Enhanced
Border Security and Visa Entry Reform Act
Public Law 107-173
Summary
This legislation was signed into law by President Bush on 05/14/2002.
It significantly expands the scope of information to be collected,
maintained, and reported by schools and program sponsors, and calls
for implementation by 09/11/2002 of a "Transitional Program"
which schools and sponsors will be required to comply with until
the Student and Exchange Visitor Information System (SEVIS) is fully
implemented.
F-1 and M-1 Students
New student information to be reported by schools includes:
- Registration and date of enrollment (reporting deadline to
be determined by federal regulations)
- Failure to register and enroll (statutory reporting deadline
- not later than 30 days after the deadline to register for
classes)
- Date of termination of studies and reason for termination
(reporting deadline to be determined by federal regulations)
J-1 Exchange Visitors
New exchange visitor information to be reported by program
sponsors includes:
- Date of commencement of program participation (reporting deadline
to be determined by federal regulations)
- Failure to commence program participation (statutory reporting
deadline - not later than 30 days after scheduled commencement
of participation)
- Date of termination of program participation and reason for
termination (reporting deadline to be determined by federal
regulations)
Transitional Program
This program begins no later than 120 days after enactment, which
is 09/11/2002, and ends when SEVIS is "fully implemented".
The program calls for the following:
- School must send to the U.S. Department of State (DOS) electronic
evidence of each F-1 and M-1 "acceptance" by the school,
and of each J-1 "acceptance" if the exchange visitor
is "seeking to attend an approved institution of higher
education" (compliance required for visa issuance)
- Citizenship and Immigration Service (USCIS) must notify school
if the individual enters the U.S. (no time frame for notification
is specified in the statute)
- School must notify USCIS of failure of individual (identified
by the USCIS through 2. above) to enroll or commence program participation
(statutory reporting deadline - not later than 30 days after
the deadline for registering for classes)
Other Provisions A biannual compliance review
of schools by the USCIS and, as appropriate, by the DOS is mandated.
Material failure to comply will result in the suspension of federal
authorization to enroll F-1 and/or M-1 students, and/or serve as
a program sponsor for J-1 exchange visitors.
Foreign Students and Exchange
Visitors (Sections 501)
Foreign Students
and Exchange Visitors (Sections 502)
|
