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Adapted with permission from The University of Washington International Student Office (ISO).
The news media has reported extensively on how the U.S. government is seeking new and more efficient ways to manage information about international students and scholars in the United States. We have prepared this Q&A to help you understand the kinds of information that the University of Iowa (and all other colleges and universities in the U.S.) will be required to maintain and to share with the U.S. government through SEVIS. We hope you find this explanation helpful.
What
is SEVIS?
SEVIS
is an internet-based system that will require schools and the U.S. Citizenship
and Immigration Service (USCIS) to exchange data on the status of international
students and scholars. Accurate and current information will be transmitted
electronically throughout an F-1 or J-1 student's academic career in the
United States. U.S. embassies and consulates will also have access to
SEVIS. J-1 scholars and their dependents are also included in the SEVIS
reporting requirements.
Is
SEVIS new?
Yes
and no. The requirement that schools maintain certain information about
each international student's status is not new. Most of the information
that will need to be reported to SEVIS has been required by the INS for
many years. But the existing paper-based system has precluded widespread
coordination between schools and the INS. In 1996, Congress passed legislation
directing the INS to move to an electronic data collection system. This
program has come to be known as SEVIS-the Student and Exchange Visitor
Information System. Technical challenges and lack of funding have delayed
implementation of the program for several years. However, in October 2001,
Congress passed the USA Patriot Act, authorizing additional SEVIS funding
and requiring nationwide compliance by January 30, 2003.
How
will SEVIS work?
After the University of
Missouri-St. Louis admits an international student, SEVIS will be notified
and the USCIS will approve the University's request to issue an I-20.
UMSL International Student and Scholar Services (ISSS) will send the new
bar-coded I-20 form to the student. The student will visit the U.S. consulate
abroad, and the consulate will confirm through SEVIS that the I-20 the
student is carrying is a valid document. If everything is in order, the
consulate will issue the F-1 or J-1 visa. A USCIS officer at the airport
will report to SEVIS the student's entry into the U.S. When the student
arrives on campus, s/he will report to the ISSS, and the University will
confirm through SEVIS the student's enrollment. The University must continue
to provide regular electronic reports to INS throughout the student's
academic career. Finally, SEVIS will record the student's departure from
the United States.
What information will The University of Missouri- St. Louis required to report?
- Confirmation that a student has enrolled within 30 days, or notification of failure to enroll.
- All changes of local residential address or legal name changes
- Graduation prior to the end date listed on the I-20.
- Academic or disciplinary actions taken due to criminal conviction.
- Whether the student drops below a full course of study without prior authorization from ISSS
- Dismissal or withdrawal date, and reason for dismissal or withdrawal.
- Procedures such as program extensions, school transfers, changes in level of study, employment authorizations, and reinstatement.
- Any student who fails to maintain status or complete his or her program for any reason.
In
what ways can a student "fail to maintain status"?
Some
examples of failure to maintain status include:
- Dropping from full-time to part-time enrollment without prior approval from ISSS
- Attending a school other than the one a student is authorized to attend
- Failure to apply for a timely transfer or I-20 extension or change in level of study
- Unauthorized employment
- Failure to report a change of local address.
What
are the consequences if a student fails to maintain status?
The
student's record will be updated with SEVIS at specified intervals or
at the time a student commits a violation of the regulations. A student
who fails to maintain status loses the privileges of student status and
becomes subject to deportation. Specific consequences may include denial
of re-entry to the U.S., inability to move from undergraduate to graduate
status, denial of requests for Practical Training, denial of requests
to change visa status, and possible denial of all future visa applications.
Can a student who is "out of status" regain legal status?
If
a student drops below a full course of study without prior approval from
the ISSS, that "event" will have to be reported to USCIS, via
SEVIS, that he or she is out of status. The student may apply to USCIS
for reinstatement only if the violation resulted from circumstances beyond
his or her control. As specified by the USCIS, acceptable reasons for
applying for reinstatement include the following: “serious injury
or illness, closure of the institution, or natural disaster”. Students
are advised that reinstatement will only be available to a few students
who meet these specific requirements and that student inadvertence or
oversight will not be accepted as reasons for reinstatement. For example,
a student who mistakenly lets an I-20 document expire or fails to enroll
within 30 days of the start of the semester will not be able to apply
for reinstatement and will have their record terminated by USCIS in the
SEVIS database.
Those students who fall “out of status” with the USCIS and who are ineligible for or denied reinstatement, must leave the United States, apply for a new visa at a U.S. Embassy and re-enter the U.S. in order to regain legal status and continue their studies at UMSL.
How will the UMSL help students comply with the immigration laws?
- The University will continue the commitment it has always had to helping international student prevent status violations from ever occurring. For example, F-1 and J-1 students new to UMSL will continue to be required to physically check in with the Office of International Students & Scholar Services (ISSS) prior to registering for classes. The ISSS will review each student’s immigration documents, confirm to SEVIS that the student has arrived on campus, and then release the restriction on the student's registration.
- Effective January 2003, international students will also be prevented from dropping below a full course of study without prior authorization from the ISSS.
- "Full-time"
means 12 credits per semester for undergraduates, and 9 credits for
graduate and professional students. A student may be able to enroll
for fewer hours if s/he:
a. is in the first academic year and is having difficulties with the English language or reading requirements
b. is in the first academic year and is unfamiliar with American teaching methods
c. has been advised to drop a course because of improper course level placement
d. is taking all available courses to meet graduation requirements
e. has less than a full course load required to finish the degree program this semester
f. has a medical reason for needing to be registered less than full time . - If you are a graduate student who is conducting research, you will need
to enroll in course equivalency credits to maintain full time status.
Remember: Only ISSS has authority to authorize a reduced credit load! Academic Advisers do NOT have this authority.
What would happen if UMSL failed to comply with the SEVIS regulations?
The USCIS is required to
audit the University's compliance with these new requirements every two
years. Failure to comply with the federal regulations could result in
the loss of the University's ability to accept international students.
Will SEVIS benefit students in any way?
Data should move
faster through an electronic system than through a paper system. Hopefully,
the USCIS will approve applications for benefits such as Optional Practical
Training much more quickly.
What should students do to prepare for SEVIS?
Read website updates from
the ISSS, check your student email accounts, as we will send out messages
periodically and sign up to be on the international student listserv.
Refer any questions or problems immediately to the experts in the ISSS.
There is no such thing as a “stupid question” except one that
wasn’t asked when it should have been.
Be proactive: Plan course schedules carefully *Make travel arrangements
early *Anticipate delays at consulates, airports and border crossings
*Keep all documents up-to-date *Allow time for processing new forms.
You can also access more information about the SEVIS system at the following website: http://www.ice.gov/graphics/enforce/imm/imm_sevis.htm
