited August 2021).
12 Florida
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issue Form I–20 or successor form and
comply with its recordkeeping and
reporting requirements. Additional nonsubstantive changes are being made for
brevity and clarity as a result of
removing and revising paragraphs to
remove this obsolete language.
DHS is removing § 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.
DHS is removing § 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.
DHS is removing and reserving
§ 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 full13 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).
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 Outof-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,
https://oig.justice.gov/reports/INS/e0303/
background.htm (last visited July 2021).
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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 § 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 § 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.
DHS is removing paragraph
§ 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.
I. Clarifying and Organizational
Revisions
DHS is adding language to the
introductory paragraph in § 214.2(m)(9)
to mirror the language in § 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., § 214.2(f)(6)(i)(A)
through (H)). Similarly, § 214.2(m)(9)
follows the same format by providing
the general introductory requirements
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).
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).
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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.,
§ 214.2(m)(9)(i) through (iv)). DHS is
adding language to § 214.2(m)(9) to
reiterate that a course of study at a nonSEVP-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
§ 214.2(f)(6)(i).
DHS is revising § 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 § 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 § 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 § 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 § 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
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withdrawal of SEVP certification,’’ and
the regulatory text within this section
addresses the aftermath of a denial or
withdrawal of certification or
recertification. Specifically, § 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 nonsubstantive 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
$22,881 in 2021 dollars (for both 3 and
7 percent discount rates) and
unquantified benefits with regard to
convenience, time savings, and
improvements to the environment from
reduced paper use. It will also have
minor, qualitative costs on F and M
nonimmigrant students associated with
printing documents. Table 1
summarizes the findings of this
regulatory impact analysis.
TABLE 1—OMB CIRCULAR A–4 ACCOUNTING STATEMENT 2021 DOLLARS
Category
Impact
Source
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Benefits
Annualized Monetized Benefits ($ Million):
(3%) .....................................................................................
(7%) .....................................................................................
Annualized Quantified, but Unmonetized, Benefits.
Unquantified Benefits ..................................................................
$0.02 ..........................................................................................
$0.02 ..........................................................................................
RIA.
RIA.
Convenience and time savings in signature collection .............
Reduced Paper Use.
RIA.
Costs
Annualized Monetized Costs ($ Million):
(3%) .....................................................................................
(7%) .....................................................................................
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No Cost ......................................................................................
No Cost ......................................................................................
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RIA.
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TABLE 1—OMB CIRCULAR A–4 ACCOUNTING STATEMENT 2021 DOLLARS—Continued
Category
Impact
Source
Annualized Quantified, but Unmonetized, Costs ........................
No Cost ......................................................................................
RIA.
Transfers
Annualized Monetized Transfers.
From Whom to Whom.
Other Analyses
Effects
Effects
Effects
Effects
on
on
on
on
State, Local, and/or Tribal Governments ..................
Small Business ..........................................................
Wages.
Growth.
Baseline
This section details the regulatory
baseline for this interim final rule. Table
No Impact ...................................................................................
No Impact ...................................................................................
IFR.
IFR.
2 below provides a summary of the
anticipated changes to baseline
conditions.
TABLE 2—BASELINE ANALYSIS OF INTERIM FINAL RULE
Description of change
Affected
population
Cost impact
to affected
population
Benefit impact to affected
population
Removing original signature requirement to allow for greater
freedom in adopting electronic signature and transmission of documents.
Changing the wording in the
rule to promote clarity and
consistency, remove obsolete
language, and codify procedures and practices.
SEVP-certified schools .............
None ..............
School officials, students, and
others who need to understand and follow the requirements of the rule, including
legal practitioners and school
administrators.
None ..............
Cost savings for schools in reducing the time needed for
school officials to physically
sign forms for electronic filing.
The benefit of the rule’s greater
clarity, accuracy, and currency and the promotion of
an overall better understanding of the rule.
Provision
Original Signatures for
Form I–17.
All Other Technical Revisions.
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.
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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,
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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
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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,
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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,
https://www.ice.gov/doclib/sevis/pdf/
sevisBTN2020.pdf [last accessed July 2021].
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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
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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 SEVPcertified 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
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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.
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 ...........................................................................................................
B. Number of Minutes to Scan Each Document .....................................................................................................
C. Hourly Labor Rate for DSO 21 ............................................................................................................................
D. Estimated Labor Cost Per Document Scanned [(B/60)×C] ................................................................................
7,062
3
$44.72
$2.24
........................
........................
........................
........................
E. Total Labor Costs (A×D) .....................................................................................................................................
........................
$15,819
F. Estimated Pages Per Scan .................................................................................................................................
G. Estimated Cost Per Page (for Paper and Printing) ............................................................................................
H. Estimated Paper Costs Per Mailing (H×I) ..........................................................................................................
10
$0.10
$1.00
........................
........................
........................
I. Total Paper Costs (A×H) ......................................................................................................................................
........................
7,062
Total Cost Savings for Not Preparing and Scanning the Forms I–17 (E+I) ....................................................
........................
22,881
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).
TABLE 4—TOTAL ESTIMATED COST SAVINGS
[2021 Dollars]
2022
2023
2024
2025
2026
2027
2028
2029
2030
2031
Annual
cost-savings
discounted at 7%
.....................................................................................................................
.....................................................................................................................
.....................................................................................................................
.....................................................................................................................
.....................................................................................................................
.....................................................................................................................
.....................................................................................................................
.....................................................................................................................
.....................................................................................................................
.....................................................................................................................
$22,881
22,881
22,881
22,881
22,881
22,881
22,881
22,881
22,881
22,881
$22,214
21,567
20,939
20,329
19,737
19,162
18,604
18,062
17,536
17,026
$21,384
19,985
18,678
17,456
16,314
15,246
14,249
13,317
12,446
11,631
Total ..............................................................................................................
Annualized ...........................................................................................................
228,809
22,881
195,179
22,881
160,706
22,881
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 SEVPcertified schools). For any alternative to
offer greater benefits, it would need to
reduce the costs that SEVP-certified
schools incur in processing and
20 See ARX, ROI Calculation for Digital
Signatures, page 4 (May 2010).https://
hosteddocs.ittoolbox.com/digitalsignaturesroiwhite
paperover100.pdf.
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.
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
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Annual
cost-savings
discounted at 3%
Undiscounted
cost-savings
Year
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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.
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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 foreignbased companies in domestic and
export markets.
E. Executive Order 13132: Federalism
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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
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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
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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 § 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
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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.
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.
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.
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).
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.
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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,
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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
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).
2. Amend § 214.1 as follows:
a. In paragraph (b)(1) introductory
text, remove the reference to
‘‘§ 214.2(f)(5)(iii)’’ and ‘‘22 CFR
41.125(f)’’ and add in their place
‘‘§ 214.2(f)(5)(i)’’ and ‘‘22 CFR
41.112(d)’’, respectively.
■ b. In paragraph (b)(1)(iv) introductory
text, remove ‘‘§ 1.4’’ and add in its place
‘‘§ 1.4 of this chapter’’ and remove the
phrase ‘‘the alien’s Form I–20 ID copy,’’.
■ 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’’.
■ 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’’.
■ e. In paragraph (b)(2) introductory
text, remove the reference ‘‘22 CFR
■
■
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41.125(f)’’ and add in its place ‘‘22 CFR
41.112(d)’’.
■ f. In paragraph (b)(2)(iv):
■ i. Remove the phrase ‘‘copy three of’’;
■ ii. Remove ‘‘IAP–66’’ and add in its
place ‘‘DS–‘‘2019’’; and
■ iii. Remove the phrase ‘‘endorsed by
the Service’’ and add in its place
‘‘properly endorsed’’.
■ 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)’’.
■ 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’’.
■ i. In paragraph (h), remove ‘‘§ 2.1(a)’’
and ‘‘the Service’’ and add in their place
‘‘§ 2.1’’ and ‘‘DHS’’, respectively.
■ 3. Amend § 214.2 as follows:
■ 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.
■ b. Paragraph (f)(6)(iii)(D) is removed
and reserved.
■ 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.
■ 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.
■ 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’’.
■ 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’’.
■ 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.
■ h. In (f)(16)(i) introductory text,
(f)(16)(i)(B), (C), and (F) introductory
text, (f)(16)(ii) and (f)(17) are revised.
■ 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’’.
■ j. In paragraph (f)(18)(ii), remove
‘‘approved’’ and add in its place
‘‘certified’’.
■ k. In paragraph (f)(19), remove the
phrase ‘‘a Department of Homeland
Security (DHS)-approved’’ and add in
its place ‘‘an SEVP-certified’’.
■ l. Paragraphs (m)(1)(i)(A) through (C)
are revised.
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m. Paragraph (m)(1)(ii) is removed
and reserved.
■ n. Paragraphs (m)(1)(iii), (m)(2) and
(3), (m)(4)(i)(A) and (B), and (m)(4)(ii)
are revised.
■ o. In paragraph (m)(5), remove ‘‘Form
1–20’’, and add in its place ‘‘Form 1–20
or successor form’’ wherever it appears.
■ 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.
■ q. In paragraph (m)(15), remove the
phrase ‘‘The Service shall’’ and add in
its place ‘‘USCIS will’’.
■ r. Paragraphs (m)(16)(i) introductory
text, (m)(16)(i)(B), (C), and (F)
introductory text, and (m)(16)(ii) are
revised.
■ 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.
■ t. Paragraphs (m)(18), (m)(19)(i)
introductory text, (m)(19)(i)(A), and
(m)(19)(ii) are revised.
■ 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 ‘‘§ 214.13’’,
respectively.
The revisions read as follows:
■
§ 214.2 Special requirements for
admission, extension, and maintenance of
status.
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*
*
*
*
*
(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);
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(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 § 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
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75903
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 offcampus 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 § 214.3(a)(3) does not satisfy
the requirement of this paragraph
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(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) * * *
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(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
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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
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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 postcompletion 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
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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 § 214.3(g)(2)(iii).
*
*
*
*
*
(9) * * *
(i) On-campus employment. Oncampus 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 oncampus employment for the purposes of
this paragraph (f)(9)(i). In the case of offcampus 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
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75905
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
§ 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 offcampus 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 offcampus 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 oneyear intervals by certifying that:
*
*
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*
(F) * * *
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(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 offcampus 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
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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 postcompletion 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
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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.
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(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
§ 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
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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 § 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
§ 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
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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
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(the ‘‘transfer-in’’ school). Upon
notification by the student, the transferout 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 § 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 fulltime 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
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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.
*
*
*
*
*
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(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-ofentry. 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.
*
*
*
*
*
■ 4. Amend § 214.3 as follows:
■ 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.
■ b. In paragraph (a)(3)(ii)(A), add the
word ‘‘and’’ to end of the paragraph.
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c. Paragraphs (b) and (c) and the last
sentence in paragraph (e)(4)(ii) are
revised.
■ d. In paragraph (e)(5), remove the
word ‘‘initial’’.
■ 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.
■ f. In paragraph (j), remove ‘‘approved’’
and ‘‘approval’’ and add in their place
‘‘SEVP-certified’’ and ‘‘certification’’,
respectively.
■ g. In paragraph (l)(1) introductory text,
remove the references ‘‘§§ 214.1(b),
214.2(b), 214.2(f), 214.2(m), 214.4’’ and
add in their place ‘‘§§ 214.2(f) and (m),
214.3 and 214.4’’.
■ 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.
■ i. In paragraph (l)(2), revise the
paragraph heading and remove
‘‘sample’’ in the first sentence.
■ j. In paragraph (l)(3), remove
‘‘approval’’ and ‘‘the Service’’ and add
in their place ‘‘certification’’ and
‘‘DHS’’, respectively.
The revisions read as follows:
■
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§ 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
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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 § 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 §§ 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.
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(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
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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
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(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 § 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 SEVPcertified 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
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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 https://
www.ice.gov/sevis 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
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Federal Register / Vol. 87, No. 237 / Monday, December 12, 2022 / Rules and Regulations
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. * * *
*
*
*
*
*
■ 5. Amend § Section 214.4 as follows:
■ 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 ‘‘§ 214.3(h)(2)(v)’’, ‘‘101(a)(15)(F)’’,
and ‘‘101(a)(15)(M)’’, respectively.
■ b. In paragraph (a)(2)(iv), add ‘‘or
successor form’’ after ‘‘Form I–20’’.
■ c. In paragraph (a)(2)(viii), remove the
phrase ‘‘paper copies of’’ and add in its
place ‘‘with’’.
■ d. In paragraphs (a)(2)(x) through
(xix), add ‘‘or successor form’’ after
‘‘Form I–20’’ wherever it appears.
■ e. In paragraph (a)(3) introductory
text, remove the reference ‘‘8 CFR
214.3(h)(1)’’ and add in its place
‘‘§ 214.3(h)’’.
■ f. Revise the first and last sentences of
paragraph (a)(3)(iii).
■ g. Remove paragraph (a)(4).
■ h. In paragraph (c), remove
‘‘approval’’ and add in its place
‘‘certification’’.
■ i. Revise paragraph (d).
■ j. In paragraph (e), remove ‘‘approval’’
and add in its place ‘‘certification’’.
■ k. In paragraph (f)(1), remove
‘‘approval’’ and ‘‘shall’’ and add in their
place ‘‘certification’’ and ‘‘will’’,
respectively.
■ l. In paragraph (f)(2):
■ i. Remove ‘‘shall’’ and add in its place
‘‘will’’;
■ ii. Remove ‘‘In’’ and add in its place
‘‘At’’; and
■ iii. Remove the phrase ‘‘the district
director’’ and add in its place ‘‘SEVP’’.
■ 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)’’.
■ 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,’’.
■ o. In paragraph (i)(2), remove the word
‘‘initial’’ in the second sentence.
The revisions read as follows:
VerDate Sep<11>2014
16:04 Dec 09, 2022
Jkt 259001
§ 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 § 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 § 214.3(a)(3)
and is still in compliance with the
recordkeeping, retention, reporting and
other requirements of § 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 § 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.
*
*
*
*
*
■ 6. Remove and reserve § 214.12.
■ 7. Amend § 214.13 as follows:
■ a. In paragraph (a)(1), add a comma
and ’’ middle,’’ after the word
‘‘elementary’’.
■ b. Remove paragraph (b)(3).
■ c. In paragraphs (d)(1) and (d)(2),
remove the phrase ‘‘a DHS approved’’
and add in its place ‘‘an SEVPcertified’’.
■ d. In paragraph (d)(4), remove the
term ‘‘Status’’ and add in its place
‘‘States’’.
■ 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)’’.
■ 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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Frm 00021
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75911
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2022–1583; Project
Identifier MCAI–2022–01486–T; Amendment
39–22282; AD 2022–25–51]
RIN 2120–AA64
Airworthiness Directives; Airbus
Canada Limited Partnership (Type
Certificate Previously Held by C Series
Aircraft Limited Partnership (CSALP);
Bombardier, Inc.) Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule; request for
comments.
AGENCY:
The FAA is adopting a new
airworthiness directive (AD) for all
Airbus Canada Limited Partnership
Model BD–500–1A10 and BD–500–
1A11 airplanes. The FAA previously
sent this AD as an emergency AD to all
known U.S. owners and operators of
these airplanes. This AD was prompted
by reports of the autopilot/autothrottle
system design resulting in inadvertent
engagement of the autopilot when the
flightcrew was attempting to engage the
autothrottle late into the take-off phase
or when attempting to re-engage the
autothrottle during takeoff after
uncommanded disconnect. This AD
requires revising the Limitations section
of the existing airplane flight manual
(AFM) by revising the title of the
existing autopilot AFM limitation,
include a new warning prior to the
existing autopilot engagement
limitations, and include a new
limitation prohibiting selecting or
reselecting autothrottle during takeoff
after thrust levers are advanced to the
takeoff setting after the existing
autopilot engagement limitations. The
FAA is issuing this AD to address the
unsafe condition on these products.
DATES: This AD is effective December
27, 2022. Emergency AD 2022–25–51,
issued on November 22, 2022, which
contained the requirements of this
amendment, was effective with actual
notice.
The FAA must receive comments on
this AD by January 26, 2023.
ADDRESSES: You may send comments,
using the procedures found in 14 CFR
11.43 and 11.45, by any of the following
methods:
• Federal eRulemaking Portal: Go to
regulations.gov. Follow the instructions
for submitting comments.
• Fax: 202–493–2251.
• Mail: U.S. Department of
Transportation, Docket Operations, M–
SUMMARY:
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Agencies
[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 [www.gpo.gov]
[FR Doc No: 2022-26013]
========================================================================
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.
========================================================================
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.
-----------------------------------------------------------------------
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:
Federal eRulemaking Portal: https://www.regulations.gov.
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 https://www.regulations.gov, 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 [email protected] or telephone at 703/603-
3400 (this is not a toll-free number). Find program information at
https://www.ice.gov/sevis/.
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 https://www.regulations.gov 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 https://www.regulations.gov 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
https://www.regulations.gov 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 https://www.regulations.gov. 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 https://www.regulations.gov 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 https://www.regulations.gov.
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\
---------------------------------------------------------------------------
\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).
---------------------------------------------------------------------------
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\
---------------------------------------------------------------------------
\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).
---------------------------------------------------------------------------
B. Student and Exchange Visitor Information System
SEVP uses SEVIS to maintain information about:
SEVP-certified schools;
[[Page 75893]]
F-1 students enrolled in academic programs in the United
States (and their F-2 dependents);
M-1 students enrolled in vocational programs in the United
States (and their M-2 dependents);
DOS-designated Exchange Visitor Program sponsors; and
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:
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;
Issue Form I-20 or successor form to specific
nonimmigrants to obtain F or M status while enrolled at the school;
Fulfill the school's reporting responsibility regarding
student addresses, courses of study, enrollment, employment, and
compliance with the terms of the student status; and
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:
Update sponsor information and apply for re-designation
every two years;
Issue Form DS-2019, Certificate of Eligibility for
Exchange Visitor (J-1) Status, to specific individuals to obtain J
status;
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
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:
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.
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]]
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.
---------------------------------------------------------------------------
\5\ Authority of the Secretary of Homeland Security; Delegations
of Authority; Immigration Laws, 68 FR 10922 (Mar. 6, 2003).
---------------------------------------------------------------------------
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.''
In Sec. 214.2(f)(9)(ii)(A), removing the reference to
(f)(9)(ii)(B) which is now reserved.\6\
---------------------------------------------------------------------------
\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).
---------------------------------------------------------------------------
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.
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.
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.
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.
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.
In Sec. 214.3(l)(1), correcting the cross-references that
use the term ``designated official'' in Sec. 214.4.
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.
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.
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.
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, https://www.ice.gov/doclib/coronavirus/covid19faq.pdf
(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, https://www.ice.gov/doclib/sevis/pdf/I20-guidance.pdf (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,
https://floridaspsychology.gov/licensing/ (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, https://oig.justice.gov/reports/INS/e0303/background.htm (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, https://www.ice.gov/doclib/sevis/pdf/sevisBTN2020.pdf [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).https://hosteddocs.ittoolbox.com/digitalsignaturesroiwhitepaperover100.pdf.
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
https://www.ice.gov/sevis 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