[Federal Register Volume 67, Number 166 (Tuesday, August 27, 2002)]
[Rules and Regulations]
[Pages 54941-54946]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-21823]



 ========================================================================
 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.
 
 ========================================================================
 

  Federal Register / Vol. 67, No. 166 / Tuesday, August 27, 2002 / 
Rules and Regulations  

[[Page 54941]]



DEPARTMENT OF JUSTICE

Immigration and Naturalization Service

8 CFR Part 214

[INS No. 2220-02]
RIN 1115-AG75


Reduced Course Load for Certain F and M Nonimmigrant Students in 
Border Communities

AGENCY: Immigration and Naturalization Service, Justice.

ACTION: Interim rule with request for comments.

-----------------------------------------------------------------------

SUMMARY: This rule amends the Immigration and Naturalization Service 
(Service) regulations governing F and M nonimmigrants. This rule will 
clarify that Mexican or Canadian nationals who reside outside the 
United States and regularly commute across a land border to study may 
do so on a part-time basis within the F or M nonimmigrant category. 
These changes are being made to facilitate and legitimize certain part-
time study along border communities while ensuring that all applicable 
requirements and safeguards are met.

DATES: Effective date: This interim rule is effective August 27, 2002.
    Comment date: Written comments must be submitted on or before 
October 28, 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. 2220-02 on your correspondence. 
Comments may also be submitted electronically to the Service at 
[email protected]. When submitting comments electronically, you must 
include INS No. 2220-02 in the subject heading so that the comments can 
be electronically routed to the appropriate office for review. Comments 
may be inspected at the above address by calling (202) 514-3048 to 
arrange for an appointment.

FOR FURTHER INFORMATION CONTACT: Maura Deadrick, Adjudications 
Division, Immigration and Naturalization Service, 425 I Street NW., 
Room 3040, Washington, DC 20536, telephone (202) 514-3228.

SUPPLEMENTARY INFORMATION:

Who Are F and M Nonimmigrants?

    The Immigration and Nationality Act (Act) provides for the 
admission of various classifications of nonimmigrant aliens who are 
foreign nationals having a residence in a foreign country which they 
have no intention of abandoning, and who are seeking temporary 
admission to the United States. The purpose of the nonimmigrant alien's 
intended stay in the United States determines his or her proper 
nonimmigrant classification.
    F-1 nonimmigrant aliens, as defined in section 101(a)(15)(F) of the 
Act, are foreign students who have been admitted to the United States 
to pursue a full course of study in a college, university, seminary, 
conservatory, academic high school, private elementary school, other 
academic institution, or language training program in the United States 
that has been approved by the Service to enroll foreign students. For 
the purposes of this rule, the term ``school'' refers to all of these 
types of Service-approved institutions.
    An F-2 nonimmigrant alien is a foreign national who has been 
admitted to the United States as the spouse or qualifying child (under 
the age of 21) of an F-1 nonimmigrant alien.
    M-1 nonimmigrant aliens, as defined in section 101(a)(15)(M) of the 
Act, are foreign nationals who have been admitted to the United States 
to pursue a full course of study at a Service-approved vocational 
school or other recognized nonacademic institution (other than in 
language training programs) in the United States. The term ``school'' 
for the purposes of this interim rule also encompasses all institutions 
approved for attendance by M-1 students. An M-2 nonimmigrant alien is a 
foreign national who is the spouse or qualifying child (under the age 
of 21) of an M-1 nonimmigrant alien.

Why Is the Service Promulgating This Rule?

    Recognizing the unique nature of border communities and the need to 
serve the educational interests of students living on both sides of the 
U.S./Canada and U.S./Mexico borders, this rule expands the 
circumstances under which a border commuter student who is a national 
of Canada or Mexico may be admitted as an F-1 or M-1 nonimmigrant alien 
to engage in a full course of study, albeit with a reduced course load.
    Historically, the Service has not officially sanctioned such part-
time study for border commuter students. First, the statutory 
definition of the B nonimmigrant visitor classification, in section 
101(a)(15)(B) of the Act, precludes admission of an individual coming 
to the United States to study. Moreover, the Service has always 
interpreted the statutory definitions of the F and M classifications, 
relating to students pursuing a full course of study, to require 
enrollment on a full-time basis as defined in the regulations, which 
did not cover part-time border commuter students.
    However, this regulatory scheme has aligned poorly with the 
realities of the border communities, effectively creating a ``Catch-
22'' situation for bona fide part-time border commuter students. This 
has resulted in uneven application of this policy on the border. In 
fact, it has become commonplace for aliens residing in Canada or Mexico 
to enroll part-time in border institutions and enter the United States 
as visitors on a daily basis to pursue part-time study.
    The response to the terrorist attacks of September 11, 2001, has 
resulted in increased scrutiny at ports-of-entry and in renewed focus 
on the integrity of our immigration system. There has been particular 
attention to the proper use of the B visitor classification. When the 
principal purpose for entering the United States is to attend school, 
the immigration laws intend that aliens be classified as nonimmigrant 
students, not as B visitors for business or pleasure.
    Therefore, the purpose of this rule is to recognize the special 
relationship between the United States and its neighbors and to 
legitimize such study by border commuter students, while placing it 
within a regulated, controlled

[[Page 54942]]

process. As nonimmigrant students, they will be authorized to attend 
only schools approved by the Service to accept foreign students. A 
border commuter student is subject to all requirements applicable to 
the F or M nonimmigrant classification and will be processed through 
the existing framework for these classifications. This includes, among 
other things, obtaining the appropriate Form I-20, Certificate of 
Eligibility for Nonimmigrant Student Status, and obtaining the 
appropriate visa, unless exempt. The schools will be required to comply 
with the same reporting and recordkeeping requirements for these part-
time border commuter students as for full-time F-1 or M-1 students.
    This rule will prevent the significant disruption of part-time 
study that has become an accepted fact of life along the border and a 
settled expectation. For example, it is reported that the El Paso 
Community College has an enrollment of some 2,400 part-time border 
commuter students, who generate approximately $700,000 in tuition. The 
loss of these students would cause the school, and other similarly-
situated schools, to lose state funding based on enrollment levels, 
thus affecting all of the remaining students. In Detroit, it is 
reported that Wayne State University stands to lose approximately 500 
students and $1 million in fees and tuition. Media reports show that 
enrollment in the University of Texas at Brownsville's English language 
program dropped 50% over the summer, costing the institution $150,000. 
In Washington State, media reports state that Bellingham Technical 
College stands to lose $100,000 in tuition this year. Niagara 
University in Lewiston, New York, reportedly stands to lose $250,000 in 
tuition revenue, and D'Youville College in Buffalo could lose up to 
$900,000 in the next year. These are only a few examples of the extent 
to which the practice of part-time study by commuter students is woven 
into life on the border.

How Does the Service Define a ``Full Course of Study'' for Border 
Commuter Students?

    As noted, the statutory definitions of the F-1 and M-1 
classifications relate to foreign students coming to the United States 
temporarily and solely for the purpose of pursuing a full course of 
study at an approved school. The Service's current regulations at 8 CFR 
214.2(f)(6) and (m)(9) set forth specific requirements for defining a 
``full course of study'' in various contexts.
    However, the regulations at 8 CFR 214.2(f)(6)(iii) also permit a 
school to authorize a student to engage in a reduced course load under 
certain circumstances while still maintaining status as a student 
enrolled in a ``full course of study''. The school's designated school 
official (DSO) may approve a reduced course load due to initial 
difficulties with the English language or reading requirements, 
unfamiliarity with American teaching methods, or improper course level 
placement, or because of illness or medical reasons.
    Moreover, there is another context in which the Service has 
authorized DSOs to approve a reduced course load in special 
circumstances for students who still wish to pursue a full course of 
study. In 1998, several Asian countries experienced a severe 
devaluation of their currencies, which caused a hardship upon 
nonimmigrant students in the United States dependent on currency from 
those countries for support. In response, the Service amended its 
regulations, 8 CFR 214.2(f)(6)(i)(F), allowing the Commissioner to 
publish a Federal Register notice authorizing affected F-1 aliens to 
accept employment in excess of the ordinary 20-hour per week maximum, 
in cases of severe economic hardship, and to drop below the usual 
course load in order to pursue the additional employment.
    This rule adds an additional provision permitting certain border 
commuter students to enroll in an approved school with a lesser course 
load than is otherwise required for F and M students, on account of 
their unique educational circumstances. Specifically, for a 
nonimmigrant alien who meets all other requirements applicable to the F 
or M classification and who is commuting to a school in the United 
States within 75 miles of the border, the school's DSO may approve the 
student's attendance with a course load below that otherwise required 
under the general rules. However, the student must still be enrolled in 
a ``full course of study'' at the school, that is, a course of study 
that leads to the attainment of a specific educational, professional, 
or vocational objective, as prescribed in the introductory language in 
Sec. 214.2(f)(6)(i) and (m)(9)(i), although at a reduced course load 
for each semester or term.

Why Is This Change Only Applicable to Border Commuters?

    This reflects the special and unique relationship the United States 
shares with its bordering neighbors and is consistent with the numerous 
statutory and regulatory provisions that accommodate the special 
demands in regulating the flow of Canadian and Mexican nationals across 
our borders. For example, under section 101(a)(6) of the Act, provision 
is made for border crossing cards to be issued to aliens resident in 
foreign contiguous territory in order to facilitate the lawful crossing 
of our borders.
    Although there is no border crossing card currently issued to 
Canadian nationals, the Service, together with the Department of State, 
has implemented procedures to issue border crossing cards to Mexican 
nationals consistent with the Act as amended by section 104 of the 
Illegal Immigration Reform and Immigrant Responsibility Act of 1996 
(IIRIRA), Public Law 104-208, Div. C (Sept. 30, 1996) and section 601 
of the Enhanced Border Security and Visa Entry Reform Act of 2002, 
Public Law 107-173 (May 14, 2002). Mexican nationals presenting a 
valid, unexpired Border Crossing Card may be admitted to the United 
States without other documentation for a period not to exceed 72 hours 
to visit within 25 miles of the border, or in the case of visits to 
certain areas in the State of Arizona, within 75 miles of the border. 
See 8 CFR 235.1(f)(1)(iii) and (f)(1)(v).
    Another example, section 212(d)(4)(B) of the Act authorizes the 
Attorney General and the Secretary of State, on the basis of 
reciprocity, to waive the passport and visa requirements of nationals 
of foreign contiguous territory and adjacent islands.
    The special relationship between the United States and its border 
neighbors is also reflected in the special procedures contained in the 
North American Free Trade Agreement (NAFTA) and codified under section 
214(e) of the Act.
    Administratively, the Service has regulated the special 
circumstances of frequent border crossers and made allowance for the 
peculiarities of daily life in border communities. In addition to 
regulatory provisions controlling the unique documentary requirements 
for admission of Canadian and Mexican nationals found at 8 CFR 212.1 
and 212.6, the Service has established automated inspection services to 
provide access to the United States for a group of identified, low-risk 
border crossers. See 8 CFR 235.7. Other examples address circumstances 
surrounding temporary workers to the United States such as the 
regulatory provision found at 8 CFR 214.2(l)(12)(ii). This provision, 
commonly known as the ``commuter L-1,'' recognizes the exception to 
statutory limits on the period of stay for intracompany transferees who 
reside outside the United States and regularly

[[Page 54943]]

commute to engage in part-time employment in this country. Another 
special provision in the regulations for L nonimmigrants (intracompany 
transferees), 8 CFR 214.2(l)(17), allows Canadian citizens to file the 
employer's petition for L classification at the time of applying for 
admission at the port-of-entry, rather than having to obtain approval 
of the petition in advance from a Service Center. Also, for nearly 20 
years, the Service and the Department of Labor have authorized 
exceptions for Canadian musicians entering under the H-2B temporary 
worker program. These musicians, if entering the United States to 
perform within 50 miles of the U.S. Canada border, are pre-certified by 
the Secretary of Labor.
    This rule is necessary to take account of the unique educational 
situation of bona fide commuter students seeking to attend United 
States schools along the U.S./Canada and U.S./Mexico borders. The 
Service understands that certain border states have undertaken measures 
to facilitate attendance by Mexican and Canadian nationals.
    The Service will restrict application of this provision to schools 
located within 75 miles of the U.S. border. The Service believes this 
75-mile zone is consistent with the general commuter travel provisions 
and will accommodate the needs of students and institutions. Since 
1953, Mexico and the United States have agreed to make special 
accommodations for Mexican nationals who cross the border into the 
immediate border area to promote the economic stability of the region, 
and the United States and Canada have a longstanding accommodation for 
citizens to cross the common border without requiring passports or 
visas. The Service therefore believes this 75-mile zone, which is the 
maximum distance currently allowed for Mexican nationals entering the 
immediate border area, pursuant to 8 CFR 235.1(f)(1)(v), is consistent 
with the many border accommodations established over time and will meet 
the needs of students and institutions. The Service does not believe a 
larger zone is warranted to address the problem.
    Canadian or Mexican nationals enrolling at a school outside this 
75-mile zone, or who maintain a residence in the United States in 
connection with their attendance at any approved school, will remain 
subject to the established rules for F or M nonimmigrants student 
status.

What Changes Does This Rule Make?

    This rule adds new provisions in the Service's regulations at 8 CFR 
214.2(f)(18) and (m)(19) to include special provisions defining a full 
course of study for border commuter students. To be eligible to be 
authorized by a school's DSO based on the border commuter student 
provision, the alien must be:

     A national of Canada or Mexico who maintains an actual 
residence and place of abode in the alien's country of nationality;
     Attending a school located within 75 miles of the border;
     Registered as a border commuter student; and
     Matriculating in a full course of study, albeit on a part-
time basis.

    This interim rule also adds a new provision, 8 CFR 
214.2(f)(18)(iii), to place in effect the reasonable limitation that 
border commuter students attending an approved school on a part-time 
basis as F-1 students will be admitted for a fixed admission period for 
each semester, quarter, or term. Under current regulations, only M-1 
students are admitted for a fixed period of admission, while full-time 
F-1 student are admitted for ``duration of status'', as provided in 8 
CFR 214.2(f)(5) and (f)(7), while the student pursues a full course of 
study or authorized practical training. By setting a fixed period of 
admission for F-1 border commuter students that reflects the current 
semester or quarter of the school's academic calendar, the Service will 
be able to maintain greater control and oversight to ensure that the 
student does in fact remain a border commuter student. The school's DSO 
will be required to specify on the Form I-20 the term-by-term 
completion date, and a new Form I-20 will be required for each new 
quarter or semester that the commuter student attends at the school. 
Conforming amendments to paragraphs (f)(1)(i), (f)(5)(i), and (f)(7)(i) 
of Sec. 214.2 further clarify that border commuter students will be 
admitted for a fixed period rather than for duration of status.
    This rule also clarifies in Sec. 214.2(m)(19)(iii) that the 
provision in Sec. 214.2(m)(5), allowing an additional 30-day period in 
which to depart the United States following the completion of an M-1 
student's course of study (in order to make final arrangements before 
departure), does not apply to border commuter students.
    The Service notes that, in a separate rulemaking, 67 FR 34862 (May 
16, 2002) (proposed rule), the Service is implementing section 641 of 
IIRIRA to establish an information collection system for nonimmigrant 
alien students. This system, the Student and Exchange Visitor 
Information System (SEVIS), will require the DSO to report when a 
reduced course load has been authorized for a particular student. SEVIS 
will enable the Service to provide more efficient oversight of this 
special authority for border commuter students to enroll at an approved 
school with a reduced course load.

Will Border Commuter Students Be Authorized for On-Campus Employment or 
Practical Training?

    Under this rule, Canadian or Mexican nationals approved as F-1 
border commuter students for a part-time course load may only be 
authorized to accept employment in a curricular practical training 
program or a post-completion optional practical training program, using 
existing authorization procedures. The regulatory provisions governing 
curricular and post-completion optional practical training are 
contained at 8 CFR 214.2(f)(10)(i) and(f)(10)(ii)(A)(3), respectively. 
In the case of an M-1 border commuter student, employment will only be 
authorized as provided for practical training as provided in existing 8 
CFR 214.2(m)(14). Border commuter students admitted to pursue a course 
of study on a part-time basis under this rule will not be approved for 
any other employment in the United States (whether on-campus or off-
campus) in connection with their F or M student status.
    The Service believes this position is appropriate for several 
reasons. First, student employment (unrelated to training) often serves 
to help students meet living expenses while they are away from their 
home country and living in the United States, and that rationale does 
not apply to border commuter students. Also, although on-campus 
employment pursuant to a fellowship or scholarship would normally be 
available to an F-1 student, a part-time border commuter student is, by 
definition, not in the same situation as other F-1 students. The 
purpose of the F-1 and M-1 classification is completion of an 
educational objective, and the categories of work authorization allowed 
by this rule are closely related to that objective. For this reason, 
this rule retains the eligibility for non-resident border commuter 
students to engage in curricular practical training programs and post-
completion optional practical training programs, but not in other types 
of employment in connection with their student status.
    Finally, because a border commuter student admitted under this rule 
is maintaining his or her actual place of abode in Canada or Mexico 
and, by definition, would not be residing in the United States, the 
Service does not believe that employment in the United States is 
economically necessary. The

[[Page 54944]]

alien would be able, of course, to find employment in his or her own 
country where the student continues to reside.
    A border commuter student who wishes to engage in employment in the 
United States that is not authorized by this rule must obtain the 
appropriate visa, or enroll as a full-time F-1 or M-1 student, in which 
case the student will not be governed by the limitations of this rule.

Does This Rule Affect Canadian or Mexican Nationals Who Are Authorized 
To Enter and Work in the U.S. Under the Provisions of NAFTA?

    This rule simply provides a means for certain Canadian and Mexican 
nationals who commute into the U.S. to attend school on a part-time 
basis to be able to obtain proper status as an F-1 or M-1 nonimmigrant.
    The United States Government's obligations under NAFTA do not 
address students and this rule in no way affects the rights of Canadian 
or Mexican nationals to temporary entry and employment in the U.S. 
under NAFTA. Canadian or Mexican nationals are admitted as TN 
nonimmigrants, or in some cases in a different work-related 
nonimmigrant classification under NAFTA depending on their 
circumstances. If a Canadian or Mexican national has been already 
admitted to the United States in a work-related nonimmigrant 
classification pursuant to NAFTA, it is permissible for them to attend 
school incidental to their NAFTA-based classification, and that is not 
affected by this interim rule.

Does This Rule Affect Canadian or Mexican Nationals Attending School on 
a Full-Time Basis?

    No. Canadian or Mexican nationals attending school in the United 
States on a full-time basis continue to be governed by the rules that 
apply to their respective classifications. A Canadian or Mexican 
national admitted to attend school in the United States on a full-time 
basis as an F-1 or M-1 student may seek authorization from a DSO for a 
reduced course load, but must comply with the aspects of this rule 
requiring residence in Canada or Mexico, or otherwise qualify for 
reduced course load under 8 CFR 214.2(f)(6)(iii).

Will Canadian or Mexican Nationals Be Eligible for Nonimmigrant Student 
Status To Attend Public Elementary or Secondary Schools or Publicly-
Funded Adult Education Programs?

    Section 214(m) of the Act prohibits an F-1 student from attending a 
public high school for more than 12 months in the aggregate. Because of 
the statutory limitation, an F-1 student at a public high school can 
only be admitted for an aggregate of 12 months of study. Section 214(m) 
also requires that the alien, prior to being issued the F-1 visa, 
demonstrate that he or she has reimbursed the local school district for 
the full, unsubsidized per capita cost of providing the high school 
education for the period of the alien's attendance.
    Also, under section 214(m) of the Act, as amended by sections 625 
and 107(e)(2) of IIRIRA, a nonimmigrant may not be accorded status as 
an F-1 student to pursue a course of study at a public elementary 
school or a publicly funded adult education program.

Does This Rule Affect Any Other Processes and Procedures Applicable to 
the F and M Classifications?

    No. Except for the change this rule makes regarding enrollment in a 
full course of study for border commuter students, all other 
requirements, processes, and procedures remain in effect. For example, 
a border commuter student may transfer between qualifying institutions 
within the 75-mile limit under the same rules as any other F-1 student. 
Such a student would also be able to transfer to a school outside the 
75-mile limit, under the established procedures, but the student would 
not be eligible, at the new school, for the special part-time provision 
created by this rule. Similarly, a Canadian or Mexican national who is 
currently a full-time student may transfer to a qualifying school as a 
border commuter student provided that he or she meets the requirements 
of this rule.

Good Cause Exception

    The Service's implementation of this rule as an interim rule is 
based on the ``good cause'' exceptions found at 5 U.S.C. 553(b)(B) and 
(d)(3). The reason and necessity for the immediate promulgation of this 
rule are as follows:
    Adherence to the notice and comment period normally required under 
5 U.S.C. 553(b) by promulgation of a proposed rule prior to an interim 
rule would cause a disruption in studies. As noted in the supplementary 
information to this rule, the emphasis on the proper classification for 
the activity affected by this rule has led to increased enforcement and 
has had the effect of ceasing studies by affected students. In order to 
allow those students to recommence studies in a proper and regulated 
format in time for the upcoming fall academic term, an interim rule is 
necessary.
    Furthermore, this rule enhances security and reduces risk because 
it places the activity it governs in a regulated context. As noted in 
this rule, the activity sanctioned by this rule has taken place on the 
border for some time, but has taken place in a classification, such as 
the B nonimmigrant classification, that is not appropriate. Thus, to 
avoid disruption it is necessary that this rule be designated an 
interim rule.
    Therefore, the Service finds that it would be impractical and 
contrary to the public interest to adopt this rule with the prior 
notice and comment period normally required under 5 U.S.C. 553(b).
    This rule is also made effective upon publication in the Federal 
Register. This action is necessary in order to avoid the disruption in 
the enrollment of border community students in the upcoming academic 
term, as discussed above. It will also facilitate the use of this 
provision by the affected communities as soon as possible after 
publication. Because this rule removes a restriction and imposes no new 
burdens or requirements on the public, the Service is not required to 
delay the effective date of this rule for 30 days under 5 U.S.C. 
553(d), and concludes that it would be contrary to the public interest 
to do so.

Regulatory Flexibility Act

    The Commissioner of the Immigration and Naturalization Service, in 
accordance with the Regulatory Flexibility Act (5 U.S.C. 605(b)), has 
reviewed this regulation and, by approving it, certifies that this rule 
will not have a significant economic impact on a substantial number of 
small entities. This rule allows border community students to enroll 
part-time in United States schools who accept them for admission. 
Although some of these border-area schools may be considered as small 
entities as that term is defined in 5 U.S.C. 601(6), the effect of this 
rule would be to benefit those schools by allowing them to continue to 
enroll certain part-time students who commute into the United States to 
attend school.

Unfunded Mandates Reform Act of 1995

    This rule will not result in the expenditure by state, local, and 
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 affect small governments. Therefore, no actions were deemed 
necessary under the provisions of the Unfunded Mandates Reform Act of 
1995.

[[Page 54945]]

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 (OMB) for review.

Executive Order 13132

    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

    Under the Paperwork Reduction Act of 1995, Public Law 104-13, all 
Departments are required to submit to the Office of Management and 
Budget (OMB) for review and approval any reporting requirements 
inherent in a final rule. This rule does not impose any new reporting 
or recordkeeping requirements under the Paperwork Reduction Act.

List of Subjects in 8 CFR Part 214

    Administrative practice and procedure, Aliens, Employment, 
Reporting and recordkeeping requirements, Students.

PART 214--NONIMMIGRANT CLASSES

    1. The authority citation for part 214 continues to read as 
follows:

    Authority: 8 U.S.C. 1101, 1101 note, 1103, 1182, 1184, 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.

    2. Section 214.2 is amended by:
    a. Removing the term ``for duration of status'' in paragraph 
(f)(1)(i) introductory text;
    b. Adding a new sentence at the beginning of paragraph (f)(5)(i);
    c. Removing the first sentence and revising the current second 
sentence in paragraph (f)(7)(i);
    d. Adding and reserving a new paragraph (f)(17);
    e. Adding a new paragraph (f)(18);
    f. Adding and reserving new paragraph (m)(18); and by
    g. Adding a new paragraph (m)(19).
    The revision and additions read as follows:


Sec. 214.2  Special requirements for admission, extension, and 
maintenance of status.

* * * * *
    (f) * * *
* * * * *
    (5) * * *
    (i) * * * Except for border commuter students who are covered by 
the provisions of paragraph (f)(18) of this section, an F-1 student is 
admitted for duration of status. * * *
* * * * *
    (7) * * *
    (i) * * * An F-1 student who is admitted for duration of status is 
not required to apply for extension of stay as long as the student is 
maintaining status and making normal progress toward completion of his 
or her educational objective. * * *
* * * * *
    (17) Reserved.
    (18) Special rules for certain border commuter students.
    (i) Applicability. For purposes of the special rules in this 
paragraph (f)(18), the term ``border commuter student'' means a 
national of Canada or Mexico who is admitted to the United States as an 
F-1 nonimmigrant student to enroll in a full course of study, albeit on 
a part-time basis, in an approved school located within 75 miles of a 
United States land border. A border commuter student must maintain 
actual residence and place of abode in the student's country of 
nationality, and seek admission to the United States at a land border 
port-of-entry. These special rules do not apply to a national of Canada 
or Mexico who is:
    (A) Residing in the United States while attending an approved 
school as an F-1 student, or
    (B) Enrolled in a full course of study as defined in paragraph 
(f)(6) of this section.
    (ii) Full course of study. The border commuter student must be 
enrolled in a full course of study at the school that leads to the 
attainment of a specific educational or professional objective, albeit 
on a part-time basis. A designated school official at the school may 
authorize an eligible border commuter student to enroll in a course 
load below that otherwise required for a full course of study under 
paragraph (f)(6) of this section, provided that the reduced course load 
is consistent with the border commuter student's approved course of 
study.
    (iii) Period of admission. An F-1 nonimmigrant student who is 
admitted as a border commuter student under this paragraph (f)(18) will 
be admitted until a date certain. The DSO is required to specify a 
completion date on the Form I-20 that reflects the actual semester or 
term dates for the commuter student's current term of study. A new Form 
I-20 will be required for each new semester or term that the border 
commuter student attends at the school. The provisions of paragraphs 
(f)(5) and (f)(7) of this section, relating to duration of status and 
extension of stay, are not applicable to a border commuter student.
    (iv) Employment. A border commuter student may not be authorized to 
accept any employment in connection with his or her F-1 student status, 
except for curricular practical training as provided in paragraph 
(f)(10)(i) of this section or post-completion optional practical 
training as provided in paragraph (f)(10)(ii)(A)(3) of this section.
* * * * *
    (m) * * *
    (18) Reserved.
    (19) Special rules for certain border commuter students.
    (i) Applicability. For purposes of the special rules in this 
paragraph (m)(19), the term ``border commuter student'' means a 
national of Canada or Mexico who is admitted to the United States as an 
M-1 student to enroll in a full course of study, albeit on a part-time 
basis, in an approved school located within 75 miles of a United States 
land border. The border commuter student must maintain actual residence 
and place of

[[Page 54946]]

abode in the student's country of nationality, and seek admission to 
the United States at a land border port-of-entry. These special rules 
do not apply to a national of Canada or Mexico who is:
    (A) Residing in the United States while attending an approved 
school as an M-1 student, or
    (B) Enrolled in a full course of study as defined in paragraph 
(m)(9) of this section.
    (ii) Full course of study. The border commuter student must be 
enrolled in a full course of study at the school that leads to the 
attainment of a specific educational or vocational objective, albeit on 
a part-time basis. A designated school official at the school may 
authorize an eligible border commuter student to enroll in a course 
load below that otherwise required for a full course of study under 
paragraph (m)(9) of this section, provided that the reduced course load 
is consistent with the border commuter student's approved course of 
study.
    (iii) Period of stay. An M-1 border commuter student is not 
entitled to an additional 30-day period of stay otherwise available 
under paragraph (m)(5) of this section.
    (iv) Employment. A border commuter student may not be authorized to 
accept any employment in connection with his or her M-1 student status, 
except for practical training as provided in paragraph (m)(14) of this 
section.
* * * * *

    Dated: August 22, 2002.
James W. Ziglar,
Commissioner, Immigration and Naturalization Service.
[FR Doc. 02-21823 Filed 8-26-02; 8:45 am]
BILLING CODE 4410-10-P