SEVIS Fact Sheet Click for a Printable Version of this Article Prepared by True, Walsh & Miller Immigration Group May 8, 2003 New rules implementing the Student Exchange Visitor Information System (SEVIS) became effective on January 1, 2003. SEVIS is intended to ensure that foreign students and exchange visitors entering the United States actually enroll in and attend their educational programs. The new rules expand the schools’ monitoring and reporting obligations to the Department of Homeland Security, requiring the schools to deliver the information using SEVIS within specified timeframes. This fact sheet primarily covers SEVIS rules applicable to F-1 students. Mandatory Compliance Date · February 15, 2003: o All new students must be issued SEVIS Form I-20 or SEVIS Form DS-2019. o All current students requiring new Form I-20 because of a reportable event (e.g. extension of status, practical training, or employment authorization) must be issued SEVIS Form I-20. · August 1, 2003: o All current students must be issued SEVIS Form I-20 or SEVIS Form DS-2019. SEVIS Forms: Coordination from Ports-of-Entry (POE) to School · Goal - SEVIS-based Immigration at POE to notify schools electronically through SEVIS that the student has been admitted. · Interim measure - paper-based: o For SEVIS I-20: Immigration at POE to notify schools within approximately 10 days of the students’ admission by collecting the SEVIS I-20 from student and returning it to the school after data processing. o For DS-2019s: Immigration at POE will take watermarked SEVIS DS-2019. Exchange visitor keeps visitor copy SEVIS DS-2019. Watermarked SEVIS DS-2019 to be returned to program sponsor after data processing. School’s Responsibilities · Staffing o Principal Designated School Official (PDSO) and up to 9 Designated School Officials (DSOs) permitted per school or campus o Must be U.S. citizens or lawful permanent residents · Reporting o Regular reporting · Initial registration: Within 30 days following the deadline for registering for classes, the school is required to report whether a student failed to register. · Reporting each term or session: No later than 30 days following the deadline for registering for classes, schools are required to report: · Whether the student has enrolled or failed to enroll, dropped below a full course of study without prior authorization · The current address of each enrolled student · The start date of the student’s next term or session o Reportable events · A school must report within 21 days of change in following: · Any student failing to maintain status or complete program · A change in student’s or dependent’s legal name or U.S. address NB: Students must report to school within 10 days of such change · Any student who has graduated early or before the program end date · Any disciplinary action taken against the student as a result of the student being convicted of a crime · Any other notification request made by SEVIS Employment · Optional Practical Training (OPT) o Students are eligible for OPT after completing one full academic year. o Students may apply for an Employment Authorization Document (EAD) up to 90 days before completing one full academic year. o DSO recommending a student for OPT remains responsible to update student’s record in SEVIS during authorized training period (e.g., address or name change, employment change or termination). o Students qualify for 12 months of OPT for each educational level (e.g., 12 months for bachelor’s degree, 12 months for master’s degree, etc.) o Students must apply for post-completion OPT before degree completion date, but OPT may begin as late as 60 days following completion of study. · Curricular Practical Training (CPT) o Students eligible for CPT after completing one full academic year. · Off-Campus Employment Based on Severe Economic Hardship o Student must apply for an EAD based on a favorable recommendation from the DSO · On-Campus Employment o No SEVIS record requirement o Student may begin on-campus employment before start of class, but no earlier than 30 days before start of class. o No limit on type of employment. Reinstatement · There is a rebuttable presumption that a student who has been out of status for more than 5 months is ineligible for reinstatement unless the student provides a substantial reason for the delay and an explanation. · Student’s record showing becoming out of status due to “technical or computer errors” in SEVIS will be administratively corrected. DSO must contact the SEVIS system administrator to explain the circumstances. · Student becoming out of status due to DSO error requires reinstatement by filing Form I-539. Reduction in Student Course Load · Due to Academic Difficulties o DSOs may authorize a reduction in course load once per program level. Must resume full course at the next available term or session. Must still take at least one class or half the clock hours required for a full course of study. · Due to Illness or Medical Condition o DSOs may authorize reduction for a period not to exceed 12 months in the aggregate per program level for F-1s. DSO must re-authorize each term or session and update in SEVIS. Transfers · F-1 students may transfer during the 60-day grace period following completing of studies or OPT. · DSOs in current school must enter transfer school in SEVIS. · Students may not stay in the U.S. between programs if student will not resume classes within 5 months of transferring out of current school or program completion date, whichever is earlier. · As of “release date” entered by current school’s DSO, the current school will no longer have access to student’s records in SEVIS. Transfer school will have access to SEVIS as of “release date” and be permitted to issue SEVIS I-20. 30-Day Advance Admission · Students may be admitted no earlier than 30 days before the program start date. DSOs may determine the program start date. However, the program start date may not be more than 30 days before the start of classes for the purpose of on-campus employment. Grace Periods ·Withdrawals o Where student requests DSO authorization, a 15 days grace period isgiven to leave the U.S. No grace period where student fails to register at the school or request DSO authorization. · Post-Completion o Students completing study or OPT have a 60-day grace period after expiration of F-1 status. The grace period runs from the earlier of the course completion or OPT end date. Dependents · F-2 dependents may not be enrolled full-time in a post-secondary degree granting course. F-2 dependents may be enrolled in elementary and secondary school or any avocational or recreational studies. Any current F-2s enrolled in college must have applied for a change of status to F-1 by March 11, 2003. FERPA · Expressly waived under SEVIS regulations. The contents of these web pages are provided for general informational purposes and do not constitute legal advice for specific cases, which should only be obtained from an attorney. Copyright © 2002 True, Walsh & Miller, LLP. Attorneys at Law The Commons, 202 East State Street, Ithaca, New York 14850 phone: 607-273-4200, fax: 607-272-6694, E-mail: twm@twmlaw.com