[Federal Register Volume 80, Number 228 (Friday, November 27, 2015)]
[Notices]
[Pages 74120-74121]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-30127]


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DEPARTMENT OF HOMELAND SECURITY

United States Immigration and Customs Enforcement


Agency Information Collection Activities: Revision Notice; 
Student and Exchange Visitor Information System Forms I-20

ACTION: 30-Day notice of Information collection for review; Form No. I-
20; Certificate of Eligibility for Nonimmigrant (F-1) Student Status--
For Academic and Language Students, and the Form I-20, Certificate of 
Eligibility for Nonimmigrant (M-1) Student Status--For Vocational 
Students; OMB Control No. 1653-0038.

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    The Department of Homeland Security (DHS), U.S. Immigration and 
Customs Enforcement (ICE), is submitting the following information 
collection request for review and clearance in accordance with the 
Paperwork Reduction Act of 1995. The information collection is 
published in the Federal Register (FR) to obtain comments from the 
public and affected agencies.
    Written comments and suggestions regarding items contained in this 
notice should be directed to the Department of Homeland Security, Scott 
Elmore, Forms Management Office, U.S. Immigration and Customs 
Enforcement, 801 I Street NW., Mailstop 5800, Washington, DC 20536-
5800.
SUMMARY: This FR notice pertains to all schools certified to enroll F-1 
and/or M-1 nonimmigrant students. DHS's Student and Exchange Visitor 
Program (SEVP) performs and manages these certifications, as well as 
oversees the F-1 and M-1 students. SEVP uses the Form I-20, Certificate 
of Eligibility for Nonimmigrant (F-1) Student Status--For Academic and 
Language Students, and the Form I-20, Certificate of Eligibility for 
Nonimmigrant (M-1) Student Status--For Vocational Students, which are 
issued solely through the Student and Exchange Visitor Information 
System (SEVIS), as an instrument to facilitate the oversight process 
and to document student eligibility for nonimmigrant benefits. The 
Forms I-20 are being modified to reflect current DHS branding, remove 
obsolete information, and modernize the forms' layout to improve 
readability. The old Forms I-20 sunset on July 1, 2016; after that 
date, they will no longer be accepted at ports-of-entry, nor suffice 
for any other nonimmigrant benefit application by either F-1 and M-1 
students or their F-2 and M-2 accompanying dependents.
    Authority: The authority for DHS/SEVP to manage the program comes 
from the following sources:
     Sections 101(a)(15)(F)(i) and (M)(i), of the Immigration 
and Nationality Act of 1952 (INA), as amended (Pub. L. 82-414, 66 Stat. 
163, June 27, 1952), codified under Title 8 of the United States Code 
(U.S.C.) 1101(a)(15)(F) and (M), under which a foreign national may be 
admitted to the United States in nonimmigrant status as
    [cir] A student to attend an SEVP-certified academic school or 
language training program (F-1),
    [cir] A student to attend an SEVP-certified vocational or other 
recognized nonacademic institution (M-1), respectively, or
    [cir] An accompanying F-2 or M-2 dependent spouse or minor child, 
respectively.
     Section 641 of the Illegal Immigration Reform and 
Immigrant Responsibility Act of 1996, Public Law 104-208, Div. C, 110 
Stat. 3009-546, September 30, 1996, codified at 8 U.S.C. 1372, which 
authorized the following:
    [cir] Creation of a program to collect current and ongoing 
information provided by schools regarding F or M nonimmigrants during 
the courses of their stay in the United States.
    [cir] Use of electronic reporting technology where practicable.
    [cir] DHS certification of schools to participate in F-1 or M-1 
student enrollment.
     Section 416(b) of the Uniting and Strengthening America by 
Providing Appropriate Tools Required to Intercept and Obstruct 
Terrorism Act of 2001, Public Law 107-56, 115 Stat. 272, October 26, 
2001 (USA PATRIOT Act), as amended, which provides for the collection 
of alien date of entry and port of entry information of aliens whose 
information is collected under 8 U.S.C. 1372.
     Homeland Security Presidential Directive No. 2 (HSPD-2), 
Combating Terrorism Through Immigration Policies, which requires DHS to 
``conduct periodic reviews of all institutions certified to receive 
nonimmigrant students.'' ``These reviews shall include checks for 
compliance with record keeping and reporting requirements'' and 
authorize the termination of certification for institutions that fail 
to comply. 37 Weekly Comp. Pres. Docs. 1570, 1571-72 (Oct. 29, 2001).
     Section 502 of the Enhanced Border Security and Visa Entry 
Reform Act of 2002, Public Law 107-173, 116 Stat. 543, May 14, 2002, 
codified at 8 U.S.C. 1762, which directs DHS to review compliance with 
recordkeeping and reporting requirements under 8 U.S.C. 1372 and INA 
section 101(a)(15)(F) and (M), 8 U.S.C. 1101(a)(15)(F) and (M), of all 
schools approved to receive F or M nonimmigrants within two years of 
enactment, and every two years thereafter.
    Accordingly, as directed by DHS, SEVP certifies, reviews, 
recertifies and collects data from schools enrolling F-1 and M-1 
students. The specific data collection requirements for SEVP-certified 
schools associated with these laws are identified comprehensively in 
the Code of Federal Regulations (CFR) at 8 CFR 214.3.
    Under the combined mandates of the USA PATRIOT Act and HSPD-2, the 
U.S. Immigration and Naturalization Service (INS) received funding and 
accelerated the development of SEVIS. Soon after, the INS published 
rules in the FR implementing supporting modifications to 8 CFR 214, 
Nonimmigrant Classes. 67 FR 60107 (September 25, 2002); and 67 FR 
76256, (December 11, 2002).
    The Homeland Security Act of 2002, Public Law 107-296, 116 Stat. 
2135 (codified at 6 U.S.C. Chapter 1) created DHS, which came into 
effect on March 1, 2003. DHS encompasses and replaces the INS. 
Simultaneously, DHS established ICE, now the second largest criminal 
investigations agency in the

[[Page 74121]]

U.S. government. ICE subsequently created SEVP to administer SEVIS.

How does this notice affect SEVP-certified schools?

    SEVP-certified schools must replace old Forms I-20 with the new 
version, produced through SEVIS. All prospective and active F-1 and M-1 
students and their accompanying F-2 and M-2 dependents must be issued 
and use the new Forms I-20 no later than June 30, 2016. SEVP will not 
approve additional time for schools to comply.

How does this notice affect F-1 and M-1 students and their F-2 and M-2 
dependents?

    All prospective and active F-1 and M-1 students and their 
accompanying F-2 and M-2 dependents must be issued and use new Forms I-
20 no later than June 30, 2016. The old Forms I-20 will sunset on July 
1, 2016. At that time, bearers of the old Forms I-20 will be denied 
admission at ports-of-entry; old Forms I-20 will not be accepted as 
supporting documentation with applications for other nonimmigrant 
benefits.

How is SEVIS used to support F and M nonimmigrant admission into, and 
oversight while in, the United States?

    SEVIS is an internet-based reporting and tracking system that is 
accessible by U.S. government agencies involved in the admission and 
oversight of nonimmigrants in the United States, as well as by 
authorized officials at SEVP-certified schools and Department of State 
(DOS)-designated exchange visitor programs. Data and information on F 
and/or M nonimmigrants are maintained in SEVIS, collected during the 
admission process and throughout the length of their stay in the United 
States. Foreign students who wish to study in the United States must 
first apply to an SEVP-certified school. When a foreign student accepts 
an offer to study, a designated school official at the applicable 
school will access SEVIS to enter the relevant student and accompanying 
dependent information electronically prior to issuing a Form I-20 to 
each individual that will be applying for admission into the United 
States. Authorized consular officials use SEVIS data through an 
interface to the DOS Consolidated Consular Database to support the visa 
issuance process, and to report associated F and/or M visa issuances to 
DHS. U.S. Customs and Border Protection officials access SEVIS 
information at ports-of-entry to verify or clarify a prospective F or M 
nonimmigrant's entry eligibility.

    Dated: November 18, 2015.
Scott Elmore,
Program Manager, Forms Management Office, Office of the Chief 
Information Officer, U.S. Immigration and Customs Enforcement, 
Department of Homeland Security.
[FR Doc. 2015-30127 Filed 11-25-15; 8:45 am]
 BILLING CODE 9111-28-P