The State Department issued its long anticipated interim final rule implementing the SEVIS program for J-1 visas. J programs around the country will not have long to begin using the new online information collection and reporting system for J-1 exchange visitors. They must begin using the system by next month. Furthermore, all programs must complete and submit a SEVIS Form DS-3036 through SEVIS no later than December 16, 2002.
SEVIS is the Student and Exchange Visitor Program. While it was actually called for under the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, the system’s introduction was delayed in response to strong objections from universities around the country worried that the system would create tremendous burdens on them. After the September 11th attacks, however, the political climate changed dramatically and Congress passed new legislation – the USA Patriot Act – that mandated that the SEVIS system be in place prior to January 1, 2003.
The State Department, in coordination with the Immigration and Naturalization Service (see the articles in this issue regarding F-1 and M-1 SEVIS rules), has set January 30, 2003 as the date on which SEVIS must be used for the issuance of all future DS-2019 forms (this is the form formally called the IAP-66).
SEVIS is now included in a new Subpart F to the J visa regulations contained in 22 CFR Part 62. Other regulations in that CFR Section are not amended, though the State Department is careful to note that they are certainly affected by the SEVIS rules.
End of the Multiple Copy IAP-66
The most immediate visible change in the new regulation is the elimination of the multiple copy IAP-66 (now DS-2019) form. Under the current system, sponsors complete a form that has four carbon copies – one for the program sponsor, one for the visitor, one that is sent to the INS for their records and one that is routed to the Department of State for data-entry purposes. Now that information will be entered by the sponsor directly into SEVIS and the information will be stored online. The sponsor can access the information via the web as can the State Department and INS and sponsors will no longer need to rout the forms to the two government agencies. Sponsors will print the DS-2019 and a watermark copy of the form on a laser printer; the DS-2019 can then be presented to consular officials for visa application and INS officials at ports of entry. Separate SEVIS-generated DS-2019 forms must also be prepared for an accompanying spouse and each dependent child accompanying the exchange visitor.
Entry Procedures for Exchange Visitors
The new SEVIS law requires the INS to notify exchange programs when a visitor has been admitted to the US. The INS expects this to be available through SEVIS on or shortly after January 1, 2003. PRIOR to this system going live, the following will take place:
- SEVIS will generate two SEVIS Forms DS-2019. One will be an original with a bar code. The other will be a watermarked version without a SEVIS barcode which says “Data Entry Purposes.” The program sponsor must sign the original form in blue ink. Sponsors may not fax or email unsigned SEVIS forms to exchange visitors. Scanning a form is also prohibited. Damaged or unusable forms must be destroyed by the sponsor on the sponsor’s premises.
- The visitor will present both forms to the inspector.
- The inspector will annotate both forms.
- The inspector will return the original form to the visitor and the watermarked version will be forwarded by the inspector to the INS’ data processing center.
- The watermarked version will be returned by the INS to the sponsor within ten days of the visitor’s arrival.
- The sponsor must notify the INS and the State Department if the visitor has failed to commence participating in the exchange program. This notification can take place by updating SEVIS.
Note that non-SEVIS generated DS-2019 forms will continue to be handled under the pre-existing procedures.
Deadlines
To be guaranteed no disruption in their programs, program sponsors must submit online a DS-3036 Exchange Visitor Program Application by December 16, 2002. Submission of the form after this date does not mean that the application will not be approved by the January 30, 2003 deadline to begin using SEVIS. Note that failing to register for SEVIS subjects a program to revocation.
On January 30, 2003, all J-1 sponsors must be enrolled in SEVIS. If sponsors are not enrolled by that date, they will not be able to continue sponsoring non-immigrants as exchange visitors.
On and after January 30th, only SEVIS-generated DS-2019 forms can be used for the following purposes:
- initial sponsorship of a J-1 visitor
- change of non-immigrant classification
- reinstatement of status
- transfers
- extensions
- change of category or any other immigration benefit
By August 1, 2003, sponsors will have to enter information on all exchange visitors still participating in their programs. So that is the deadline for entering people into SEVIS who entered the country on a non-SEVIS Form DS-2019, IAP-66 or IAP-66P and who are still in a program. Between January 30th and August 1st, anyone who needs a new DS-2019 will have to be entered in SEVIS.
Special Registration
Special Registration requirements, including address reporting, are not affected by SEVIS and reporting an address change in SEVIS will not be enough to satisfy the requirements of the National Security Entry-Exit Registration System (NSEERS). However, an AR-11 Form need not be filed by people not covered by NSEERS since the government is notified of the address change through SEVIS.
ISEAS
The Interim Student and Exchange Authentication System requires exchange programs to verify the acceptance of visitors to the program through a State Department web site. ISEAS’ function will eventually be absorbed in the SEVIS program. But until SEVIS is fully implemented, program sponsors will have to enter information on visitors in both ISEAS and SEVIS. This will continue to be the case for F-1 and M-1 students as well.
Entering Data in SEVIS
As is the case for F-1s and M-1s, data on J-1 visitors can be entered by program sponsors manually online or through a batch processing program developed by the program or a third-party vendor. The program sponsor will have a user name and password to gain access to SEVIS and the SEVIS DS-2019 form will print on a normal laser printer. Batch processing is expected to be available this month.
Enrolling in SEVIS
As noted above, existing exchange programs must reapply for program status to use SEVIS and a DS-3036 form must be submitted electronically no later than December 16th if a program expects to be able to use SEVIS after the program becomes mandatory in January 2003. To be able to access, create, retrieve and submit a Form DS-3036, a program must go online and generate a user name and password. With the user name and password the program can submit the DS-3036 form. But the user name and password are only valid for 30 days. A temporary user name and password can be secured by going to www.ins.usdoj.gov/sevis and following the link to obtain an exchange visitor program application.
The user name and password can be used to view and print the application, but after approval or denial of the application, the password will become deactivated. After submitting the form, the program will receive an email advising that the application was successfully submitted.
Once the Department of State approves the program, SEVIS will be updated and will generate permanent user IDs for the responsible officer and alternate responsible officer or officers. These IDs will be emailed to each officer with instructions on getting passwords. Officers are not allowed to share their IDs and passwords with others.
Upon enrollment, sponsors must return all unused non-SEVIS DS-2019s with a reconciliation for form usage. Once enrolled in SEVIS, schools no longer have the option of issuing non-SEVIS DS-2019s.
Getting Help
User manuals, tutorials and a help section are all included on the SEVIS web site listed above. There is also a help desk for SEVIS at 800-892-4829. The help desk can assist with forgotten passwords.
Recordkeeping
Program sponsors must continue to retain pre-SEVIS paperwork for a period of three years. SEVIS-generated documents do not need to be retained as they are stored electronically.
Address changes must be reported in SEVIS within 21 days of being notified by a participant. Failing to update addresses in a timely manner is a ground for program revocation.
PO Box addresses may be posted in SEVIS where mail cannot be delivered to a current address. However, programs must maintain information on the actual address.
Notifications
Sponsors must use SEVIS for the following events and notifications:
- change in address, telephone or fax number of sponsor
- a visitor has completed or been terminated from the program
- the sponsor no longer wishes to conduct an exchange program
- within 30 days after the program start date, that a visitor has begun his or program as scheduled
- within 30 days after the program start date, the failure of a visitor to begin his or her program as scheduled
Eventually, the following functions will be reported in SEVIS:
- requests for changes of category
- extensions beyond the maximum duration of participation
- reinstatement to valid program status
For now, paper documentation requirements remain in place. But SEVIS will be used to transmit approvals.
Sponsors must notify the State Department by telephone and confirming in writing any serious problem or controversy that might bring the State Department of exchange program into notoriety or disrepute. Sponsors also need to notify the State Department, outside of SEVIS, of a change in the program that would affect its US citizenship or of a major change in control of the sponsor, loss of licensure or accreditation or litigation related to the program.
Annual Reports
Annual reports still must be submitted. But SEVIS assists in completing the report by electronically producing the report and automatically identifying and completing the categories of participants authorized by the State Department. Sponsors need to report on both SEVIS and non-SEVIS generated DS-2019s. Sponsors must complete, print, sign and mail the report back to the State Department. Until a sponsor has no non-SEVIS visitors, it must submit both the non-SEVIS annual report form and the SEVIS annual report form.
Transfers
The rule creates three procedures for transferring J-1s from one program to another. The procedures are as follows:
SEVIS to SEVIS:
- visitor notifies current sponsor of intent to transfer
- upon verification of maintaining status, current sponsor updates visitor’s record by processing a “transfer out” in SEVIS which gives the transfer sponsor access to the visitor’s record.
- the transfer sponsor initiates a “transfer in” and issues a DS-2019 for the visitor and tell the visitor what the effective date of the transfer is
- the visitor shall report to the new sponsor at the time specified by the sponsor and shall provide updated US address information
- the transfer sponsor shall check that the visitor is participating in the program and update SEVIS accordingly within 30 days.
Non-SEVIS to SEVIS (this goes out of effect on August 1, 2003):
- visitor notifies current sponsor of intent to transfer
- upon verification of maintaining status, transfer sponsor creates a DS-2019 and sends the form to the current sponsor to acquire the written release of the exchange visitor by obtaining a signature in Section 8
- upon receiving the form, the transfer sponsor shall record the effective date of the transfer, the date, name and title of the person who signed the release, the name and program number of the current sponsor. A DS-2019 must be printed for the exchange visitor and the visitor must be told the effective date of the transfer
- the visitor shall report to the new sponsor at the time specified by the sponsor and shall provide updated US address information
- the transfer sponsor shall check that the visitor is participating in the program and update SEVIS accordingly within 30 days.
SEVIS to Non-SEVIS (this goes out of effect on January 30th)
- visitor notifies current sponsor of intent to transfer
- upon verification of maintaining status, the transfer sponsor shall create a non-SEVIS Form DS-2019 and submit it to the current sponsor for the release of the exchange visitor by getting a signature in Section 8 of the form
- The current sponsor is required to update the SEVIS record of the visitor by recording the effective date of the transfer, the name and program number of the transfer sponsor and the name of the responsible officer/alternative responsible officer of the transfer sponsor
- The transfer sponsor will provide the visitor with a pink copy of the DS-2019 and submit the yellow copy to the State Department.
Reinstatements
Reinstatement requests are submitted using SEVIS. The responsible officer must print a copy of the request (draft copy of the DS-2019) and submit the supporting documentation justifying the request along with the fee to the State Department within 30 days. The State Department will review the request and, if approved, SEVIS will be updated so that the responsible officer may print a new DS-2019. If the request is denied, the visitor shall be considered out of status and must leave the country.
Physicians
Sponsors using the J-1 category for doctors coming to the US for observation, consultation, teaching or research shall continue to sign and append a certification to the SEVIS DS-2019.
Student Employment Authorization
The requirements for the authorization of student employment and academic training will now be documented in SEVIS. Paper documentation of these two functions is no longer required.
J-2s
Separate DS-2019s are required for each J-2 family member. Employment authorization requests are submitted as before and not through SEVIS. NOTE, HOWEVER, THAT THE PREAMBLE TO THE INTERIM RULE IS INCORRECT IN ITS STATEMENT THAT J-2s MUST SWITCH TO F-1, J-1 OR M-1 STATUS TO STUDY. This was in the proposed regulations but was removed and the preamble has not be properly updated.
The Future
According to the State Department, a number of important additions will be made to SEVIS. They include the following:
- collecting all data required by statute and regulations including the electronic reporting of academic training, student employment and notification of visa issuance and port of entry
- accepting electronic signatures and documents in lieu of paper signatures and notarizations
- accepting electronic fee transfers
Disclaimer: This newsletter is provided as a public service and not intended to establish an attorney client relationship. Any reliance on information contained herein is taken at your own risk. The information provided in this article has not been updated since its original posting and you should not rely on it until you consult counsel to determine if the content is still valid. We keep older articles online because it helps in the understanding of the development of immigration law.