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INS published a Fact Sheet regarding the Student and Exchange Visitor Information System
On December 11, 2002, the INS published a Fact Sheet regarding the Student and Exchange Visitor Information System (SEVIS). See INS website at: http://www.ins.usdoj.gov/graphics/publicaffairs/factsheets/02.12FINALRU_FS.htm. SEVIS is an electronic information system designed to allow INS to keep track of foreign students and exchange visitors who enter the United States attend school. The fact sheet highlights the major components of the SEVIS system and the schoolsë obligations regarding record keeping and reporting.
Given that the mandatory compliance deadline for all authorized schools to use SEVIS is January 30, 2003, colleges and universities should familiarize themselves with SEVIS requirements and ensure that their procedures are up to date in this regard.
Foremost among SEVISës various mandates is the requirement that schools report a studentës failure to enroll. Under the current system, schools will be notified when a student has entered the Unites States using his I-20 form. The school is thereafter required to advise the INS within 30 days of the schoolës registration date whether or not the student has actually registered for classes. The designated school officer, or DSO, will receive a notice from SEVIS if he or she does not meet this obligation.
The remaining SEVIS requirements pertain primarily to updating information regarding foreign students enrolled in colleges and universities. These reporting requirements include reporting when any student has failed to maintain a status or complete his or her program, any change in the studentës or dependentës legal name or U.S. address, any student who has graduated early or prior to the program end date, any disciplinary action taken by the school against the student as a result of the student being convicted of a crime, and any other notification request made by SEVIS with respect to the current status of the student.
One final note of interest is that the Commissioner is waiving certain requirements imposed by the Family Educational Rights and Privacy Act, or FERPA, with regard to reporting student educational information. The Commissioner is permitted to waive FERPA requirements to the extent necessary to implement SEVIS.
Please contact Matthew S. Raynes, mraynes@eatonpeabody.com, for further information.
This paper is provided as general information, and is not a substitute for legal or other professional advice.
On December 11, 2002, the INS published a Fact Sheet regarding the Student and Exchange Visitor Information System (SEVIS). See INS website at: http://www.ins.usdoj.gov/graphics/publicaffairs/factsheets/02.12FINALRU_FS.htm. SEVIS is an electronic information system designed to allow INS to keep track of foreign students and exchange visitors who enter the United States attend school. The fact sheet highlights the major components of the SEVIS system and the schoolsë obligations regarding record keeping and reporting.
Given that the mandatory compliance deadline for all authorized schools to use SEVIS is January 30, 2003, colleges and universities should familiarize themselves with SEVIS requirements and ensure that their procedures are up to date in this regard.
Foremost among SEVISës various mandates is the requirement that schools report a studentës failure to enroll. Under the current system, schools will be notified when a student has entered the Unites States using his I-20 form. The school is thereafter required to advise the INS within 30 days of the schoolës registration date whether or not the student has actually registered for classes. The designated school officer, or DSO, will receive a notice from SEVIS if he or she does not meet this obligation.
The remaining SEVIS requirements pertain primarily to updating information regarding foreign students enrolled in colleges and universities. These reporting requirements include reporting when any student has failed to maintain a status or complete his or her program, any change in the studentës or dependentës legal name or U.S. address, any student who has graduated early or prior to the program end date, any disciplinary action taken by the school against the student as a result of the student being convicted of a crime, and any other notification request made by SEVIS with respect to the current status of the student.
One final note of interest is that the Commissioner is waiving certain requirements imposed by the Family Educational Rights and Privacy Act, or FERPA, with regard to reporting student educational information. The Commissioner is permitted to waive FERPA requirements to the extent necessary to implement SEVIS.
Please contact Matthew S. Raynes, mraynes@eatonpeabody.com, for further information.
This paper is provided as general information, and is not a substitute for legal or other professional advice.
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