Eaton Peabody

Department of Justice proposes new rule regarding foreign student reporting - June 19, 2002

As part of its effort to improve Homeland Security, the Department of Justice recently proposed a rule which would change the way in which colleges and exchange visitor programs retain and report information on foreign students and would create an internet-based system for doing so. See May 10, 2002 News Release at #281: 05-10-02 JUSTICE DEPARTMENT PROPOSES RULE GOVERNING FOREIGN STUDENT REPORTING and Temporary Benefits CIPRIS.

Under the proposed rule, schools must collect and report information on foreign students, including:

• A student's enrollment at the school;
• The start date of the student's next term or session;
• A student's failure to enroll;
• A student dropping below a full course of study without prior authorization;
• Any other failure to maintain status or complete the program;
• A change of the student's or dependent's legal name or address;
• Any disciplinary action taken by the school against the student as a result of the student being convicted of a crime; and
• A student's graduation prior to the program end date listed on the Form.

For educational institutions, the internet-based reporting system, a.k.a. the Student and Exchange Visitor Information System (SEVIS), is currently slated to be up and running on a voluntary basis on July 1, 2002, with mandatory use scheduled to commence by January 30, 2003. INS has published guidance regarding the SEVIS system, including a Q&A found at Temporary Benefits. The INS website at Temporary Benefits CIPRIS also links to INS technical resources for colleges and universities.

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.