Effective date: January 1, 2003
As of January 30, 2003, all references in the rule to Non-SEVIS provisions and processes become void.
214.1
Suspends FERPA for F/J/M with regard to specific information found at 8 USC 1372 and 8 CFR 214.3(g) or any corresponding DOS regulation for Js [214.1(h)]
214.2(f)
Non-SEVIS I-20 can be issued through January 29, 2003 [214.2(f)(1)(i)(A)]
Non-SEVIS I-20 can be used for entry until 8/1/2003 [214.2(f)(1)(i)(A)] & [214.2(f)(1)(iii)]
By 8/1/2003, all current/continuing students must be entered in SEVIS [214.2(f)(1)(iii)]
Grace Periods:
Students may enter the U.S. up to 30 days prior to start date on I-20 [214.2(f)(5)(i)]
DSO-authorized withdrawal = 15 days grace period to leave U.S. [214.2(f)(5)(iv)]
Unauthorized withdrawal = no grace period to leave [214.2(f)(5)(iv)]
Course of study:
Courses at school not authorized to enroll F/M do NOT count [214.2(f)(6)(i)] (or does it just say you can’t get degree from such school??)
On-campus employment for scholarship/fellowship/assistantship is part of academic program of full-time student [214.2(f)(6)(i)(H)] (can such students work more than 20 hours??)
Distance Education:
One class (3 credits) distance learning per term if class does not require physical attendance for classes, exams or other purposes [214.2(f)(6)(i)(G)]
(preamble says student may take more than 3 credits if otherwise taking a full course of study)
Reduced Course Load (RCL):
RCL = 6 hours for academic cause for one term only per level [214.2(f)(6)(iii)]
Academic RCL student must resume full course load next term, including summer [214.2(f)(6)(iii)(A)]
Academic RCL may still be eligible for illness RCL [214.2(f)(6)(iii)(A)]
Reduced or no course load for illness = 12 months aggregate per level [214.2(f)(6)(iii)(B)]
Illness RCL must provide letter from M.D., D.O., Psychologist [214.2(f)(6)(iii)(B)]
DSO must re-authorize each term with new documentation [214.2(f)(6)(iii)(B)]
Student may take RCL in final term — but not continue to be enrolled for administrative purposes if degree requirements are met [214.2(f)(6)(iii)(C)] (need clarification for those who fail the final course)
Non-SEVIS procedure:
- DSO must report RCL authorization to INS within 21 days by sending copy of I-20 and I-538 to London, KY [214.2(f)(6)(iii)(D)]
- DSO must report resumption of study to INS within 21 days [214.2(f)(6)(iii)(D)]
SEVIS procedure:
- DSO must update SEVIS with RCL authorization prior to RCL [214.2(f)(6)(iii)(E)]
[(preamble says INS will understand if student is incapacitated and unable to secure prior authorization and student will not be considered out of status)] - DSO must update SEVIS with resumption of study within 21 days [214.2(f)(6)(iii)(E)]
Concurrent Enrollment:
School which issued I-20 must report status for students with concurrent enrollment [214.2(f)(6)(iv)]
If concurrently enrolled in programs with different full course of study requirements (e.g. ESL and degree program), DSO determines full time equivalency [214.2(f)(6)(iv)]
Extension:
Student must apply for extension prior to I-20 end date [214.2(f)(7)(i)]
I-20 report date may accommodate required activities prior to class start such as orientation, research project start, etc. Start date may be 30 days prior to classes starting [214.2(f)(7)(ii)] (and student may enter 30 days prior to report date)
No extension may be granted if student does not request one prior to I-20 end date [214.2(f)(7)(iii)]
DSO may grant extension any time prior to I-20 end date [214.2(f)(7)(iv)]
Transfer:
5 mos. maximum time between programs when transferring [214.2(f)(8)(i)]
(preamble says the 5-month period begins when the student completes the program)
Student out of status is ineligible for transfer; must apply for reinstatement or depart and re-enter with initial entry I-20 for a new program [214.2(f)(8)(i)]
Non-SEVIS to SEVIS transfer:
- Once SEVIS transfer I-20 issued, transfer school is responsible for student’s SEVIS record. [214.2(f)(8)(ii)(B)]
- Transfer completed when DSO updates SEVIS with registration and address of student [214.2(f)(8)(ii)(B)]
- Transfer is effected when DSO updates SEVIS that student has enrolled in classes within 30 days after end of registration [214.2(f)(8)(ii)(B)]
SEVIS to SEVIS transfer:
- Student must notify current DSO of intent to transfer and name of transfer school; DSO updates SEVIS record as “transfer out,” indicates transfer school and release date [214.2(f)(8)(ii)(C)]
- DSO of current school may cancel transfer request if student requests this prior to release date [214.2(f)(8)(ii)(C)]
- On release date, transfer school gets access to and is responsible for student’s SEVIS record; current school’s access ends [214.2(f)(8)(ii)(C)]
- Student must contact transfer DSO within 15 days of I-20 start date [214.2(f)(8)(ii)(C)]
- Transfer completed when DSO updates SEVIS with registration and address of student [214.2(f)(8)(ii)(C)]
- Transfer is effected when DSO updates SEVIS that student has enrolled in classes within 30 days after end of registration [214.2(f)(8)(ii)(C)]
SEVIS to Non-SEVIS transfer:
- Student notifies DSO of intent to transfer and name of transfer school; DSO updates SEVIS record as “transfer out,” indicates transfer school as “Non-SEVIS”, and release date [214.2(f)(8)(ii)(D)]
- On release date, transfer school issues I-20; transfer effected when student reports to transfer DSO within 15 days of I-20 report date [214.2(f)(8)(ii)(D)]
SEVIS transfer student may only work on campus of school controlling the SEVIS record [214.2(f)(9)(i)]
Employment:
On-campus employment may not begin earlier than 30 days prior to classes starting [214.2(f)(9)(i)]
OPT eligibility includes time spent in a study-abroad program if student was enrolled in U.S. at least one term prior to going abroad [214.2(f)(10)]
(preamble says time spent abroad doing graduate research does not count)
12 months of OPT at each higher degree level [214.2(f)(10)]
Apply for OPT up to 90 days before being enrolled for one academic year if employment start date is after completion of one academic year [214.2(f)(10)(ii)(A)]
Bachelors students may apply for OPT if only lacking thesis [214.2(f)(10)(ii)(A)(3)]
Must apply for OPT before completion of all degree requirements or before completion of course of study [214.2(f)(10)(ii)(A)(3)] (“course of study” for those with only class work requirements)
OPT automatically terminated when student transfers to other school or begins study at different level [214.2(f)(10)(ii)(B)]
DSO responsible for maintaining SEVIS record of student on OPT [214.2(f)(10)(ii)(E)]
Student on OPT must report change of name/address and interruption of employment to DSO for the duration of authorized OPT, and DSO must update SEVIS [214.2(f)(12)]
F-2 Dependents:
F-2 spouse may not engage in full-time study; only study that is avocational or recreational [214.2(f)(15)(ii)]
(preamble defines “avocational or recreational” study as undertaken for a “hobby” or study that is “occasional, casual or recreational in nature”)
F-2 child may only engage in full-time study K-12 [214.2(f)(15)(ii)]
F-2 spouse or child enrolled full-time beyond the K-12 level prior to January 1, 2003, may continue studying full time but must submit an I-539 for COS to TSC on or before March 11, 2003, or he/she will be in violation of F-2 status [214.2(f)(15)(ii)(B)] and [214.2(f)(15)(ii)(C)]
Reinstatement:
Reinstatement must be filed within 5 months of status violation, unless exceptional circumstances can be demonstrated by the student [214.2(f)(16)(i)(A)]
Status violation resulted from circumstances beyond the student’s control — may include injury, illness, closure of school, natural disaster, or DSO inadvertence, oversight or neglect [214.2(f)(16)(i)(F)(1)]
OR
Status violation is for RCL which DSO could have authorized and reinstatement denial would result in extreme hardship for student [214.2(f)(16)(i)(F)(2)]
Name/address reporting:
Student must notify DSO and INS of new name/address within 10 days after the change “in a manner prescribed by the school” [214.2(f)(17)]
Student may comply by notifying DSO within 10 days; DSO must then update SEVIS within 21 days after student notification [214.2(f)(17)]
(preamble says NSEERS students must also report changes as mandated by that program directly to INS)
Student must provide physical address unless impossible to receive mail there in which case student may provide mailing address [214.2(f)(17)] (impossible for some to have mail delivered to actual dorm room, etc.)
If student provides mailing address, school must keep record of and be able to give INS physical address if asked [214.2(f)(17)]
214.2(j)
J-1/J-2 admitted up to 30 days prior to report date on DS-2019 [214.2(j)(1)(ii)]
Exchange Visitor must notify RO and INS of new name/address within 10 days after the change “in a manner prescribed by the program sponsor” [214.2(j)(1)(viii)]
EV may comply by notifying RO within 10 days; RO must then update SEVIS within 21 days after EV notification [214.2(j)(1)(viii)]
(preamble says NSEERS EVs must also report changes as mandated by that program directly to INS)
EV must provide physical address unless impossible to receive mail there in which case EV may provide mailing address [214.2(j)(1)(viii)] (impossible for some to have mail delivered to actual dorm room, etc.)
If EV provides mailing address, program sponsor must keep record of and be able to give INS physical address if asked [214.2(j)(1)(viii)]
214.2(m)
Non-SEVIS I-20 can be issued through January 29, 2003 [214.2(m)(1)(i)(A)]
Non-SEVIS I-20 can be used for entry until 8/1/2003 [214.2(m)(1)(i)(A)] & [214.2(m)(1)(iii)]
By 8/1/2003 all current/continuing students must be entered in SEVIS [214.2(m)(1)(iii)]
Grace Period:
Admitted up to 30 days prior to report date on I-20 [214.2(m)(5)]
Failure to maintain status = no grace period to leave [214.2(m)(5)]
Distance Learning:
No distance learning if class does not require physical attendance for classes, exams or other purposes [214.2(m)(9)(v)]
Reduced Course Load (RCL):
Reduced or no course load for illness = 5 months aggregate per course of study [214.2(m)(9)(vi)]
Illness RCL must provide letter from M.D., D.O., Psychologist [214.2(m)(9)(vi)]
(Assume that DSO must re-authorize each term with new documentation as for F-1s)
Non-SEVIS procedure:
- DSO must report RCL authorization to INS within 21 days by sending copy of I-20 to London, KY [214.2(m)(9)(vi)(A)]
- DSO must report resumption of study to INS within 21 days [214.2(m)(9)(vi)(A)]
- (no I-538 as in F regs?)
SEVIS procedure:
- DSO must update SEVIS with RCL authorization prior to RCL [214.2(m)(9)(vi)(B)]
[(preamble says INS will understand if student is incapacitated and unable to secure prior authorization and student will not be considered out of status)] - DSO must update SEVIS with resumption of study within 21 days [214.2(m)(9)(vi)(B)]
Extension:
Extensions limited to a period of 3 years from original I-20 start date + 30-day grace period [214.2(m)(10)(i)]
No extension can be granted if course of study cannot be completed in 3 years [214.2(m)(10)(i)]
DOS must recommend extension in SEVIS and print I-20 with recommendation [214.2(m)(10)(iv)]
Transfer:
Upon filing application for transfer, student may effect the transfer [214.2(m)(11)(ii)]
SEVIS to SEVIS transfer:
- Student must notify current DSO of intent to transfer and name of transfer school; DSO updates SEVIS record as “transfer out” and release date [214.2(m)(11)(ii)(B)]
- (assume also name of transfer school)
- Transfer school may generate I-20 for transfer but will not have access to student SEVIS record until release date [214.2(m)(11)(ii)(B)]
- Student may enroll in transfer school at next available term and must then notify transfer school DSO immediately upon beginning attendance [214.2(m)(11)(ii)(B)]
- Transfer is effected when DSO updates SEVIS that student has enrolled in classes within 30 days after end of registration [214.2(m)(11)(ii)(B)]
Transition to SEVIS for transfer:
- Until service centers are in SEVIS, student must notify transfer school DSO of INS approval within 15 days of receiving approval. [214.2(m)(11)(ii)(C)]
- Once student notifies DSO, DSO immediately updates SEVIS to show transfer approval granted and prints SEVIS I-20 for student showing completed transfer [214.2(m)(11)(ii)(C)]
- If transfer is denied, DSO must terminate student SEVIS record [214.2(m)(11)(ii)(C)]
OPT:
Must apply for OPT before I-20 end date and no more than 90 days prior to the end date [214.2(m)(14)(ii)]
(Assume that DSO is responsible for maintaining SEVIS record of student on OPT and that student on OPT must report change of name/address and interruption of employment to DSO for the duration of authorized OPT, and DSO must update SEVIS)
Reinstatement:
Reinstatement must be filed within 5 months of status violation, unless exceptional circumstances can be demonstrated by the student [214.2(m)(16)(i)(A)]
Status violation resulted from circumstances beyond the student’s control — may include injury, illness, closure of school, natural disaster, or DSO inadvertence, oversight or neglect [214.2(m)(16)(i)(F)(1)]
OR
Status violation is for RCL which DSO could have authorized and reinstatement denial would result in extreme hardship for student [214.2(m)(16)(i)(F)(2)]
M-2 Dependents:
M-2 spouse may not engage in full-time study; only study that is avocational or recreational [214.2(m)(17)(ii)]
(preamble defines “avocational or recreational” study as undertaken for a “hobby” or study that is “occasional, casual or recreational in nature”)
M-2 child may only engage in full-time study K-12 [214.2(m)(17)(ii)]
M-2 spouse or child enrolled full-time beyond the K-12 level prior to January 1, 2003, may continue studying full time but must submit an I-539 for COS to TSC on or before March 11, 2003, or he/she will be in violation of F-2 status [214.2(m)(17)(ii)(B)] and [214.2(m)(17)(ii)(C)]
Name/address change:
Student must notify DSO and INS of new name/address within 10 days after the change “in a manner prescribed by the school” [214.2(m)(18)]
Student may comply by notifying DSO within 10 days; DSO must then update SEVIS within 21 days after student notification [214.2(m)(18)]
(preamble says NSEERS students must also report changes as mandated by that program directly to INS)
Student must provide physical address unless impossible to receive mail there in which case student may provide mailing address [214.2(m)(18)] (impossible for some to have mail delivered to actual dorm room, etc.)
If student provides mailing address, school must keep record of and be able to give INS physical address if asked [214.2(m)(18)]
214.3
SEVIS school must immediately update SEVIS with any material changes to its name, address, curriculum [214.3(e)(3)]
In cases where student’s physical and mailing addresses are different, school must report both addresses in SEVIS once SEVIS has been modified [214.3(g)(1)(iv)]
Schools must report within 21 days:
- changes to its name, address, curriculum [214.3(g)(3)(i)]
- student who fails to maintain status or complete program [214.3(g)(3)(ii)(A)]
- student/dependent name and/or address change [214.3(g)(3)(ii)(B)]
- student graduating prior to I-20 end date [214.3(g)(3)(ii)(C)]
- disciplinary action taken against student convicted of a crime [214.3(g)(3)(ii)(D)]
- any other request made by SEVIS re: student status [214.3(g)(3)(ii)(E)]
Each term, no later than 30 days after registration ends, schools must report:
- if student enrolled, dropped below full course of study w/out DSO authorization, or failed to enroll [214.3(g)(3)(iii)(A)]
- current address of all enrolled students [214.3(g)(3)(iii)(B)]
- start date of student’s next term [214.3(g)(3)(iii)(C)]
If SEVIS tech problems caused error in student record, DSO may request SEVIS system administrator to correct record [214.3(g)(4)]
PDSO/DSO:
PDSO/DSO must be USC or LPR [214.3(l)(1)(i)]
(note there is no longer an ASO category in SEVIS)
PDSO responsible for updating SEVIS with additions/deletions of DSOs on his/her campus and acts as INS point of contact for school compliance and SEVIS system alerts [214.3(l)(1)(ii)]
Each school or campus may have 10 DSOs, including the PDSO [214.3(l)(1)(iii)]
In K-12, entire school system is limited to 10 DSOs [214.3(l)(1)(iii)]
PDSO must update SEVIS within 21 days of changes in DSOs, including PDSO [214.3(l)(2)]
248.3
Dependents in E, H, I, J, L and Q status may attend school [248.3(e)(2)]
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