[Federal Register: September 25,
2002 (Volume 67, Number 186)]
[Rules and Regulations]
[Page 60107-60112]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr25se02-1]
========================================================================
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.
Prices of new books are listed in the first FEDERAL REGISTER issue of
each
week.
========================================================================
[[Page 60107]]
DEPARTMENT OF JUSTICE
Immigration and Naturalization Service
8 CFR Parts 103 and 214
[INS No. 2217-02]
RIN 1115-AG71
Requiring Certification of all Service Approved Schools for
Enrollment in the Student and Exchange Visitor Information System
(SEVIS)
AGENCY: Immigration and Naturalization Service, Justice.
ACTION: Interim rule with requests for comments.
-----------------------------------------------------------------------
SUMMARY: This rule will amend the Immigration and Naturalization
Service (Service) regulations governing review and certification of
Service approved schools and will continue the implementation of the
process by which schools may be approved to obtain access to the
Student and Exchange Visitor Information System (SEVIS). On October
30,
2001, the President issued Homeland Security Directive No. 2 (Directive
2) requiring the Service to conduct periodic reviews of all
institutions certified to receive nonimmigrant students. The Enhanced
Border Security and Visa Entry Reform Act of 2002, Public Law 107-173
(Border Security Act), enacted May 14, 2002, also requires a periodic
review of school approval. While the Service has an existing process
for certifying and decertifying schools, the Service is requiring that
all schools must apply for certification, in accordance with these new
mandates, prior to being allowed to enroll in SEVIS.
DATES: Effective date. This interim rule is effective
September 25,
2002.
Comment date. Comments must be submitted on or before November 25,
2002.
ADDRESSES: Please submit written comments to the Director,
Regulations
and Forms Services Division, Immigration and Naturalization Service,
425 I Street, NW, Room 4034, Washington, DC 20536. To ensure proper
handling, please reference INS No. 2217-02 on your correspondence.
Comments may also be submitted electronically to the Service at
insregs@usdoj.gov. When submitting comments electronically, you must
include INS No. 2217-02 in the subject heading so that your comments
can be routed to the appropriate program office. Comments may be
inspected at the above address by calling (202) 514-3291 to arrange
for
an appointment.
FOR FURTHER INFORMATION CONTACT: Maura Deadrick, Immigration
and
Naturalization Service, 425 I Street NW, Washington DC 20536, telephone
number (202) 514-3228.
SUPPLEMENTARY INFORMATION:
Background
Section 101(a)(15)(F)(i) of the Immigration and Nationality
Act
(Act) establishes the F nonimmigrant visa classification for foreign
students who wish to come to the United States temporarily to attend
an
academic or language training institution. Section 101(a)(15)(M)(i)
of
the Act establishes the M nonimmigrant visa classification for foreign
students who wish to come to the United States temporarily to attend
a
vocational education institution. An F or M nonimmigrant student may
enroll in a particular school only if the Attorney General has approved
the school for the attendance of F and M nonimmigrants. The Service
exercises the Attorney General's authority to approve, or withdraw the
approval of, schools that desire to admit F and M nonimmigrant
students. The current regulations are codified in 8 CFR 214.3 and
214.4.
On October 30, 2001, the President issued Homeland Security
Directive No. 2 (Directive 2) requiring the Service to conduct periodic
reviews of all institutions approved to accept nonimmigrant students.
More recently, section 502 of the Enhanced Border Security and Visa
Entry Reform Act of 2002 (Border Security Act), Public Law 107-173,
enacted May 14, 2002, requires the Service to review all schools
approved by the Service for attendance by F or M nonimmigrant students
within 2 years of the passage of the Border Security Act. The Border
Security Act also requires the Service to conduct periodic reviews of
the approval of schools every 2 years thereafter.
The Service's proposed SEVIS implementation rule, 67 FR 34862 (May
16, 2002), establishes the regulatory framework for SEVIS and provides
that the use of SEVIS will become mandatory for all schools on a
mandatory compliance date of January 30, 2003. Once the final SEVIS
implementation rule is adopted, and the mandatory compliance date is
reached, all Service-approved schools will be required to use SEVIS
for
the admission of new students and for the issuance of new forms for
existing students. Once a school is approved and enrolled in SEVIS,
it
must issue Forms I-20 for all newly enrolled students from SEVIS.
Furthermore, if a current student needs a new Form I-20 the school must
enter the student into SEVIS at that time in order to issue a SEVIS
Form I-20. The school may enter all of its current students prior to
January 30, 2003 if it so desires, but is not required to do so.
Following the mandatory compliance date, all new incoming foreign
students must be entered into SEVIS. Schools must enter all current
or
continuing students, into SEVIS by the end of the next academic cycle.
For example, in a semester academic calendar if a current student is
returning for a 2003 summer session, as that would most likely be the
next academic cycle, that student must be entered into SEVIS in order
to verify current enrollment. Another example might be if the student
is within a quarter academic calendar, the 2003 spring quarter would
be
when that student must be entered into SEVIS.
To facilitate the review of all Service-approved schools and to
ensure the enrollment of all eligible schools in SEVIS in a timely
manner, the Service has implemented a two-phased process for school
review and SEVIS enrollment.
Phase I was a preliminary enrollment period for certain currently
accredited schools. 67 FR 44344 (July 1, 2002). Eligible schools who
applied during the preliminary enrollment period were granted
preliminary access to SEVIS prior to paying the full certification fee
or submitting to a full certification review. Preliminary enrollment
began
[[Page 60108]]
on July 1, 2002, and closed with the publication of this
rule, as
provided in 8 CFR 214.12(b). Those schools that have electronically
submitted a Form I-17 in SEVIS, under preliminary enrollment as
provided in 8 CFR 214.12 prior to September 25, 2002, will be
adjudicated in accordance with the preliminary enrollment requirements.
Schools that have begun to fill out Form I-17 in SEVIS and saved the
form as a draft, but who have not electronically submitted the form
in
SEVIS prior to September 25, 2002, will be required to pay the
certification fee prior to certification in SEVIS in accordance with
this rule.
This interim rule implements Phase II of the transition to SEVIS
and provides that all schools not already approved to use SEVIS--
including a school that would have been eligible for preliminary
enrollment under 8 CFR 214.12 but did not apply for preliminary
enrollment--must undergo a certification review, and pay the associated
fee, prior to enrollment in SEVIS.
This rule implements Directive 2 and the Border Security Act by
requiring each school that is currently approved for attendance by F
and M nonimmigrants to undergo a review by the Service for approval
in
SEVIS no later than the SEVIS mandatory compliance date. This
opportunity to review currently-approved schools will help ensure the
integrity of the SEVIS program.
Petition for Initial Approval for Use of SEVIS
The school should begin the review process by accessing
the SEVIS
Web site at www.ins.usdoj.gov/sevis. By entering the basic contact
information required, the school official that will be filing the
petition for access to SEVIS will be issued a temporary user ID and
password for SEVIS. Using this ID and password, the school official
will access SEVIS on-line and complete and electronically submit the
Form I-17 and the required fee.
In order to be reviewed by the Service and be granted access to
SEVIS prior to the mandatory compliance date, schools are strongly
encouraged to submit an electronic Form I-17 to the Service using SEVIS
no less than 75 days prior to the compliance deadline. The Service
cannot guarantee timely final action on any Form I-17 petition not
filed at least 75 days prior to the SEVIS mandatory compliance
deadline. In general, Forms I-17 will be adjudicated in a timely manner
within 6 months of filing in accordance with the Service's backlog
reduction plan. A school that has a Form I-17 pending adjudication in
SEVIS after the mandatory compliance date will be unable to issue Forms
I-20 until approved and granted SEVIS access.
A school's approval will be automatically withdrawn as of the day
following the SEVIS mandatory compliance date if the school has not
submitted an electronic Form I-17 to initiate the certification review
process by then. If a school's approval is withdrawn, the school may
not issue any Forms I-20 for new F or M nonimmigrant students.
Currently enrolled students must transfer to a different Service-
approved school no later than the next semester, quarter, trimester
or
other academic term.
Review of Petitions for Initial Certification and Enrollment
in SEVIS
The current regulations, in 8 CFR 214.3, provide for
a paper-based
application process, in which the school seeking Service approval must
submit a paper Form I-17 together with specific forms of documentation.
The evidentiary requirements are currently contained in 8 CFR 214.3(b)
and (c) and the instructions on Form I-17. With the advent of
electronic filing of the Form I-17, the school will not be required
to
present the accompanying documentation until the time of the on-site
visit, as discussed below.
The purpose of certification review under this rule is two-fold:
both to establish the bona fides of the school with regard to its
educational or vocational programs, and also to review the adequacy
of
the school's past and current efforts to comply with the existing
requirements governing foreign students. The Service recognizes that
many schools are already accredited by educational organizations
recognized by the Department of Education, or are approved by state
education agencies. Accordingly, the Service will coordinate with the
Department of Education and other appropriate education agencies
regarding the documentation needed to establish the bona fides of such
schools. However, neither the Department of Education nor other
education agencies currently maintain information regarding the
compliance of each school with the existing requirements of the
Service's regulations governing foreign students. Accordingly, the
Service will still need to conduct a certification review for such
schools to determine the adequacy of the school's compliance with the
foreign student requirements. The Service will review and adjudicate
the electronic Form I-17, as supplemented by the results of the
completed on-site visit. During the on-site visit any signatures or
supporting documentation will be collected and will be provided to the
Service with the on-site report. Schools will receive notice of full
certification approval, denial, or request for evidence via a SEVIS-
generated electronic mail.
If a Service Officer requires clarification, updated documentation
or further evidence to properly adjudicate the Form I-17, a request
for
evidence will be issued. Schools will receive notice of a request for
evidence via a SEVIS-generated electronic mail, which will identify
specific information or clarification the Service requires.
Approved schools will be enrolled in SEVIS and the Designated
School Officials (DSO) listed on the electronic Form I-17 will be
issued permanent user ID and passwords. If denied, the petitioner will
receive e-mail notification through SEVIS and written notification from
the Service.
If a school is denied certification, the school will receive
written notice of the reasons for the denial and of the process for
seeking review of such denial. The Service intends to issue a notice
of
proposed rulemaking in the near future to revise the withdrawal and
appeal processes for schools in the foreign student program.
On-Site Reviews
This rule provides for an on-site visit as part of the
certification. At the time of the on-site review, the school will be
able to present supporting documentation evidencing its eligibility
for
Service approval.
The Service will determine by risk analysis the order in which
schools will undergo an on-site review. All vocational (M) schools,
flight schools, and language schools will be required to complete an
on-site review before the Service will allow them to enroll in SEVIS.
However, upon the discretion of the Service, the Service may allow
conditional enrollment in SEVIS for accredited schools or for public
secondary schools, prior to an on-site visit. Such schools will still
be required to pay the associated on-site review fee when filing their
Form I-17. If the Service does conditionally enroll schools in SEVIS,
prior to an on-site visit, those schools will be subject to the full-
scale review and on-site visit at a later date. The Service may request
certain supporting information from schools in making a determination
for conditional enrollment. Schools granted conditional enrollment may
ultimately be denied certification based upon the results of the on-
site review.
In general, all schools need to establish that they are bona fide
[[Page 60109]]
institutions of learning with the financial ability to
remain a viable
institution. The Service will utilize Department of Education
information, as appropriate, to assist in the verification of the
school's bona fides. The required supporting documentation is specific
to the type of school petitioning. The evidentiary requirements are
currently contained in 8 CFR 214.3(b) and (c) and in the instructions
on the Form I-17. More detailed information and examples of the
evidentiary documentation that the Service will accept from each school
type will be made available on the Service's website.
Upon review of the findings of the on-site visit and any supporting
documentation, a Service officer will determine the school's
eligibility for approval. If the school was required to undergo the
certification review, including an on-site visit, prior to enrollment
in SEVIS, the school will be enrolled in SEVIS if approved. Schools
that were approved for preliminary enrollment by the Service under 8
CFR 214.12, or that are conditionally enrolled in SEVIS under the
Service's discretionary authority as provided in this rule under 8 CFR
214.3(h)(2) without an on-site visit, must complete the full
certification review process prior to May 14, 2004. Until an on-site
visit is conducted, a school enrolled in SEVIS under preliminary
enrollment or conditional enrollment will be permitted to operate in
SEVIS. After an on-site visit is conducted and the review process is
completed, if approved, the school will be fully certified and may
continue in SEVIS. If, after the on-site visit, the Service denies full
certification, the Service will send electronic notification through
SEVIS to the school indicating the reasons for the denial and the
process for seeking review of such denial.
Subsequent Certification Reviews Every 2 Years
This interim rule only governs the initial process for
certification of schools prior to enrollment in SEVIS (or, for schools
previously approved for preliminary enrollment in SEVIS pursuant to
8
CFR 214.12, for initial certification prior to May 2004). However, both
Directive 2 and the Border Security Act require the Service to conduct
periodic reviews of all Service-approved schools. Accordingly, every
school that completes the certification process under this rule must
be
reviewed every 2 years thereafter. This is a departure from the current
practice, in which a school's approval continues indefinitely, unless
the Service affirmatively withdraws the approval. For this reason, the
Service is striking the provision in 8 CFR 214.3(e)(2) relating to
indefinite approval and inserting a reference to clarify that schools
must be approved every two years.
At this time, this rule simply amends 8 CFR 214.3(h) to note that
the Border Security Act requires a review of all approved schools every
2 years. The Service will implement, in a separate rulemaking
proceeding, more specific procedures for schools to apply for a
subsequent certification review--after having completed the initial
certification process under this rule.
Fee for the Initial Filing of Form I-17
As the Service will be requiring on-site reviews prior
to the
initial approval of Form I-17, a new fee is necessary to support the
review. The new fee includes the current internal Service cost, $230,
for the review of the Form I-17, as well as the cost of the on-site
review, $350, for a total of $580.
The primary difference between the Internet system and the paper
system is how the school submits Form I-17. Instead of the current,
paper-based process of the school having to request the form, fill out
the form, and mail to the Service, the school will now electronically
complete and submit the form to the Service. As stated above, the $580
fee includes both the base cost of processing of the Form I-17 and the
on-site visit. In addition, the cost of the on-site review must be paid
for each additional campus listed on the Form I-17B, with the exception
of secondary public school systems. The per-campus cost is due to the
fact that each campus will be subject to an on-site review. For
instance, if School X, when submitting the Form I-17, lists two
additional campuses, the total fee paid by School X is $1280 ($580 +
$350 + $350). Instructions for electronic payment of the fee will be
included on the Internet for schools when applying for review and
enrollment in SEVIS.
Calculation of the New Fee
Federal guidelines require the Service to establish and
collect
application fees to recover the full cost of providing immigration and
naturalization services, rather than supporting these services with
tax
revenue. This rule requires all schools not already approved to use
SEVIS to pay the certification fee prior to certification in SEVIS.
If
a school pays this fee and is granted enrollment in SEVIS prior to the
on-site review, the school will not be required to pay the fee again
at
the time of that on-site review. All schools must pay the same
certification fee.
The fee for initial certification is $580. A certification fee also
will be charged for each subsequent 2-year re-certification. While the
fee will be re-visited every 2 years to assure that the Service is
charging no more and no less than the full costs of the school review,
the Service anticipates a fee for re-certification that is comparable
to the initial certification fee.
This fee is based on the internal Service cost, $230, plus the
average cost of a required site visit to the school to perform a
compliance verification, $350. The $230 internal Service cost was
established previously and is not changed by this interim rule. See
66
FR 65811 (December 21, 2001).
The additional $350 cost for an on-site visit and compliance
verification was calculated, and procurement strategy formulated, as
follows: The Service will hire contractors to make the site visits and
produce standard reports for the Service to consider before approving
any school's use of SEVIS. The Service intends to award multiple
contracts to ensure that there is enough capacity to handle a large
number of school applicants.
In early June 2002, the Service issued a request for proposals to
six vendors who have ``schedule contracts'' with the General Services
Administration (GSA) and are available to perform services of this type
for federal departments and agencies. The GSA requires agencies to
request proposals from at least three vendors before entering an
agreement with a vendor for services, but in this case the Service
elected to solicit proposals from six vendors. The statement of work
for the vendors describes the type of site visits required. Site visits
will include collection of supporting documentation submitted by the
school, a tour of the campus, an interview with school officials, and
a
review of selected school records relating to the school's compliance
with applicable standards under 8 CFR 214.3. The statement of work also
includes a template to be used on site by the vendor to collect the
above mentioned information and prepare a report. In order to expedite
the certification process, vendors will be required to deliver these
reports to the Service within 10 working days from the time that the
site visit is requested. The information in this report will assist
the
Service in verifying both the bona fides of the school and, in the case
of currently approved schools, the continued compliance with
recordkeeping and reporting requirements. Each vendor is required
[[Page 60110]]
to have a nationwide network of qualified and trustworthy
employees
available to perform these site visits. On this basis, five vendors
submitted proposals to the Service to perform these services, with a
fixed price per on-site review.
The Service derived the on-site review portion of the fee by taking
the three lowest-priced proposals and taking the average of their fixed
prices proposed for the first 2 years of the contract. The Service did
not take the lowest bid with one contractor, because using only one
contractor would not provide sufficient assurance that a large number
of reviews could be completed within a short period of time and with
the level of quality that is required. The Service also did not give
preferential weight to any one bid when calculating this average cost
because the Service cannot anticipate the geographic or numerical
capacity, quality, or timeliness of any one vendor. The Service
believes that this method will take advantage of the economies offered
by competitive pricing, without sacrificing quality or capacity to
conduct a large number of on-site reviews during a short period of
time. In addition, the calculation excluded the highest bid proposed
because the Service believes that three vendors should be sufficient.
The calculation excluded years 3 through 5 of the vendor proposals
because Federal guidelines require the Service to reconsider all fees
on a 2 year cycle. Therefore, the Service will review the
certification/re-certification fee in 2 years to ensure that it is
charging no more and no less than the full costs of providing this
service.
Certification Fee for Public Schools
While the current regulations at 8 CFR 103.7(b)(1) exempt
all
publicly owned or operated institutions from the payment of the Form
I-
17 fee, because the Service will be conducting an on-site review of
all
approved schools every 2 years, as well as for any schools applying
for
initial approval, a fee payment is now necessary to fund this
comprehensive plan for review. Although public schools were
historically exempt from the Form I-17 adjudication fee, there is no
adequate basis to continue such an exemption. The Service incurs
processing and internal review costs for adjudicating any Form I-17,
regardless of whether a school is a public or private institution.
A public secondary school or school system owned or operated as a
public educational institution or system by the United States or a
state or political subdivision thereof is required to pay only the $580
fee for the entire school system, and not an additional fee for each
school within that system. However, public, postsecondary schools with
more than one campus must pay a fee for each school or campus.
Initial Form I-17 Petitions for School Approval That Were
Filed by
Schools Prior to September 25, 2002, But Have Not Yet Been Adjudicated
A school that filed an initial petition for school approval,
Form
I-17, with the Service, but not via SEVIS under preliminary enrollment,
prior to September 25, 2002, and whose petition is still pending
approval before the Service on that date, has two options.
The Service will contact the school to determine whether the school
would like to re-file the Form I-17 electronically through SEVIS. If
the school does intend to re-file electronically, the school would be
required to undergo a full-scale review, including an on-site visit
prior to being granted enrollment in SEVIS. The school would not have
to pay the internal Service cost portion of the Form I-17 processing
fee, $230, as it paid that portion of the fee at the time of filing
the
original Form I-17. However, as such a school would still have to
undergo an on-site review, the school would be required to pay the cost
of that review, $350 per campus. This additional fee would be paid as
part of the electronic Form I-17 submission process.
If the school informs the Service that it does not wish to re-file
in SEVIS, the Service will review and adjudicate the paper Form I-17
petition as submitted. If it wishes to enroll foreign students after
the mandatory compliance date, such a school must still apply for
certification in SEVIS, pay the full amount of the certification fee,
and undergo a full scale review in accordance with this rule if it
wishes to enroll foreign students after the mandatory compliance date.
All schools will be required to submit a Form I-17 electronically
in SEVIS. One of the primary purposes of SEVIS is to transition to
electronic filing and reporting. As an e-Gov system, SEVIS requires
additional information that was not required in the older, paper-based,
process, such as e-mail addresses. However, once a school has entered
their Form I-17 electronically and been approved, the Service believes
that utilizing SEVIS will reduce the school's burden, for example, by
facilitating certain updates to the Form I-17 directly via SEVIS.
Accordingly, schools must enter their own data into SEVIS.
Good Cause Exception
This rule is effective on publication in the Federal
Register. The
Service finds that good cause exists both for adopting this rule
without the prior notice and comment period ordinarily required by 5
U.S.C. 553, and for making this rule immediately effective, rather than
having it enter into force 30 days after publication. The USA PATRIOT
Act, Public Law 107-56, mandates that SEVIS be fully implemented prior
to January 1, 2003. Further, the Border Security Act requires the
Service to review all schools within 2 years of its enactment. In order
to meet the mandate for complete functionality of SEVIS while ensuring
the integrity of data in SEVIS, a timely review of all schools is
necessary prior to allowing a school to access SEVIS. Additionally,
the
provision for review of all approved schools is an important part of
helping to safeguard against the abuse of the traditional American
openness to foreign students by foreign terrorists. Because of the
vital national security concerns that underpin Directive No. 2, the
USA
PATRIOT Act, and the Border Security Act, it would be contrary to the
public interest to observe the requirements of 5 U.S.C. 533(b) and (d).
Regulatory Flexibility Act
The Commissioner, in accordance with 5 U.S.C. 605(b),
has reviewed
this regulation and, by approving it, certifies that although this rule
will have an economic impact on schools, the impact should not be
significant since the $580 is not a substantial amount when considered
in relation to the revenue generated by schools during the fiscal year.
This money can easily be recouped through student fees or slight budget
adjustments. Additionally, the information a school must submit is
information that should be readily available to the school. Thus, any
economic impact will not be ``significant.''
The fee is calculated based on the cost of conducting on-site
visits, compliance verification, and staffing requirements.
Unfunded Mandates Reform Act of 1995
Section 502 of the Enhanced Security and Visa Entry Reform
Act of
2002, Public Law 107-173, dated March 14, 2002, requires the Service
to
conduct a review of the institutions certified to receive nonimmigrants
under section 101(a)(15) (F) or (M) of the Act on a recurring 2-year
basis. Although the Service will be charging a fee (to recover the cost
of certification), and the fee will have an impact on State public
[[Page 60111]]
secondary schools and State universities, the Service
has drafted the
regulation to reduce the impact. For example, in the State of Virginia,
the Fairfax County Public School system has 24 public high schools yet
the Service would only require that the county pay a fee of $580
instead of $13,920 ($580 x 24 schools). Although the formula would be
different for State universities that would require that they pay the
$580 fee for each campus, the State universities would more than recoup
the cost in the tuition they charge students. The Service estimates
that the total cost every two years for the certification of all
schools (including State universities and public secondary schools)
covered under this rule will be $8.7 million (15,000 schools including
universities with multiple campuses x $580 = $8.7 million) plus
$162,000 (time spent by the school to undergo a site visit review based
on the number of respondents (15,000) x 65 minutes (1.08) per response
x $10 (average hourly rate) = $162,000) equaling $8.9 million that is
far below the $100 million threshold.
Accordingly, the Service finds that this rule will not result in
the expenditure by state, local or tribal governments, in the
aggregate, or by the private sector, of $100 million or more in any
one
year, and it will not significantly or uniquely effect small
governments. Therefore, no actions were deemed necessary under the
provisions of the Unfunded Mandates Reform Act of 1995.
Small Business Regulatory Enforcement Fairness Act of
1996
This rule 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 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 United States-based companies to compete with foreign-
based companies in domestic and export markets.
Executive Order 12866
This rule is considered by the Department of Justice,
Immigration
and Naturalization Service, to be a ``significant regulatory action''
under Executive Order 12866, section 3(f), Regulatory Planning and
Review. Accordingly, this regulation has been submitted to the Office
of Management and Budget for review.
Executive Order 13132
As discussed above, the fee charged by the Service to
recover the
cost of certification will have an impact on State public secondary
schools and State universities. However, the Service has drafted the
regulation to reduce the impact. In the case of public secondary
schools, the Service will charge one fee per school system, not a fee
for each school within that system. Additionally, although State
universities will be charged a fee for each campus, such institutions
can recoup the cost in the tuition they charge students. Accordingly,
the Service finds that this rule will not have substantial direct
effects 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.
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.
Paperwork Reduction Act of 1995
The information collection requirement to electronically
enroll in
SEVIS has been approved by the Office of Management and Budget (OMB)
in
accordance with the Paperwork Reduction Act. The OMB control number
for
this collection is 1115-0252.
List of Subjects
8 CFR Part 103
Administrative practice and procedure, Authority delegations
(Government agencies), Freedom of information, Privacy, Reporting and
recordkeeping requirements, Surety bonds.
8 CFR Part 214
Administrative practice and procedure, Aliens, Employment,
Foreign
officials, Health professions, Reporting and recordkeeping
requirements, Students.
Accordingly, chapter I of title 8 of the Code of Federal
Regulations is amended as follows.
PART 103--POWERS AND DUTIES OF SERVICE OFFICERS; AVAILABILITY
OF
SERVICE RECORDS
1. The authority citation for part 103 continues to read
as
follows:
Authority: 5 U.S.C. 552, 552a; 8 U.S.C. 1101, 1103, 1304,
1356;
31 U.S.C. 9701; E.O. 12356, 47 FR 14874, 15557, 3 CFR, 1982 Comp.,
p. 166; 8 CFR part 2.
2. Section 103.7(b)(1) is amended by revising the entry
for ``Form
I-I7'', to read as follows:
Sec. 103.7 Fees.
* * * * *
(b) * * *
(1) * * *
* * * * *
Form I-17. For filing a petition for school approval or
recertification--$580 plus $350 per additional campus listed on Form
I-
17B.
* * * * *
PART 214--NONIMMIGRANT CLASSES
3. The authority citation for part 214 continues to read
as
follows:
Authority: 8 U.S.C. 1101, 1101 note, 1103, 1182, 1184,
1186a,
1187, 1221, 1281, 1282; 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; 8 CFR part
2.
4. Section 214.3 is amended by:
a Revising the section heading;
b. Adding a new paragraph (a)(1)(i);
c. Adding and reserving a new paragraph (a)(1)(ii);
d. Revising paragraphs (d), (e)(2), and (h).
The additions and revisions read as follows:
Sec. 214.3 Approval of schools for enrollment of F and M
nonimmigrants.
(a) * * *
(1) * * *
(i) Filing a petition after the SEVIS mandatory compliance date.
Any school or school system seeking approval for attendance by
nonimmigrant students after the SEVIS mandatory compliance date must
electronically file a petition for initial approval using the Student
and Exchange Visitor Information (SEVIS). To electronically file a
petition, the petitioning school must access SEVIS on the Internet and
provide the following information: the school's name; the first,
middle, and last name of the contact person for the school; and the
email address of the contact person. Once this basic information has
been submitted, the school will be issued a temporary ID and password
in order to access the SEVIS site to complete and submit an electronic
Form I-17.
(ii) [Reserved.]
* * * * *
[[Page 60112]]
(d) Interview of petitioner. An authorized representative
of the
petitioner may be required to appear in person before an immigration
officer prior to the adjudication of the petition to be interviewed
under oath concerning the eligibility of the school for approval.
(e) * * *
(2) General. Upon approval of a petition, the district director
shall notify the petitioner. An approved school is required to report
immediately to the district director having jurisdiction over the
school any material modification to its name, address, or curriculum
for a determination of continued eligibility for approval. The approval
is valid only for the type of program and student specified in the
approval notice. The approval may be withdrawn in accordance with the
provisions of 8 CFR 214.4, and is subject to review every 2 years.
* * * * *
(h) SEVIS certification and school review.--
(1) Review of schools for initial enrollment in SEVIS. Each school
that is currently approved for attendance by nonimmigrants under
section 101(a)(15)(F)(i) or 101(a)(15)(m)(i) of the Act, is required
to
apply for review by the Service for continuation of approval and access
to SEVIS no later than the SEVIS mandatory compliance date.
(i) SEVIS certification process. In order to ensure that the
Service has sufficient time to review and adjudicate all submitted
Forms I-17 prior to the SEVIS mandatory compliance date, schools must
electronically complete a Form I-17 in SEVIS and submit a certification
fee of $580 at least 75 days prior to the SEVIS mandatory compliance
date. A school may still submit a Form I-17 any time prior to the SEVIS
mandatory compliance date. However schools that file petitions less
than 75 days prior to the SEVIS mandatory compliance date may
experience a period during which they may not issue Forms I-20 as the
Service completes the review process. Schools may begin the review
process by accessing the SEVIS website and entering the basic contact
information required in order to receive a temporary user ID and
password for SEVIS. Using this ID and password, the school official
will again access the SEVIS website and complete and submit the
electronic Form I-17.
(ii) Preliminary enrollment in SEVIS. Schools that were approved
for preliminary enrollment by the Service under 8 CFR 214.12 must
complete the certification review process, including submission of the
required fee, prior to May 14, 2004.
(2) Service adjudication. The Service will review the electronic
Form I-17 information submitted in SEVIS and will require an on-site
visit of the school. If the Service approves the certification request,
SEVIS will be updated to reflect the approval and will automatically
generate permanent passwords and IDs for all Designated School
Officials listed. Upon the discretion of the Service, certain schools
may be conditionally enrolled in SEVIS prior to the on-site visit, as
provided in Sec. 214.12(e). If the Service does allow a school to
enroll in SEVIS prior to an on-site review, the school will be subject
to a full-scale review and on-site visit at a later date. If the
Service denies SEVIS certification, the Service will send electronic
notification through SEVIS to the school and mail written notification
that includes the reasons for denial and the process for seeking review
of such denial.
(3) Two-year review of school approval. The Service will review the
approval of a school every 2 years and will charge a recertification
fee to review a school's compliance with the reporting requirements
of
paragraph (g)(2) of this section and continued eligibility for approval
pursuant to paragraph (e) of this section. If the Service determines
that a recertification should be denied, the school will be notified
of
the reasons for denial and the process for seeking review of such
denial.
(4) Periodic review of approved schools. In addition, the Service
may, at any time, review the approval of a school to verify compliance
with the reporting requirements of paragraph (g)(2) of this section
and
continued eligibility for approval pursuant to paragraph (e) of this
section. The Service shall also, upon receipt of notification, evaluate
any changes made to the name, address, or curriculum of an approved
school to determine if the changes have affected the school's
eligibility for approval. The Service may require the school under
review to furnish a currently executed Form I-17 without fee, along
with supporting documents, as a petition for continuation of school
approval when there is a question about whether the school still meets
the eligibility requirements. If upon completion of the review, the
Service determines that the school is not eligible for continued access
to SEVIS, the Service will institute withdrawal proceedings in
accordance with 8 CFR 214.4(b).
* * * * *
5. Section 214.4 is amended by adding a new paragraph (a)(3), to
read as follows:
Sec. 214.4 Withdrawal of school approval.
(a) * * *
(3) Automatic withdrawal as of SEVIS mandatory compliance date. The
present approval of any school that has not filed for enrollment in
SEVIS by the mandatory compliance date for attendance of nonimmigrant
students under section 101(a)(15)(F)(i) or 101(a)(15)(M)(i) of the Act
is automatically withdrawn as of the day following the mandatory
compliance date for SEVIS. Given the time necessary to conduct a review
of each school, the Service will review and adjudicate Form I-17
petitions for approval in SEVIS prior to the SEVIS mandatory compliance
date only for Form I-17 petitions filed at least 75 days prior to this
mandatory date. If a Form I-17 petition is filed less than 75 days
prior to the mandatory compliance date and is not adjudicated prior
to
the mandatory compliance date, the school will not be authorized to
access SEVIS and will be unable to issue any SEVIS Forms I-20 until
the
adjudication is complete.
Dated: September 19, 2002.
James W. Ziglar,
Commissioner, Immigration and Naturalization Service.
[FR Doc. 02-24337 Filed 9-24-02; 8:45 am]
BILLING CODE 4410-10-P
(09/27/2002)
