[Federal Register Volume 69, Number 126 (Thursday, July 1, 2004)]
[Rules and Regulations]
[Pages 39814-39827]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-14961]
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DEPARTMENT OF HOMELAND SECURITY
8 CFR Parts 103, 214, and 299
[ICE No. 2297-03]
RIN 1653-AA23
Authorizing Collection of the Fee Levied on F, J, and M
Nonimmigrant Classifications Under Public Law 104-208; SEVIS
AGENCY: Bureau of Immigration and Customs Enforcement, DHS.
ACTION: Final rule.
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SUMMARY: On October 26, 2003, the Department of Homeland Security (DHS)
published a proposed rule in the Federal Register, to implement section
641 of the Illegal Immigration Reform and Immigrant Responsibility Act
of 1996 (IIRIRA), requiring the collection of information relating to
nonimmigrant foreign students and exchange visitors, and providing for
the collection of the required fee to defray the costs.
This rule amends the DHS regulations to provide for the collection
of a fee to be paid by certain aliens who are seeking status as F-1, F-
3, M-1, or M-3 nonimmigrant students or as J-1 nonimmigrant exchange
visitors. Generally, the rule levies a fee of $100, although applicants
for certain J-1 exchange visitor programs will pay a reduced fee of
$35, and certain other aliens will be exempt from the fee altogether.
This final rule explains which aliens will be required to pay the fee,
describes the consequences that an alien seeking F-1, F-3, M-1, M-3, or
J-1 nonimmigrant status faces upon failure to pay the fee, and
specifies which aliens are exempt from the fee. This fee is being
levied on aliens seeking F-1, F-3, M-1, M-3, or J-1 nonimmigrant status
to cover the costs of administering and maintaining the Student and
Exchange Visitor Information System (SEVIS), which includes ensuring
compliance with the system's requirements by individuals, schools, and
exchange visitor program sponsors. The fee will also pay for the
continued operation of the Student and Exchange Visitor Program (SEVP)
and offset the resources to ensure compliance with SEVIS requirements,
including funds to hire and train SEVIS Liaison Officers and other
Bureau of Immigration and Customs Enforcement (ICE) officers.
The rule will be effective on September 1, 2004, and will apply to
potential nonimmigrants who are initially issued a Form I-20 or Form
DS-2019 on or after that date. Potential nonimmigrants, for purposes of
this rule, are those aliens who will apply to the Department of State
(DOS) or DHS for initial attendance as an F, M, or J nonimmigrant,
certain nonimmigrants in the United States that will apply for a change
of status to an F, M, or J classification, and current J-1
nonimmigrants that will apply for a J-1 category change on or after
that date. If a Form I-20 or Form DS-2019 for initial status in a new
program is issued on or after the effective date, the nonimmigrant
traveling on that document will be required to pay the fee. Applicants,
schools, and exchange visitor program sponsors should refer to the fee
pay table contained in this rule for more detailed information
concerning when a fee is required.
DATES: This final rule is effective September 1, 2004.
FOR FURTHER INFORMATION CONTACT: Jill Drury, Director'Student and
Exchange Visitor Program (SEVP), Bureau of Immigration and Customs
Enforcement, Department of Homeland Security, 800 K Street, NW., Room
1000, Washington, DC 20536, telephone (202) 305-2346.
SUPPLEMENTARY INFORMATION:
Background
On March 1, 2003, the former Immigration and Naturalization Service
(Service) transferred from the Department of Justice to DHS pursuant to
the Homeland Security Act of 2002 (HSA), Public Law 107-296, 116 Stat.
2135 (November 25, 2002). The Service's adjudication functions
transferred to the Bureau of Citizenship and Immigration Services
(CIS), and the Service's SEVIS function transferred to the Bureau of
Border Security, now the Bureau of Immigration and Customs Enforcement
(ICE). For the sake of simplicity, any reference to the Service has
been changed to DHS, even when referencing events that preceded March
1, 2003.
What Are SEVP, SEVIS, and the SEVIS Fee?
Section 641 of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996, Public Law No. 104-208, 110 Stat. 3546
(September 30, 1996), codified at 8 U.S.C. 1372, required the creation
of a program to collect
[[Page 39815]]
information relating to nonimmigrant foreign students and exchange
visitor program participants during the course of their stay in the
United States, using electronic reporting technology to the fullest
extent practical. While the pilot program initially involved a small
number of schools, the program has been expanded and fully implemented
to cover all DHS-approved schools and DOS-designated exchange visitor
program sponsors that enroll foreign nationals. The program became
known as SEVP, and its core technology became known as SEVIS. The
substantive requirements and procedures for SEVIS have been promulgated
in separate rulemaking proceedings. See 67 FR 34862 (May 16, 2002,
proposed rule for implementing SEVIS); 67 FR 44343 (July 1, 2002,
interim rule for schools to apply for preliminary enrollment in SEVIS);
67 FR 60107 (September 25, 2002, interim rule for certification of
schools applying for enrollment in SEVIS); 67 FR 76256 (December 11,
2002, DHS's final rule implementing SEVIS); and 67 FR 76307 (December
12, 2002, DOS interim final rule implementing SEVIS). Under section
442(a)(4) of the HSA, as amended, responsibility over SEVIS
specifically transferred to ICE. Section 641(e) of IIRIRA requires that
a fee be established and charged to aliens tracked in SEVIS to fund the
program, and further requires that the fee be used only for SEVP
related purposes. Consistent with this mandate, a sub-account will be
created within the Immigration Examination Fee Account into which SEVIS
fees will be deposited and maintained for exclusive use related to
SEVP.
Who Are the Nonimmigrants Affected by IIRIRA Section 641?
The Immigration and Nationality Act (Act) provides for the
admission of different classes of nonimmigrant aliens, who are foreign
nationals seeking temporary admission to the United States. The purpose
of the alien's intended stay in the United States determines his or her
proper nonimmigrant visa classification. Some visa classifications
permit the nonimmigrant's spouse and qualifying children to accompany
the nonimmigrant to the United States, or to join the nonimmigrant who
is already in the United States. To qualify, the alien's child must be
unmarried and under the age of 21.
F-1 nonimmigrants, as defined in section 101(a)(15)(F) of the Act,
are foreign nationals who come to the United States as foreign students
to pursue a full course of study in DHS-approved colleges,
universities, seminaries, conservatories, academic high schools,
private elementary schools, other academic institutions, or in language
training programs in the United States. For the purposes of this rule,
the term ``school'' refers to all of these types of DHS-approved
institutions. Generally, F-1 nonimmigrants are subject to the SEVIS fee
and monitoring in SEVIS. An F-2 nonimmigrant is a foreign national who
is the spouse or qualifying child of an F-1 student. While F-2
nonimmigrants are subject to monitoring in SEVIS, as an alien deriving
his or her status from that of the F-1 nonimmigrant, they are not
required to pay a separate SEVIS fee.
J-1 nonimmigrants, as defined in section 101(a)(15)(J) of the Act,
are foreign nationals who have been selected by an exchange visitor
program sponsor designated by the United States DOS to participate in
an exchange visitor program in the United States. The J-1
classification includes nonimmigrants participating in programs in
which they will receive graduate medical education or training.
Generally, J-1 nonimmigrants are required to pay a SEVIS fee, and are
subject to monitoring in SEVIS. A J-2 nonimmigrant is a foreign
national who is the spouse or qualifying child of a J-1 exchange
visitor. While J-2 nonimmigrants are subject to monitoring in SEVIS, as
an alien deriving his or her status from that of the J-1 nonimmigrant,
they are not required to pay a separate SEVIS fee.
M-1 nonimmigrants, as defined in section 101(a)(15)(M) of the Act,
are foreign nationals pursuing a full course of study at a DHS-approved
vocational or other recognized nonacademic institution (other than in
language training programs) in the United States. The term ``school''
also encompasses those institutions attended by M-1 students for the
purposes of this rule. Generally, M-1 nonimmigrants are subject to the
SEVIS fee and monitoring in SEVIS. An M-2 nonimmigrant is a foreign
national who is the spouse or qualifying child of an M-1 student. While
M-2 nonimmigrants are subject to monitoring in SEVIS, as an alien
deriving his or her status from that of the M-1 nonimmigrant, they are
not required to pay a separate SEVIS fee.
On November 2, 2002, Congress passed the Border Commuter Student
Act of 2002, Public Law 107-274, 116 Stat. 1923 (2002), which created
the F-3 and M-3 nonimmigrant classifications for certain aliens who are
citizens of Canada or Mexico and who continue to reside in their home
country while commuting to the United States to attend an approved
school. Such border commuter students are not subject to the existing
requirement for F-1 and M-1 students to be pursuing a full course of
study. Instead, these border commuter students are specifically
permitted to engage in either full-time or part-time studies. DHS
adopted regulations relating to border commuter students, 67 FR 54941
(August 27, 2002) (codified at 8 CFR 214.2(f)(18) and (m)(19)), and
will be amending those regulations in the future to conform to the new
legislation. In this rule, DHS notes that F-3 and M-3 students will be
subject to the same rules as F-1 and M-1 students regarding the
collection of the fee.
Response to Public Comments on the Proposed Rule
DHS initially proposed a rule implementing section 641(e) of
IIRIRA, requiring fee collection related to SEVIS on December 21, 1999,
at 64 FR 71323, and received 4,617 comments in response to this
proposed rule. On October 26, 2003, DHS published a second proposed
rule in the Federal Register at 68 FR 61148. The October 26, 2003,
proposed rule addressed the 4,617 comments, as well as setting forth a
new proposal for collection of the SEVIS fee. Comments to the second
proposed rule were due to DHS on or before December 26, 2003. DHS
received 239 comments regarding the collection of the required fee, as
set forth in the second proposed rule. The following paragraphs will
address each substantive issue raised in comments received in response
to the October 2003 proposed rule. However, this discussion will not
describe in detail all the provisions outlined in either of the prior
proposed rules. Rather, it will address only those provisions relevant
to the October 2003 comments. Commenters frequently addressed identical
issues in their comments and, as a result, the number of comments
received exceeds the number of issues discussed.
In general, commenters acknowledged the Congressional mandate that
DHS collect this fee and stated that this 2003 proposed rule was a
significant improvement over the 1999 proposed rule. A significant
number of commenters stated that they were generally pleased with SEVIS
and DHS efforts to reach out to the schools and exchange visitor
program sponsors. However, most of these commenters further stated that
they believed the imposition of the fee would adversely impact
participation by foreign students and exchange visitors. The commenters
discussed the fee amount, the collection and remittance process,
exemptions and
[[Page 39816]]
reductions to the fee, the frequency of the fee, the applicability of
the fee, and the propriety of the fee.
I. Fee Amount
The October 2003 proposed rule set the fee amount at $100, with the
exception of specific J-1 exchange visitor programs. Although several
commenters stated that the $100 fee was not overly burdensome, the
majority of commenters stated that the fee was excessive and should be
set at $54, based upon the fee study conducted in September 2002 by an
independent contractor for DHS. Some commenters expressed concern
regarding the use of the SEVIS fee to pay for SEVIS-related enforcement
and compliance costs. Additionally, some commenters expressed concern
that excessive fee receipts would become a money-generating tool for
DHS, subsidizing other, unrelated programs.
DHS reviewed and considered all comments on the fee amount, but has
made the decision not to change the amount of the $100 proposed fee.
Comments in response to the 1999 rule raised concerns about the
proposed $95 fee, which had been determined by a fee study done in
conjunction with the 1999 rule making. An independent fee study,
carried out in September 2002, was done to respond to those commenter
concerns, and to reassess the amount of the fee, based on changes in
the SEVIS project funding since the publication of the 1999 proposed
rule. An independent consulting firm was hired to conduct an objective
fee review and ensure that applicable Federal law and fee guidance were
followed. The fee review included the recovery of historical costs and
costs over the FY 2003/2004 time period, as well as the appropriated
monies received. The fee review also included costs for increased
staffing and training for DHS personnel involved in the SEVP at DHS
headquarters, district offices, service centers, and regional offices,
as well as training for DOS personnel. The fee study determined that
the fee should be set at $54.
DHS arrived at the final rule fee amount of $100 by taking the fee
recommended in the independent study ($54) and adding estimated
compliance and enforcement costs, which the fee study did not include.
DHS has determined that this fee should offset the resources necessary
to ensure compliance with regulations, since compliance and maintenance
of system integrity are an integral part of SEVP. Indeed, Congress, in
placing SEVIS within ICE, specifically directed that the information
collected in the program be used for enforcement purposes; thus, the
use of the SEVIS fee for enforcement purposes is consistent with the
HSA. See HSA 442(a)(4). This application of user fees as a funding
source for compliance activities is also consistent with the
introduction of user fees in the early 1980s. A Federal agency is
authorized to recoup the ``full cost'' of providing special benefits,
including the costs of enforcement, collection, research, as well as
establishment of standards and regulations, when calculating its fees.
DHS currently recoups some of the costs of detecting and deterring
fraud and protecting the integrity of benefits and documents through
its immigration benefit application fees.
One important program benefit to be funded by the $100 fee is the
establishment of localized personnel, or SEVIS Liaison Officers. These
SEVIS Liaison Officers will be a local resource for schools and
students, providing timely and accurate information or assistance in
meeting the requirements of the program. SEVIS Liaison Officers may
visit schools, interview school officials, review records, compare
system information to school information, and assist schools with SEVP
issues. They will also coordinate with local school representatives and
assist with local training program development and implementation.
Finally, SEVIS Liaison Officers will be available to assist immigration
and other law enforcement officials who may have a need for information
derived from SEVIS.
As previously noted, consistent with the HSA mandate to utilize the
information collected in SEVIS for enforcement purposes, also included
in the fee calculation are funds that will be used to offset the total
cost of SEVP enforcement. A portion of the fee will be used to fund new
positions and to support officers in existing positions who are
performing SEVIS enforcement, as well as to pay for any training,
equipment, technical systems, or other items necessary to enhance their
ability to enforce SEVIS. The ICE officers supported by the SEVIS fee
will conduct investigations to ensure compliance with student and
exchange visitor regulations. These officers are essential to ensuring
data integrity in SEVIS. In addition, these officers will work in
conjunction with SEVIS Liaison Officers on school reviews and re-
certifications. As noted in the 2003 proposed rule, while the fee will
fund only a portion of the ICE officer positions needed to ensure SEVP
integrity, DHS intends to staff all of the ICE officers necessary to
ensure the success of compliance efforts.
This rule sets the fee at the maximum amount initially authorized
by IIRIRA ($100) for all F, M, and J nonimmigrants, with the exception
of exchange visitors admitted as au pairs, camp counselors, or
participants in summer work/travel programs who will be subject to a
fee of $35, and those exempt from the fee altogether. IIRIRA also
provides that the Secretary of Homeland Security may, on a periodic
basis, revise the amount of the fee imposed and collected to take into
account changes in the cost of carrying out the SEVP. Pursuant to the
Chief Financial Officers Act of 1990, DHS will review this fee amount
at least every 2 years. Upon review, if DHS finds that the fee is
either too high or too low, the fee amount may be adjusted. Adjustments
will be made subject to the Federal rulemaking process.
Fee reviews to determine the appropriate amount of the fee and any
adjustments required typically look at historical costs as well as
anticipated costs based upon programmatic changes. Since DHS is
establishing a dedicated sub-account for SEVIS fees within the
Immigration Examination Fee Account, any excess revenue will accrue
until the next scheduled fee review and will then be factored into the
establishment of the new fee. As required by section 641 of IIRIRA, DHS
will not use the proceeds from SEVIS fees except for SEVIS-related
purposes, and will not generate revenue for other programs from this
source. DHS notes that several commenters suggested that future fee
studies be conducted by independent contractors and DHS acknowledges
the value of this suggestion. However, DHS will not specifically
comment in this rule on how future fee studies will be conducted.
Several commenters objected to both the concept of a fee and the
fee amount proposed. Some commenters stated that the imposition of a
fee would deter participation and adversely affect the position of the
United States in the international student/exchange visitor market, and
that the regulations authorizing collection of such a fee will
interfere with important cultural exchanges. DHS acknowledges these
concerns; however, Congress has mandated that DHS set the SEVIS fee at
an amount sufficient to cover the costs associated with the SEVP,
including recouping the historical costs of program implementation, and
ongoing costs of program maintenance. Thus, DHS is required to impose a
fee on the nonimmigrants for whom the system
[[Page 39817]]
was developed and maintained. DHS set the fee amount based upon program
costs and is statutorily prohibited from lowering the fee to an amount
that does not fund the program in order to address these concerns.
Some commenters expressed concern that imposition of a SEVIS fee
might lead to fraudulent use of visitor visa classifications to attend
non-SEVIS-certified schools (particularly short-term English language
programs). However, DHS cannot fail to implement the statutorily
mandated fee because of potential fraud. Rather, DHS enforcement
officers will continue to work to ensure that all nonimmigrant entries
and stays in the United States are legal and based upon appropriate
visa classifications.
II. The Fee Collection and Remittance Process
The 1999 proposed rule required that educational institutions and
exchange visitor program sponsors collect the fee, based upon then
existing law, and mandated that the fee be collected prior to visa
issuance. Congress subsequently amended the law to permit DHS to
collect the fee directly from the F-1, F-3, J-1, M-1, or M-3
nonimmigrants. Based upon these amendments to the law, the October 2003
proposed rule provided for fee collection by DHS and required that
proof of payment be presented during the visa application process or
prior to submitting a change of status request.
A number of the comments DHS received focused on the DHS fee
collection process. The majority of commenters suggested that DOS
collect the fee at the time of the visa interview, similar to the
payment methodology used for collecting visa fees. Many commenters felt
that without this change, nonimmigrants would experience difficulties
and delays with payment methods that required use of the Internet, use
of credit cards, use of checks drawn on U.S. banks and payable in U.S.
dollars, and/or use of foreign mail delivery systems which may not be
timely or reliable. A few commenters proposed the collection of the fee
at the ports-of-entry when students and exchange visitors entered the
United States, as an alternative payment method.
DHS has considered the concerns raised by the commenters and will
continue to work on alternate fee payment methodologies. DHS will not
be able to establish a workable arrangement for fee collection by DOS
prior to the effective date of this rule. However, a pilot DOS fee
collection methodology is being developed at this time. Additionally,
DHS is unable to implement fee collection at ports-of-entry due to the
statutory mandate that the SEVIS fee be paid prior to visa issuance.
Aliens who are exempt from the F, M, or J visa requirement, as
described in section 212(d)(4) of the Act (e.g., Canadians), will be
required to pay the fee and have the fee processed prior to applying
for admission at a U.S. port-of-entry. Ports-of-entry will not be
equipped to collect fees or provide mechanisms for nonimmigrants to
submit fee payments. Also, consistent with the requirements of section
641 of IIRIRA, nonimmigrants who are already located in the United
States will be required to pay the fee prior to being approved for a
change of classification to an F or M student or J exchange visitor,
unless specifically exempt by DHS due to extenuating circumstances as
determined by SEVP.
A. Payment Options on Implementation
In order to allow for fee collection by DHS under the constraints
outlined in the preceding paragraph, this rule establishes the same fee
payment methods discussed in the proposed rule. However, recognizing
that aliens abroad will be required to pay the fee prior to obtaining
an F, J, or M visa at a U.S. embassy or consulate, DHS has sought to
build in as much flexibility as possible for the payment of the fee.
Accordingly, DHS establishes two options for fee payment:
(1) The fee may be paid by mail, by submitting Form I-901, Fee
Remittance for Certain F, M, and J Nonimmigrants, together with a check
or money order drawn on a U.S. bank and payable in U.S. currency; or
(2) The fee may be paid electronically, by completing Form I-901
through the Internet and using a credit card.
These options are similar to the means currently used by
nonimmigrants abroad to pay fees and expenses to a school or exchange
visitor program sponsor, as well as methods used by aliens in other
circumstances to pay fees to DHS for immigration purposes.
DHS acknowledges the commenters' concerns that some aliens may have
difficulty making these payments. To alleviate these problems as much
as possible, DHS will accept fee payment from a third party, either in
the United States or abroad, using the methods outlined previously.
This allows schools and exchange visitor program sponsors to pay for
some or all of their participants, as they choose. Friends, family, or
other interested parties may also make the fee payment on behalf of an
alien.
Additionally, some commenters requested a bulk or batch fee payment
system that would allow exchange visitor program sponsors to pay the
fee for their participants. In response, DHS has established a bulk fee
payment process that will allow an exchange visitor program sponsor to
pay the fee for large numbers of individuals at one time. This
automated fee payment system has been successfully pilot tested. At
this time, only exchange visitor program sponsors have expressed an
interest in making bulk payments on behalf of affected aliens. As a
result, DHS has only developed the bulk payment option for exchange
visitor program sponsors. Although this regulation does not provide for
a bulk payment option for schools enrolling F and M nonimmigrants,
should schools express an interest in bulk payments in the future, DHS
will assess the feasibility of developing this option for them.
DHS wishes to clarify that the requirement that a check or money
order be drawn on a U.S. bank does not necessitate that the student or
potential exchange visitor living outside the United States approach a
U.S. bank to make a payment. As provided in 8 CFR 103.7(a)(1), an
application fee submitted from outside the United States, ``may be made
by bank international money order or foreign draft drawn on a financial
institution in the United States,'' and payable in U.S. currency. Many
foreign banks are able to issue checks or money orders drawn on a U.S.
bank. Accordingly, students or potential exchange visitors may obtain
checks from banks chartered or operated in the United States, from
foreign subsidiaries of U.S. banks, or from foreign banks that have an
arrangement with a U.S. bank to issue a check, money order, or foreign
draft that is drawn on a U.S. bank.
DHS also clarifies that any Visa, MasterCard, or American Express
credit card, whether issued in the United States or overseas, can be
used to pay the fee over the Internet.
B. Payment Options in the Future
DHS will continue to explore alternate fee payment methods that
might ease potential difficulties associated with fee payment from
foreign countries. Most significantly, DHS is working closely with DOS
to establish a pilot project for DOS collection of the SEVIS fee
overseas. This pilot is being developed to explore the feasibility of
SEVIS fee collection at both consular offices with outsourced fee
collection using foreign financial institutions and at consular offices
with internal cashiers. The pilot will be
[[Page 39818]]
conducted in a small number of consulates.
A number of issues surround the implementation of SEVIS fee
collection at DOS consulates. It is important to note that fee
settlement costs are distributed among all fee-payers. DHS will avoid
implementing collection solutions that result in excessively high fee
collection costs. The very real possibility of excessive costs
associated with fee collections performed by some foreign financial
institutions may make this method untenable in some locations. It is
also possible that DHS and DOS will not be able to reach a negotiated
agreement with foreign financial institutions to collect the fees in
some locations where the Machine Readable Visa Fee is currently
collected. The visa application fee is collected from all visa
applicants every time they apply for a visa with no reductions or
exceptions; the SEVIS fee is collected from a select group of
nonimmigrants, does not apply each time a new visa is sought, and the
amount varies depending upon several factors. Further, the SEVIS fee
must be associated with an I-901 form so that the payment can be linked
to a specific nonimmigrant in the SEVIS system. Because these factors
may complicate collection, some foreign financial institutions may not
be interested in collecting the fee. Further difficulties may arise
with foreign government regulations limiting the ability of the
Consulate Offices to transfer funds to the United States.
Additionally, a needs analysis will be done to document the
requirement for an alternative fee collection method in each individual
country being considered. To avoid increased fee settlement costs that
would be spread among all fee payers, the DOS pilot would be extended
only post-by-post, country-by-country, on the basis of documented need.
For these reasons, DHS will assess the feasibility, efficiency, and
effectiveness of these pilot projects to determine whether and how
SEVIS fee collection can occur through DOS consulates.
Two additional methods being explored are the use of payment
clearinghouses and the establishment of direct contractual
relationships with foreign financial institutions to allow the
potential nonimmigrant to pay that financial institution in foreign
funds, similar to the process used by DOS for visa fee payments. While
DHS remains committed to providing many options for fee payment, DHS
can only allow for two avenues for fee remittance at this time. The
alternative types of fee remittance discussed in this section will be
fully explored and piloted as appropriate; however they will not be
fully implemented without a cost-benefit analysis and a needs analysis.
DHS will issue further guidance and a Federal Register notice relating
to alternative collection methods when they become feasible.
C. Verification of Fee Payment
Several commenters expressed concerns that, due to the timeframes
involved in the visa application process, requiring fee payment prior
to visa issuance creates an undue burden on F, M, and J visa
applicants. DHS wishes to clarify that fee payment does not need to be
completed prior to scheduling an interview with the consulate, or any
other activities undertaken prior to the in-person application process
at the consulate. However, in order to assure that fee payment can be
verified for purposes of visa issuance, the fee payment must be
processed at least 3 business days prior to the date upon which the
alien reports to the consulate to submit the visa application and
undergo a visa interview. For nonimmigrants paying the fee
electronically using the Internet, and who choose to rely on electronic
fee verification at the consulate, the fee must be submitted at least 3
days in advance of the interview. However, a nonimmigrant paying the
fee electronically by using the Internet is able to print out a receipt
at the time of fee payment, and will be able to use that printed fee
receipt for immediate verification of payment. For nonimmigrants paying
the fee by mail, the fee must be submitted in a manner that assures
arrival at the DHS address listed on the Form I-901 at least 3 business
days before the scheduled interview. This timeframe is also required
for aliens who are exempt from the F, M, or J visa requirement, as
described in section 212(d)(4) of the Act (e.g., Canadians). For the
fee to be verified electronically, the nonimmigrant must pay the fee
either electronically via the Internet or by mail so that it arrives at
the address listed on the I-901 form at least 3 business days prior to
applying for admission at a U.S. port-of-entry. Again, a nonimmigrant
paying electronically using the Internet who is able to print out the
receipt at the time of fee payment will immediately be able to use that
printed fee receipt for verification of payment.
Other commenters expressed concern that the use of paper receipts
would lead to fraud. DHS acknowledges this concern, but also must make
receipts available to nonimmigrants because the statute requires that
nonimmigrants be able to present proof of fee payment before being
granted certain benefits, such as admission, a visa, or change of
status. At this time, certain SEVIS users (e.g., DHS service centers
processing change of status requests, SEVP telephone hotline) will be
able to electronically verify fee payment status for nonimmigrants. DHS
is working with DOS to finalize the interface that will allow consular
officers overseas to see fee payment status electronically in the DOS
data management system. Unfortunately, not every DOS consulate and
embassy is anticipated to have electronic fee verification upon the
effective date of this final rule. However, DHS believes that if fee
collection were delayed until such time as paper receipts can be
eliminated this would be inconsistent with Congressional statements
favoring expeditious implementation of a SEVIS fee, and also with the
Congressional requirement that nonimmigrants be able to present proof
of fee payment before receiving benefits. See Visa Waiver Permanent
Program Act of 2000 404(6), Public Law 106-396, 114 Stat 1637 (October
30, 2000); 8 U.S.C. 1372(e)(5). Therefore, at this time, DHS will issue
an official paper receipt acknowledging every payment regardless of
payment method used. The paper receipt will be mailed or sent via
express delivery service to the address provided on the Form I-901.
Additionally, anyone who submits an individual fee electronically will
be able to print out an electronic receipt immediately at the time of
payment for use pending the mail delivery of the official paper
receipt. Exchange visitor program sponsors who submit Form I-901s and
pay the fee via the bulk filing process will receive receipts via
express delivery for distribution to their program participants.
While DHS will continue to provide a paper fee receipt, consular
officials will use the DOS system to verify fee payment when validating
Form I-20 or Form DS-2019 information, wherever possible. Even in cases
where DOS can generally use the system to verify fee payment, the paper
receipts will continue to serve as a secondary means of fee
verification. Paper receipts will serve to assist students in
demonstrating that the fee has been paid. However, a paper receipt is
not required for the visa interview, admission at the port-of-entry, or
any other part of the SEVIS process when proof of payment can be
verified electronically. This dual system will ensure that, in
instances where paper receipts sent by mail are either delayed in
transit or not received at all, the issuance of the nonimmigrant visa
[[Page 39819]]
will proceed unimpeded; additionally, in instances where paper receipts
are presented as proof of fee payment, the electronic records will
serve as fraud prevention. As part of the regulatory implementation and
during this initial period of dual paper and electronic fee payment
verification, DHS will also initiate and maintain a telephone hotline
to be used by DOS consular officers, DHS inspectors at ports-of-entry,
and DHS officers adjudicating change of status cases at service centers
as a backup means to allow these officials to verify the electronic
record of fee payment. This dual process, in which paper receipts may
be relied upon for fee verification until electronic verification is
available at every consulate, is necessary to assure a timely and
effective implementation of the fee payment validation process. DHS may
issue a notice in the Federal Register to eliminate the paper receipt
at some time in the future, if it has been clearly demonstrated that it
is no longer necessary. In summation, non-immigrants affected by this
rule are encouraged to present a paper receipt in the following cases:
Nonimmigrants applying for an F, M, or J visa abroad
should present a paper receipt to verify fee payment until such time
that all consular officers can electronically verify fee payment. DHS
will inform all schools and program sponsors when an electronic fee
verification capability has been established at all consulates.
Nonimmigrants exempt from the visa requirement (pursuant
to section 212(d)(4) of the Act) should present a paper receipt to
verify fee payment at the port-of-entry, prior to being admitted to the
United States as an F, M, or J nonimmigrant, although all DHS
inspectors should be able to electronically verify fee payment if a
paper receipt is not available.
Nonimmigrants applying for a change of status to F, M, or
J from within the United States will not be required to send the paper
receipt with their change of status application. Rather, the
adjudicating officer will access SEVIS to verify payment of the fee.
However, students and exchange visitors should note that if the
adjudicating officer does not find verification of fee payment in
SEVIS, the applicant will receive a request for evidence from the
service center and the applicant may be required to submit a paper
receipt in response to this request.
D. The I-901 Form
Finally, in response to the notice published in the Federal
Register (68 FR 59800) on October 17, 2003, some commenters expressed
concern about the Form I-901, Fee Remittance For Certain F, J, and M
Nonimmigrants. Commenters were concerned that a fee payment was linked
to a single SEVIS identification number, since a nonimmigrant may apply
to more than one school or exchange visitor program, and, therefore,
may have multiple I-20s or DS-2019s with multiple SEVIS identification
numbers. DHS clarifies that fee verification will allow for a fee
payment made on one SEVIS identification number to be applied to
another SEVIS identification number issued to the same individual.
Nonimmigrants are strongly encouraged to bring proof of both SEVIS
identification numbers to the consulate or port-of-entry when payment
has been made on a SEVIS identification number that is different than
the one being used to obtain a visa or entry. DHS notes that if a new
fee payment is required, as explained fully below, it must be paid,
regardless of payments made on the same or different SEVIS
identification numbers. In the future, multiple SEVIS identification
numbers for a single nonimmigrant are likely to be augmented with the
unique biometric identifier used by the United States Visitor and
Immigrant Status Indicator Technology Program (US-VISIT). This will
enable positive matches where more than one record exists for a single
person.
In response to comments, several minor changes are being made to
the I-901 form. The titles for the name blocks are being further
clarified. DHS is amending the instructions to clarify that a credit
card may be used to pay the fee when the Internet version of the form
is used. In addition, DHS is changing the form so that an ``N'' will
automatically populate the first space of the SEVIS identification
number to help prevent data entry errors. And finally, DHS is adding a
street address to the form to allow for courier delivery of the form
and payment to DHS.
III. Fee Exemption and Reduction
IIRIRA section 641provides that an alien seeking J-1 status to
participate in an exchange visitor program that is sponsored by the
Federal government is exempt from paying a fee. Several commenters
requested clarification on how to determine which programs the Federal
government sponsors. DHS clarifies that those potential J-1 exchange
visitors exempt from the fee as participants in a Federal government
sponsored exchange visitor program are those participating in an
exchange visitor program with a program identification designator
prefix of G-1, G-2, or G-3.
Commenters suggested that other students and/or exchange visitors
should be exempt from the fee. Similarly, a number of commenters
suggested that the fee be reduced below $100 for other programs to
mirror the reduction Congress expressly provided to certain J-1
participants, including lower fees for short-term English language
programs, for all English language programs, for some or all short-term
programs, for part-time and full-time commuter students, and for
secondary school students. As noted in the 2003 proposed rule, Congress
specifically exempted from the SEVIS fee only J-1 nonimmigrants who are
participating in an exchange visitor program sponsored by the Federal
government, and explicitly reduced it only for certain other J-1
nonimmigrants. DHS interprets the Congressional mandate such that no
other groups of nonimmigrants should be exempted from the SEVIS fee or
have a reduced SEVIS fee based upon the principle of expressio unius:
when one or more things of a class are expressly mentioned, others of
the same class are necessarily excluded.
Additionally, DHS cannot adopt the suggestion made by some
commenters, that secondary school students and exchange visitors should
be exempt from the fee payment because they were not initially required
to be tracked in SEVIS. DHS is requiring that all elementary and
secondary non-immigrant students on F-1 and J-1 visas be tracked in
SEVIS, based upon amendments to section 641(e)(1) of IIRIRA made by
section 416 of the Uniting and Strengthening America by Providing
Appropriate Tools Required to Intercept and Obstruct Terrorism (USA
PATRIOT) Act of 2001, Public Law 107-56, 115 Stat 272 (October 26,
2001). Since these students are required to be tracked in SEVIS and are
not expressly exempted from paying fees by Congress, DHS requires fee
payment from them.
IV. The Frequency of the Fee
In the 2003 proposed rule, DHS suggested that aliens who paid the
fee and were denied a visa would not have to pay another fee to apply
for the same visa classification for a period of 9 months, and
specifically sought comments on this timeframe. The majority of
commenters felt that this timeframe should be extended to 12 months to
accommodate the academic and program-specific annual calendars. This
suggestion was accepted and adopted in this final rule.
[[Page 39820]]
Although DHS provided an explanation of when a new fee payment
would be required in the 2003 proposed rule, several commenters
requested a more detailed clarification. In the following paragraphs,
DHS re-states and further clarifies exactly when a fee is initially
required, and when an additional fee payment would be subsequently
required by the same individual. The SEVIS fee is a one-time fee for
each nonimmigrant program in which the student or exchange visitor
participates. For purposes of this fee, a ``single program'' for an F
or M student generally extends from the time that the student is
granted a particular nonimmigrant status, until such time that the
nonimmigrant falls out of status, changes status, or departs the United
States for an extended period of time. For a J exchange visitor, a
single program is defined by the category and/or sponsor at the time of
initial program participation, and extends until a change of category,
a transfer from a fee-exempt sponsor to a non-fee-exempt sponsor, or
until such time as the nonimmigrant falls out of status or changes
status. In general:
An F or M student will be required to pay only one fee if
he/she maintains continuous status in a single visa classification, or
if he/she is granted a reinstatement to student status in a timely
manner following a violation of status;
A J exchange visitor will be required to pay only one fee
if he/she maintains status while participating in a single exchange
visitor program, or if he/she resumes status within the same program
following a violation of status;
A student or exchange visitor will be required to pay a
new fee if he/she violates status and cannot or does not resume status
in a program, in accordance with 8 CFR 214.2 (f)(16) and (m)(16) or 22
CFR 62.45, and subsequently returns to the United States to participate
in another program;
A student or exchange visitor will be required to pay a
new fee if he/she wishes to change to another student or exchange
visitor status, unless explicitly exempt; and,
An exchange visitor will be required to pay a new fee
prior to applying for a change of category.
This final rule further clarifies that an F or M student will not
be required to pay a new fee upon transfer to a new school, extension
of stay, change in educational level, when obtaining a new visa for re-
entry for program continuation, upon a temporary absence of less than 5
months, or upon a period of approved absence in which the student is
engaged in overseas study as a part of his/her U.S. educational program
requirements. Further, a student will not have to pay a new fee if he/
she falls out of status and files for reinstatement prior to the
presumptive ineligibility deadline set forth in 8 CFR
214.2(f)(16)(i)(A) or (m)(16)(i)(A). An exchange visitor will not
generally be required to pay a new fee upon transfer between programs
within the same exchange visitor category. However, an exchange visitor
that transfers from a fee-exempt program to a non-fee-exempt program
under the same exchange visitor category, e.g., a program with a prefix
of G-1, G-2 or G-3, to another program with a program prefix that is
not G-1, G-2 or G-3, but is within the same program category (e.g.,
research scholar), will be required to pay the fee upon transfer.
Further, as previously stated, a change of J-1 exchange visitor
category will require payment of a new fee. An intending J-1
nonimmigrant will be required to pay a new fee if, after completion of
an exchange visitor program, he/she wishes to return to the United
States to begin a new program, even if it is in the same category. An
exchange visitor will not be required to pay a new fee if he/she falls
out of valid program status due to a minor or technical infraction.
However, an exchange visitor will be required to pay the SEVIS fee
prior to applying for reinstatement under 22 CFR 62.45 with DOS.
As previously noted, this final rule extends the period of time
from 9 months to 12 months during which an alien does not need to repay
the fee when re-applying for the same category of visa after initial
denial. Additionally, DHS clarifies that this 12-month exemption
applies to a student or exchange visitor who has been denied a change
of status within the United States, and whose application is
subsequently re-opened and approved. However, DHS wishes to clarify
that if a visa is denied for a particular J-1 exchange visitor
category, and the alien is applying for a visa in a different J-1
category, the alien will have to pay a new fee in conjunction with that
visa application, even if the second application is made within the 12-
month period identified previously. This restriction on J-1
applications also applies to applications for change of status to a J-1
exchange visitor program.
Where an F or M nonimmigrant is applying for reinstatement to
student status, and has been out of status for a period that exceeds 5
months at the time of filing, the nonimmigrant will be required to pay
a new fee to DHS prior to the adjudication of the reinstatement
request. This 5-month time limit is set in accordance with the 5-month
presumptive ineligibility deadline at 8 CFR 214.2(f)(16)(i)(A) and
(m)(16)(i)(A). Similarly, pursuant to 22 CFR 62.45, where an exchange
visitor applies for reinstatement after a substantive violation or
after falling out of his/her valid J program status for longer than 120
days but less than 270 days, the exchange visitor will be required to
pay a new fee prior to applying with DOS for reinstatement.
A new fee would also be required if an F, M, or J nonimmigrant
changes to a non-student/exchange visitor visa classification and then
wishes to return to the previously held F, M, or J status. Finally, a
new fee is needed if an alien re-applies for the same visa status or
for the same change in status more than 12 months after a denial is
issued either overseas at a U.S. embassy or consulate, or within the
United States.
The following charts outline who is exempt from paying a fee, who
is required to pay a fee and when a fee payment is required, and who
may pay a reduced fee:
Chart I--Fee payment not required if applicant is:
A continuing F, M, or J nonimmigrant who maintains that status, and
whose initial Form I-20 or DS-2019 was issued before September 1, 2004,
as evidenced by their SEVIS record and the issuance date on their form.
An F-2, J-2, or M-2 dependent .
A J-1 participant in an exchange visitor program sponsored by the
Federal government. A program sponsored by the Federal government is
identified by a program designation prefix of G-1, G-2, or G-3 .
An F-1, F-3, J-1, M-1, or M-3 nonimmigrant applying for a visa to
return to the United States as a continuing student or a continuing
participant of an exchange visitor program.
This provision applies only to nonimmigrants returning to
the United States to resume participation in a program that was
previously begun, in which he or she has maintained status, and which
has not yet been completed.
This includes F or M nonimmigrants who will return as
continuing students after a temporary absence from the United States
for a period of less than 5 months in duration.
This provision also includes F or M students returning as
continuing students after working towards completion of the U.S.
program in authorized overseas study.
An F-1 or F-3, nonimmigrant maintaining continuous status and
[[Page 39821]]
changing educational levels. Examples include F students:
Moving directly from high school to college.
Moving directly from a masters degree program to a
doctoral program.
An F-1, F-3, M-1, or M-3 nonimmigrant transferring between approved
schools at the same educational level.
A J-1 nonimmigrant transferring between programs in the same
exchange visitor category where no differential fee exists. Examples
include transfers:
Between two fee-exempt programs (a transfer between G-1,
G-2, or G-3 programs).
Between two non-fee-exempt programs.
From a non-fee-exempt program to a fee-exempt program (G-
1, G-2, or G-3 program).
A nonimmigrant applying for a change of classification from within
the United States between an F-1 and F-3 status, or between M-1 and M-3
status.
An F-1, F-3, J-1, M-1, or M-3 nonimmigrant requesting/applying for
an extension of stay in a single program.
``Extension'' for purposes of this example applies to
students who have maintained participation in a program when additional
time is needed for program completion.
An alien who paid an initial fee when seeking an F-1, F-3, M-1, or
M-3 visa from an embassy or consulate abroad, was denied a visa, and is
applying again for a visa for the same type of program within 12 months
of the initial denial.
An alien who paid an initial fee when seeking a J-1 visa from an
embassy or consulate abroad, was denied a visa, and is applying again
for a visa in the same J-1 exchange visitor category within 12 months
of the initial visa denial.
This provision does NOT apply to J-1 applicants who
initially applied for a fee exempt program (e.g., a program with a
program identifier designation prefix of G-1, G-2 or G-3), and who,
after visa denial, apply for a program that is not fee exempt.
A nonimmigrant who has applied for a change of status in the United
States to an F, M, or J classification, had the initial application for
the change of status denied for a reason other than failure to pay the
SEVIS fee, and is applying for a motion to re-open the case within 12
months of the original denial.
Pursuant to SEVP discretion, certain nonimmigrants changing between
F and M status due solely to a change in school classification during
their course of study.
An F or M nonimmigrant applying for reinstatement of student
status, who has not been out of student status for a period exceeding
the presumptive ineligibility requirement set forth in 8 CFR
214.2(f)(16)(A) or 214.2(m)(16)(A).
Chart II--Fee payment of $100 is required if the applicant is:
An alien seeking an initial F-1, F-3, J-1, M-1, or M-3 visa from an
embassy or consulate abroad for initial attendance at a DHS-approved
school or initial participation in a Department of State-designated
exchange visitor program that is subject to the $100 fee amount.
(Specific J-1 programs not subject to the $100 fee are described in
both Chart I and Chart III.)
The fee must be processed 3 business days before the consular
interview, unless the applicant has a printed receipt from Internet
payment. Fees will not be payable at the consulate.
An alien exempt from the visa requirement described in section
212(d)(4) of the Act, who will be applying for admission at a United
States port-of-entry to begin initial attendance at a DHS-approved
school or initial participation in a Department of State-designated
exchange visitor program that is subject to the $100 fee amount.
(Specific J-1 programs not subject to the $100 fee are described in
both Chart I and Chart III.) Such fee must be processed at least 3
business days prior to making an application for admission at the port-
of-entry, unless the applicant has a printed receipt from Internet
payment. Fees will not be payable at the port-of-entry.
An alien in the United States seeking a change of status to F-1, F-
3, J-1, M-1, or M-3 . Exceptions are listed in Chart I for instances
not requiring fee payment.
A nonimmigrant who was initially granted J-1 status as a
participant in an exchange visitor program sponsored by the Federal
government, (i.e., with a program identifier designation prefix of G-1,
G-2, or G-3), and who is now transferring to another J-1 program in the
same category that is not similarly sponsored (i.e., has a program
identifier designation prefix other than G-1, G-2, or G-3).
A J-1 nonimmigrant who is applying for a change of category within
the United States, with the exception of a change to a J-1 program
specifically requiring an alternate fee, as indicated in Chart III, or
a program whose program identifier designation prefix is G-1, G-2, or
G-3.
A J-1 nonimmigrant who is applying for reinstatement after a
substantive violation, or who has been out of program status for longer
than 120 days but less than 270 days during the course of his or her
program.
An F or M nonimmigrant applying for reinstatement of student
status, who has been out of student status for a period exceeding the
presumptive ineligibility requirement set forth in 8 CFR
214.2(f)(16)(A) or 214.2(m)(16)(A).
An F or M nonimmigrant, including an F-3 or M-3 nonimmigrant, who
has been absent from the United States for a period exceeding 5 months,
was not working towards completion of curriculum in authorized overseas
study, and now wishes to re-enter for a new F or M program of study in
the United States.
Chart III--Fee payment is reduced to $35 if applicant is:
A J-1 nonimmigrant applying for participation in a summer work/
travel, au pair, or camp counselor program.
V. Applicability of the Fee Requirement
A number of commenters to the proposed rule stated that the fee
should not be implemented without adequate notice. Generally,
commenters suggested that implementation be delayed to not earlier than
September 2004, although one commenter felt that January 2005 would be
most appropriate. Additionally, various commenters stated that fee
implementation should not take place in the spring, summer, or fall due
to considerations with academic and program calendars. However,
Congress mandated in section 641 of the IIRIRA that the Student and
Exchange Visitor Program information collection effort be funded by
those aliens included in the program, and made express provisions to
expedite implementation and collection of the fee. See, e.g., Visa
Waiver Permanent Program Act of 2000, 404, Public Law 106-396, 114
Stat. 1637 (October 30, 2000) (exempting the SEVIS fee from the
Administrative Procedures Act rulemaking process in order to ``ensure
the expeditious, initial implementation of this section''). SEVIS is
currently operational and DHS is incurring associated operating costs.
As such, while the fee is not being imposed retroactively, this fee
must be collected as soon as feasible. This final rule imposes the fee
requirement for students and exchange visitors whose Form I-20 or Form
DS-2019 is initially issued on or after September 1, 2004. In general,
nonimmigrants maintaining F, M, or J status will not be subject to the
fee. Further, intending F, M, or J nonimmigrants issued an I-20 or DS-
2019 prior to September 1, 2004, (as evidenced by the issuance date on
the form) will not be subject to the fee except as defined in the
preceding charts. While some school and exchange visitor programs
requested more time to
[[Page 39822]]
prepare for the implementation of the fee, a proposed rule on this fee
was initially published in 1999 and, most recently, a revised proposal
was published in October 2003. The statutory provisions and proposed
rules have informed the schools and exchange visitor programs that this
fee collection will occur. Moreover, DHS is collecting the fee, which
is a change to the 1999 proposal that schools and exchange visitor
program sponsors collect this fee. Thus, DHS believes that there has
been sufficient time to prepare for fee implementation.
As noted, this rule will be effective on September 1, 2004, and
will apply to potential nonimmigrants that are initially issued a Form
I-20 or Form DS-2019 on or after that date. Potential nonimmigrants,
for purposes of this rule, are those aliens who will apply to DOS or
DHS for initial attendance as an F, M, or J nonimmigrant, certain
nonimmigrants in the United States that will apply for a change of
status to an F, M, or J classification, and current J-1 nonimmigrants
that will apply for a J-1 category change, on or after that date. If a
Form I-20 or Form DS-2019 for initial status in a new program is issued
on or after the effective date, the nonimmigrant traveling on that
document will be required to pay the fee. Applicants, schools, and
exchange visitor program sponsors should refer to the fee pay table
contained in this rule for more detailed information concerning when a
fee is required.
VI. Propriety of the Fee Requirement
Some commenters stated that it is unfair to charge fees to
nonimmigrants who were denied a visa, stating that these nonimmigrants
receive no benefit from the program. A few commenters further stated
that the fee should only be paid by those who choose to actually come
to the United States, regardless of whether or not a visa is issued.
These recommendations, while acknowledged, cannot be adopted by DHS.
Pursuant to statutory mandate, the fee payment must be processed prior
to obtaining a nonimmigrant visa.
DHS has modified the proposed rule to make the fee payable prior to
obtaining a visa, rather than prior to starting the visa application
process. Likewise, for aliens who are exempt from the visa
requirements, the fee must be paid and processed prior to making an
application for admission at a port-of-entry. However, DHS wishes to
further clarify this distinction. Fee payment does not need to be
completed prior to scheduling an interview with the consulate or any
other activities undertaken prior to the in-person application process
at the consulate. In order to assure that fee payment can be verified
for purposes of visa issuance, the fee payment should be processed at
least 3 business days prior to the date upon which the alien reports to
the consulate to submit the visa application and undergo a visa
interview, unless the alien can present a printed receipt from Internet
payment. Similarly, 3 business days also must elapse between the
processing of a fee and submitting an application for admission at a
port-of-entry for aliens exempt from the visa provisions, as described
in section 212(d)(4) of the Act, unless the alien can present a printed
receipt from Internet payment. As stated in previous sections, if the
visa or admission is subsequently denied and the alien applies again
within 12 months, no new SEVIS fee will be required.
DHS further wishes to clarify that those nonimmigrants who are
denied a visa or who are granted a visa and then choose not to come to
the United States have already benefited from SEVIS. A nonimmigrant
seeking F, M, or J status must prove to the consular officer granting
his or her visa that he or she has been admitted by a DHS certified
school or DOS designated exchange visitor program sponsor. Prior to
SEVIS, nonimmigrants used hard copy forms issued by the schools or
sponsors to verify their claim. These forms were subject to fraud and
difficult to verify. This led to abuse of these nonimmigrant
classifications as well as delays and denials of visa applications when
consular officers suspected fraud. SEVIS allows nonimmigrant
information to be entered into the system by certified schools or
designated sponsors. The nonimmigrant is then granted a Form I-20 or
Form DS-2019, which he or she can then use to apply for an F, M, or J
visa. SEVIS allows for immediate electronic verification of an alien's
I-20 or DS-2019 information, assisting consular officers as they
determine the alien's eligibility for F, M, or J status. This
constitutes a benefit for every applicant seeking student or exchange
visitor status.
Further, some commenters argued that the tracking of F, M, and J
nonimmigrants while they are in the United States does not benefit
individuals, but rather benefits the population as a whole by
increasing the security of the United States. DHS disagrees. SEVIS was
developed subsequent to the discovery that some of the terrorists
participating in the 1993 World Trade Center bombing and the September
11, 2001 attacks were nonimmigrants using student visas. At a time when
some Americans felt that student and exchange visitor visas ought to be
severely curtailed or eliminated, the development of SEVIS with its
ability to maintain information on F, M, and J nonimmigrants allowed
for the continued use of these visa classifications. Thus, SEVIS
benefits the individual nonimmigrants able to obtain and use visas of
these classifications. Additionally, when an F, M, or J nonimmigrant
seeks further benefits such as employment, change of status, or
reinstatement, SEVIS is used to verify their eligibility.
Further, enforcement of F, M, or J status violations benefits all
F, M, or J nonimmigrants. DHS notes that these visa classifications
allow nonimmigrants to enter the United States for long periods of time
with benefits (such as employment opportunities) not available for many
other visa classifications. Prior to SEVIS, there was widespread abuse
of these visa classifications, including overstays. Widespread abuse of
the F, M, and J visa classifications undermines the legitimacy of the
entire foreign student and exchange visitor program. An effective
enforcement program that relies upon SEVIS information to identify and
initiate investigations of status violations enhances the integrity of
the entire program. Enforcement oversight leads to the increased
integrity of the program; it is possible to differentiate between
legitimate students and exchange visitors and the status violators.
This benefits the individual F, M, or J nonimmigrants who are
legitimate.
SEVIS allows each F, M, or J nonimmigrant to provide easily
verifiable documentation that confirms that he or she is abiding by the
requirements of his or her student or exchange visitor status. Further,
SEVIS creates alerts when certified schools or designated sponsors
provide or fail to provide certain required information. These alerts
are used to initiate investigations in which ICE enforcement officers
verify whether or not a violation of status has occurred. By enforcing
status violations, DHS helps ensure that the majority of students and
exchange visitors in SEVIS are legitimately in status and that the data
in SEVIS is reliable. Without enforcement, the violations of status
that undermined the student and exchange visitor program in the past
would occur again. With enforcement ensuring the integrity of SEVIS
data, legitimate students and exchange visitors can provide reliable
documentation of their status and avoid difficulties and delay when
seeking benefits.
[[Page 39823]]
As previously stated, some nonimmigrants may not be granted visas
or may choose not to come to the United States after their visas are
granted. DHS will not refund the fee in these cases. However, fees paid
in error will be refunded.
VII. Miscellaneous Comments and Concerns
A number of commenters suggested that the proposed fee will deter
participation by foreign students and exchange visitors. In particular,
it was noted that participation in short-term or intensive English
language programs has already dropped significantly. DHS recognizes
that there have been significant changes in the national security
environment since September 11, 2001. However, DHS notes that while the
demand for foreign student and exchange visitor visas has been down in
the past 2 years, so has the demand for visas in general. Therefore,
there is little reason to believe that this downward trend for students
and exchange visitors is based solely upon the implementation of SEVIS.
Similarly, future reduced participation (especially that already
evidenced by reduced applications) will not necessarily be linked
directly to the implementation of the SEVIS fee. It is noted that in
many cases, compared with the overall cost of a U.S. education or
participation in an exchange visitor program, the imposition of the
SEVIS fee does not significantly increase the financial burden on
foreign students and exchange visitor program participants.
Additionally, a few commenters expressed a belief that the
imposition of this fee would deter the participation of students and
exchange visitors with the most limited resources, particularly those
from the least developed countries. While DHS acknowledges this
possibility, the statute mandating the implementation of the fee allows
for no specific fee reductions, exemptions, or delayed payments based
upon a nonimmigrant's available resources or the infrastructure
limitations of his/her country. Further, F, M, and J nonimmigrants are
required by DHS and DOS regulations to provide evidence of sufficient
financial resources to support themselves throughout their program.
When considering the average cost of a temporary stay in the United
States, including all related program costs, DHS does not believe that
the SEVIS fee presents an additional cost burden sufficient to act as a
deterrent to F, M, or J program participation. DHS notes that many
schools and exchange visitor program sponsors, as well as other
interested third party organizations (such as advocacy groups), already
make special efforts to assist these nonimmigrants. DHS commends and
encourages this assistance and, to facilitate such assistance, DHS will
accept fee payment from third parties.
Regulatory Flexibility Act
I have reviewed this final rule in accordance with the Regulatory
Flexibility Act (5 U.S.C. 605(b)) and, by approving it, I preliminarily
certify that this rule will not have a significant economic impact on a
substantial number of small entities. The students and exchange
visitors impacted by this rule are not considered ``small entities,''
as that term is defined in 5 U.S.C. 601(6).
Since Congress changed the law to provide that DHS will collect the
fee directly from the nonimmigrant, rather than having the school or
exchange visitor program sponsor collect and remit the fee, schools and
exchange visitor program sponsors will no longer need to be involved in
any way with respect to the collection of the fee. However, they are
free to offer assistance to their students or potential exchange
visitors if they choose to do so. Exchange visitor program sponsors who
choose to participate in the bulk payment process to pay the fee on
behalf of their participants may incur costs associated with
establishing their batch file connection with the fee payment system,
as well as the costs of the fees. However, the program sponsor's
assumption of these costs on behalf of their participants is voluntary
and, therefore, not subject to the Regulatory Flexibility Act.
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 effect small governments. Therefore, no actions were deemed
necessary under the provisions of the Unfunded Mandates Reform Act of
1995.
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 U.S. 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 U.S.-based companies to compete with foreign-based
companies in domestic and export markets. As mandated by Congress, this
rule levies a fee in the amount of $100 on some nonimmigrant students
and exchange visitors, and a fee in the amount of $35 for exchange
visitors admitted as au pairs, camp counselors, or participants in a
summer work/travel program.
Executive Order 12866
DHS is required to implement this rule under section 641(e) of
IIRIRA, 8 U.S.C. 1372. This rule is considered by DHS 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.
In particular, DHS has assessed both the costs and benefits of this
rule, as required by Executive Order 12866, section 1(b)(6), and has
made a reasoned determination that the benefits of this regulation
justify its costs.
How Was the Amount of the Fee Determined?
The costs to the public that this rule imposes are primarily the
fees that must be paid by nonimmigrant students and exchange visitors
that will be processed through SEVIS prior to being admitted to the
United States. DHS is required by section 641 of IIRIRA to collect a
fee to recover the cost of collecting student and exchange visitor
information electronically. After careful evaluation of the costs to
design, develop, and accurately maintain the statutorily mandated
information collection system, DHS is now imposing a fee of $100 for
nonimmigrant students and most intending exchange visitors, and $35 for
potential exchange visitors admitted as au pairs, camp counselors, or
participants in a summer work/travel program. The fees imposed under
this final rule will support personnel costs, ongoing system operation
and maintenance costs, training costs, and other costs related to the
program, as well as offset the resources necessary to ensure compliance
with the regulations.
Approximately 362,400 F-1 students and 312,400 J-1 exchange
visitors are expected to enter the United States in Fiscal Year 2004.
Based upon historical trends, it is further estimated that as many as
10% may subsequently violate the terms of their nonimmigrant status
each year. However, in an effort to compensate for the possible
inaccuracies of earlier systems and data on student and exchange
visitor noncompliance, the estimated number of violators has been
reduced to 5%.
[[Page 39824]]
Using this percentage, DHS estimates 33,720 foreign students and
exchange visitors might be subject to enforcement actions on an annual
basis, although no actual measure of the number of student and exchange
visitors who have violated their immigration status has ever been
conducted. While remaining within the initial $100 statutory
limitation, DHS has calculated the fee to cover the costs of systems
and program office operations and maintenance, training, and personnel,
including SEVIS liaison officers and ICE officers in the field. Based
upon estimates of the total F, M, and J visa population and estimates
of the total staff-hours that will be needed to ensure compliance with
SEVIS requirements, DHS has estimated that the fee will fund
approximately 60% of the personnel resources needed for compliance
efforts.
Why Is the SEVIS Fee Necessary?
If DHS failed to assess a SEVIS fee, it would be in violation of
the law. Additionally, should DHS either not assess the fees under this
rule or assess the fees at a lesser amount, DHS would be unable to
continue to implement and operate SEVIS or, at a minimum, be forced to
sustain a more limited capability to ensure compliance by foreign
students and exchange visitors with the requirements of SEVIS. This
would be contrary to the intent of Congress in giving ICE
responsibility over SEVIS. If the fees are not imposed or are imposed
at a lesser amount, the public could incur the intangible impact of
reduced security, as a result of a more limited ability to ensure
compliance. The imposition of this fee shifts the burden of funding
program operating and compliance efforts to the population whose data
is actually entered and tracked in SEVIS. If the fees are not imposed,
or are imposed at a lesser amount, the general public would become
responsible for bearing the shortage in the funding of program
implementation and conformity. This would be contrary to the explicit
directive of Congress, as set out in section 641 of IIRIRA, and
subsequent amendments.
What Are the Benefits of Establishing the SEVIS Fee?
SEVIS is a vital tool in protecting the public by: (1) Enhancing
the process by which nonimmigrants seeking to be foreign students and
exchange visitors gain admission to the United States; and (2)
increasing the ability of DHS to track and monitor foreign students and
exchange visitors to ensure that they arrive in the United States, show
up and register at the school or be validated as participating in their
exchange visitor program activity, and properly maintain their status
during their stay in this country. SEVIS enables a proper balance
between openness in admitting foreign students and exchange visitors
into the United States and preserving the security enhanced by
enforcing the law.
What Are the Costs of Establishing the SEVIS Fee?
The projected time per response for this collection of information
were derived by first breaking the process into three basic components:
Learning about the Law and the Form--5 Minutes
Completion of the Form--9 Minutes
Assembling and Filing the Form--5 Minutes
Total Time per Response--19 Minutes
For all components, DHS used tests to determine completion times.
People who were not conversant with immigration processes were used to
determine average completion times. The Total annual reporting burden
hours is 192,000. This figure was derived by multiplying the number of
respondents (600,000) x frequency of response (1) x 19 minutes or (.32
hours) per response. The estimated annual public cost is $61,920,000.
This figure is based on the number of respondents 600,000 multiplied by
19 minutes (.32), multiplied by $10 (average hourly rate); plus the
number of respondents (600,000) x fee of $100.
Conclusion
Balanced against the costs and requirements to collect information
electronically, the burden imposed by this regulation is fully
justified by the benefits it provides.
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
This final rule requires the use of the Form I-901, Fee Remittance
Form for Certain F, J, and M Nonimmigrants. This form is considered an
information collection document and subject to review and clearance
under Paperwork Reduction Act procedures. On October 17, 2003, at 68 FR
59800, DHS published a notice in the Federal Register, soliciting
public comments on the Form I-901 for a period of 60 days. The comments
that were filed by the public and OMB have been addressed and
reconciled in the preamble of this final rule. DHS has received OMB
approval for proposed information collection, Form I-901, Fee
Remittance for Certain F, J, and M Nonimmigrants (OMB No. 1653-0034)
that is contained in this final rule. The costs and benefits of Form I-
901 have been fully set out in the supporting statement for the Form I-
901 that will be published separately in the Federal Register.
List of Subjects
8 CFR Part 103
Administrative practice and procedure, Authority delegations
(government agencies), Freedom of information, Privacy, Reporting and
recordkeeping requirements.
8 CFR Part 214
Administrative practice and procedure, Aliens, Employment,
Reporting and recordkeeping requirements, Students.
8 CFR Part 299
Immigration, Reporting and record-keeping requirements.
0
Accordingly, chapter I of title 8 of the Code of Federal Regulations is
amended as follows:
PART 103--POWERS AND DUTIES; AVAILABILITY OF RECORDS
0
1. The authority citation for part 103 continues to read as follows:
Authority: 5 U.S.C. 301, 552, 552a; 8 U.S.C. 1101, 1103, 1304,
1356; 31 U.S.C. 9701; Pub. L. 107-296 116, Stat. 2135 (6 U.S.C. 1
et. seq.); E.O. 12356, 47 FR 14874, 15557; 3 CFR, 1982 Comp., p.
166; 8 CFR part 2.
0
2. Section 103.7(b)(1) is amended by adding the entry for Form I-901 to
the listing of fees, in proper alpha/numeric sequence, to read as
follows:
Sec. 103.7 Fees.
* * * * *
(b) * * *
(1) * * *
* * * * *
Form I-901. For remittance of the SEVIS fee levied on certain F, J,
and M
[[Page 39825]]
nonimmigrant aliens--$100. For remittance of the SEVIS fee levied for
J-1 au pairs, camp counselors, and participants in a summer work/travel
program--$35.
* * * * *
PART 214--NONIMMIGRANT CLASSES
0
3. The authority citation for part 214 is revised to read as follows:
Authority: 8 U.S.C. 1101, 1102, 1103, 1182, 1184, 1185 (pursuant
to E.O. 13323, 69 FR 241), 1186a, 1187, 1221, 1281, 1282, 1301-1305,
1372, 1379, 1731-32; section 643, Pub. L. 104-208, 110 Stat. 3009-
708; 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.
0
4. Section 214.2 is amended by:
0
a. Adding a new paragraph (f)(19);
0
b. Adding a new paragraph (j)(5); and by
0
c. Adding a new paragraph (m)(20).
The additions read as follows:
Sec. 214.2 Special requirements for admission, extension, and
maintenance of status.
* * * * *
(f) * * *
(19) Remittance of the fee. An alien who applies for F-1 or F-3
nonimmigrant status in order to enroll in a program of study at a
Department of Homeland Security (DHS)-approved educational institution
is required to pay the Student and Exchange Visitor Information System
(SEVIS) fee to DHS, pursuant to 8 CFR 214.13, except as otherwise
provided in that section.
* * * * *
(j) * * *
(5) Remittance of the fee. An alien who applies for J-1
nonimmigrant status in order to commence participation in a Department
of State-designated exchange visitor program is required to pay the
SEVIS fee to DHS, pursuant to 8 CFR 214.13, except as otherwise
provided in that section.
* * * * *
(m) * * *
(20) Remittance of the fee. An alien who applies for M-1 or M-3
nonimmigrant status in order to enroll in a program of study at a DHS-
approved vocational educational institution is required to pay the
SEVIS fee to DHS, pursuant to 8 CFR 214.13, except as otherwise
provided in that section.
* * * * *
0
5. Section 214.13 is added to read as follows:
Sec. 214.13 SEVIS fee for certain F, J, and M nonimmigrants.
(a) Applicability. Except as otherwise provided for in this
section, the following aliens are required to submit a payment of $100
to the Department of Homeland Security (DHS) in advance of obtaining
nonimmigrant status as a student or exchange visitor, in addition to
any other applicable fees:
(1) An alien who applies for F-1 or F-3 nonimmigrant status in
order to enroll in a program of study at a DHS-approved institution of
higher education, as defined in section 101(a) of the Higher Education
Act of 1965, as amended, or in a program of study at any other DHS-
approved academic or language-training institution including private
elementary and secondary schools and public secondary schools;
(2) An alien who applies for J-1 nonimmigrant status in order to
commence participation in an exchange visitor program designated by the
Department of State (DOS), with a reduced fee for certain exchange
visitor categories as provided in paragraphs (b)(1) and (c) of this
section; and
(3) An alien who applies for M-1 or M-3 nonimmigrant status in
order to enroll in a program of study at a DHS-approved vocational
educational institution, including a flight school.
(b) Aliens not subject to a fee. No SEVIS fee is required with
respect to:
(1) A J-1 exchange visitor who is coming to the United States as a
participant in an exchange visitor program sponsored by the Federal
government, identified by a program identifier designation prefix of G-
1, G-2, or G-3;
(2) Dependents of F, M, or J nonimmigrants. The principal alien
must pay the fee, when required under this section, in order for his/
her qualifying dependents to obtain F-2, J-2, or M-2 status. However,
an F-2, J-2, or M-2 dependent is not required to pay a separate fee
under this section in order to obtain that status or during the time
he/she remains in that status.
(3) A nonimmigrant described in paragraph (a) of this section whose
Form I-20 or Form DS-2019 for initial attendance was issued on or
before May 31, 2004.
(c) Special Fee for Certain J-1 Nonimmigrants. A J-1 exchange
visitor coming to the United States as an au pair, camp counselor, or
participant in a summer work/travel program is subject to a fee of $35.
(d) Time for payment of SEVIS fee. An alien who is subject to
payment of the SEVIS fee must remit the fee directly to DHS as follows:
(1) An alien seeking an F-1, F-3, J-1, M-1, or M-3 visa from a
consular officer abroad for initial attendance at a DHS-approved school
or to commence participation in a Department of State-designated
exchange visitor program, must pay the fee to DHS before issuance of
the visa.
(2) An alien who is exempt from the visa requirement described in
section 212(d)(4) of the Act must pay the fee to DHS before the alien
applies for admission at a U.S. port-of-entry to begin initial
attendance at a DHS-approved school or initial participation in a
Department of State-designated exchange visitor program.
(3) A nonimmigrant alien in the United States seeking a change of
status to F-1, F-3, J-1, M-1, or M-3 must pay the fee to DHS before the
alien is granted the change of nonimmigrant status, except as provided
in paragraph (e)(4) of this section.
(4) A J-1 nonimmigrant who is applying for a change of program
category within the United Status, in accordance with 22 CFR 62.42,
must pay the fee associated with that new category, if any, prior to
being granted such a change.
(5) A J-1 nonimmigrant initially granted J-1 status to participate
in a program sponsored by the Federal government, as defined in
paragraph (b)(1) of this section, and transferring in accordance with
22 CFR 62.42 to a program that is not similarly sponsored, must pay the
fee associated with the new program prior to completing the transfer.
(6) A J-1 nonimmigrant who is applying for reinstatement after a
substantive violation of status, or who has been out of program status
for longer than 120 days but less than 270 days during the course of
his/her program must pay a new fee to DHS, if applicable, prior to
being granted a reinstatement to valid J-1 status.
(7) An F or M student who is applying for reinstatement of student
status because of a violation of status, and who has been out of status
for a period of time that exceeds the presumptive ineligibility
deadline set forth in 8 CFR 214.2(f)(16)(i)(A) or (m)(16)(i)(A), must
pay a new fee to DHS prior to being granted a return to valid status.
(8) An F-1, F-3, M-1, or M-3 nonimmigrant who has been absent from
the United States for a period that exceeds 5 months in duration, and
wishes to reenter the United States to engage in further study in the
same course of study, with the exception of students who have been
working toward completion of a U.S. course of study in authorized
overseas study, must pay a
[[Page 39826]]
new fee to DHS prior to being granted student status.
(e) Circumstances where no new fee is required. (1) Extension of
stay, transfer, or optional practical training for students. An F-1, F-
3, M-1, or M-3 nonimmigrant is not required to pay a new fee in
connection with:
(i) An application for an extension of stay, as provided in 8 CFR
214.2(f)(7) or (m)(10);
(ii) An application for transfer, as provided in 8 CFR 214.2(f)(8)
or (m)(11);
(iii) A change in educational level, as provided in 8 CFR
214.2(f)(5)(ii); or
(iv) An application for post-completion practical training, as
provided in 8 CFR 214.2(f)(10)(ii) or (m)(14).
(2) Extension of program or transfer for exchange visitors. A J-1
nonimmigrant is not required to pay a new fee in connection with:
(i) An application for an extension of program, as provided in 22
CFR 62.43; or
(ii) An application for transfer of program, as provided in 22 CFR
62.42.
(3) Visa issuance for a continuation of study. An F-1, F-3, J-1, M-
1, or M-3 nonimmigrant who has previously paid the fee is not required
to pay a new fee in order to be granted a visa to return to the United
States as a continuing student or exchange visitor in a single course
of study, so long as the nonimmigrant is not otherwise required to pay
a new fee in accordance with the other provisions in this section.
(4) Certain changes in student classification.
(i) No fee is required for changes between the F-1 and F-3
classifications, and no fee is required for changes between the M-1 and
M-3 classifications.
(ii) Institutional reclassification. DHS retains the discretionary
authority to waive the additional fee requirement when a nonimmigrant
changes classification between F and M, if the change of status is due
solely to institutional reclassification by the Student and Exchange
Visitor Program during that nonimmigrant's course of study.
(5) Re-application following denial of application by consular
officer. An alien who fully paid a SEVIS fee in connection with an
initial application for an F-1, F-3, M-1, or M-3 visa, or a J-1 visa in
a particular program category, whose initial application was denied,
and who is reapplying for the same status, or the same J-1 exchange
visitor category, within 12 months following the initial notice of
denial is not required to repay the SEVIS fee.
(6) Re-application following denial of an application for a change
of status. A nonimmigrant who fully paid a SEVIS fee in connection with
an initial application for a change of status within in the United
States to F-1, F-3, M-1, or M-3 classification, or for a change of
status to a particular J-1 exchange visitor category, whose initial
application was denied, and who is granted a motion to reopen the
denied case is not required to repay the SEVIS fee if the motion to
reopen is granted within 12 months of receipt of initial notice of
denial.
(f) [Reserved]
(g) Procedures for payment of the SEVIS fee. (1) Options for
payment. An alien subject to payment of a fee under this section may
pay the fee by any procedure approved by DHS, including:
(i) Submission of Form I-901, to DHS by mail, along with the proper
fee paid by check, money order, or foreign draft drawn on a financial
institution in the United States and payable in United States currency,
as provided by 8 CFR 103.7(a)(1);
(ii) Electronic submission of Form I-901 to DHS using a credit card
or other electronic means of payment accepted by DHS; or,
(iii) A designated payment service and receipt mechanism approved
and set forth in future guidance by DHS.
(2) Receipts. DHS will provide a receipt for each fee payment under
paragraph (g)(1) of this section until such time as DHS issues a notice
in the Federal Register that paper receipts will no longer be
necessary. Further receipt provisions include:
(i) DHS will provide for an expedited delivery of the receipt, upon
request and receipt of an additional fee;
(ii) If payment was made electronically, both DHS and the
Department of State will accept a properly completed receipt that is
printed-out electronically, in lieu of the receipt generated by DHS;
(iii) If payment was made through an approved payment service, DHS
and the Department of State will accept a properly completed receipt
issued by the payment service, in lieu of the receipt generated by DHS.
(3) Electronic record of fee payment. DHS will maintain an
electronic record of payment for the alien as verification of receipt
of the required fee under this section. If DHS records indicate that
the fee has been paid, an alien who has lost or did not receive a
receipt for a fee payment under this section will not be denied an
immigration benefit, including visa issuance or admission to the United
States, solely because of a failure to present a paper receipt of fee
payment.
(4) Third-party payments. DHS will accept payment of the required
fee for an alien from an approved school or a designated exchange
visitor program sponsor, or from another source, in accordance with
procedures approved by DHS.
(h) Failure to pay the fee. The failure to pay the required fee is
grounds for denial of F, M, or J nonimmigrant status or status-related
benefits. Payment of the fee does not preserve the lawful status of any
F, J, or M nonimmigrant that has violated his or her status in some
other manner.
(1) For purposes of reinstatement to F or M status, failure to pay
the required fee will be considered a ``willful violation'' under 8 CFR
214.2(f)(16) or (m)(16), unless DHS determines that there are
sufficient extenuating circumstances (as determined at the discretion
of the Student and Exchange Visitor Program).
(2) For purposes of reinstatement to valid J program status,
failure to pay the required fee will not be considered a ``minor or
technical infraction'' under 22 CFR 62.45.
PART 299--IMMIGRATION FORMS
0
6. The authority citation for part 299 continues to read as follows:
Authority: 8 U.S.C. 1101, 1103; 8 CFR part 2.
0
7. Section 299.1 is amended in the table by adding, in proper alpha/
numeric sequence, the entry for ``Form I-901'' to read as follows:
Sec. 299.1 Prescribed forms.
* * * * *
----------------------------------------------------------------------------------------------------------------
Form No. Edition date Title
----------------------------------------------------------------------------------------------------------------
* * * * * * *
I-901 02-09-04 Fee Remittance for Certain F, J, and M
Nonimmigrants.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
[[Page 39827]]
0
8. Section 299.5 is amended by:
0
a. Revising the term ``INS form No.'' to read ``Form No.'' in the table
heading;
0
b. Revising the term ``INS form title'' to read ``Title'' in the table
heading; and by
0
c. Adding the entry for Form ``I-901'' to the table, in proper alpha/
numeric sequence.
The addition reads as follows:
Sec. 299.5 Display of control numbers.
* * * * *
----------------------------------------------------------------------------------------------------------------
Currently
Form No. Title assigned OMB
control No.
----------------------------------------------------------------------------------------------------------------
* * * * * * *
I-901 Fee Remittance For Certain F, J, and M 1653-0034
Nonimmigrants..
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Dated: June 25, 2004.
Tom Ridge,
Secretary of Homeland Security.
[FR Doc. 04-14961 Filed 6-30-04; 8:45 am]
BILLING CODE 4410-10-P