SEVP Basics: Part One

Agency Policies and Requirements

Policies and requirements and guidelines for how executive or agencies conduct their business. These are specific to each department or agency and not applicable across the government.

There are three type of guidance in the development of agency policy.

1. Draft: Draft guidance is SEVP policy in development. It is not used by SEVP adjudicators and is open for public comment for the designated period given in the guidance. 2. Interim Final: Interim Final guidance is official SEVP policy. SEVP adjudicators follow this guidance but it is still open for public comment for the designated period given in the guidance. 3. Final: Final guidance is official SEVP policy used in SEVP adjudications. It is finalized and no longer open to public comment.

The Differences b/w the Role of the PDSO and DSO

A PDSO is a DSO with added responsibilities. Both are dedicated to assisting F-1 and M-1 nonimmigrant students by maintaining their records in SEVIS. A PDSO performs administrative tasks for SEVP that DSO's do not, including managing the school's SEVP recertification. For more information on the differences b/w PDSO and DSO roles, review, review Know the Difference b/w a PDSO and DSO on Study in the States. (https://studyinthestates.dhs.gov/2015/03/know-difference-between-pdso-and-dso) Also review the PDSO and DSO Role Comparison for a side-by-side comparison of the functions each role performs. (https://studyinthestates.dhs.gov/sevis-help-hub/school-records/pdso-and-dso-role-comparison)

Statues (Laws)

A statute is a written law passed by Congress. A statute begins as a bill that is proposed by a legislator in either the Senate or the House of Representatives. A bill becomes a statute after it is approved by a majority in both houses of Congress and then signed by the President.

CBP

CBP, another agency within DHS, controls the flow of goods and people into the United States. CBP's job is to prevent terrorists and improperly documented travelers and goods from entering the United States. At the same time, it allows the entry of legitimate travelers and trade into the United States. CBP's work focuses on the borders of the United States. This includes airports, land borders, and seaports.

Requirements for Different School Types

Eligible academic and vocational schools must meet certain basic requirements to petition for SEVP certification. For more information on SEVP certification requirements by school types, review the F/M School Comparison Chart PDF document. (https://sevp.ice.gov/seta/pluginfile.php/180/mod_tincanlaunch/content/story_content/external_files/F%20M%20School%20Comparison.pdf) Review Study in the States Kindergarten to Grade 12 Schools page for information on requirements for private K-12 schools. (https://studyinthestates.dhs.gov/kindergarten-to-grade-12-schools) Review Study in the States Grade 9 to 12 Public Schools page for information on requirements for public high schools. (https://studyinthestates.dhs.gov/grade-9-to-grade-12-public-schools)

Regulations

Executive agencies carry out laws by developing and enforcing regulations. Executive branches do this through a public rule-making process. Finalized regulations are authorized by statute. They have the effect of law.

Studying in the U.S.

F-1 & M-1 nonimmigrant students must attends SEVP-certifies schools. Most nonimmigrants in other classes of admission can attend school as long as it is not their primary reason for being in the U.S. They must follow the rules of their current class of admission. They cannot extend their stay in the U.S. for the purposes of completing a program of study or a degree. The linked chart shows whether or not a class of admission allow study in the U.S., see the ice.gov PDF file. Nonimmigrants: Who Can Study? (https://studyinthestates.dhs.gov/sites/default/files/SEVP_F%20vs%20M%20Infographic_Oct2015.pdf)

Finding SEVP Guidance

For additional information on SEVP guidance, review the SEVP Guidance for Comment page. This site lists current draft guidance under development and guidance that is open for comment. (https://studyinthestates.dhs.gov/sevp-guidance-for-comment) Find Guidance can be found under the Policy menu on the Schools and Programs page (https://www.ice.gov/sevis/schools).

What are the requirements to be a PDSO or DSO?

Individuals must meet certain requirements to be either a PDSO or DSO. For more information on the requirements to be a PDSO or DSO, review the How to Become a DSO section on the Designated School Official page on Study in the States. (https://studyinthestates.dhs.gov/schools/get-started/designated-school-official)

F-1 and M-1 Nonimmigrant Students: Legislation

It is important to be familiar with the laws that are related to F-1 and M-1 nonimmigrant students.

The Role of a PDSO and a DSO

PDSO's/DSO's are the designated school officials who manage a school's F-1 and/or M-1 nonimmigrant students and their SEVIS records. To learn more about DSO's, review the Student in the States web page: (https://studyinthestates.dhs.gov/schools/get-started/designated-school-official)

SEVP and DHS

SEVP is a program under ICE, which is a component of DHS. This chart shows where SEVP fits into DHS organizational chart.

What is SEVP?

SEVP supports HSI missions and directorate within ICE by monitoring F-1 and M-1 nonimmigrant students and their dependents while they are in the U.S. The program also certifies schools to allow them to enroll F-1 or M-1 nonimmigrant students. For more information on SEVP and its purpose, review Who is SEVP on Study in the States. (https://studyinthestates.dhs.gov/2015/01/who-sevp)

SEVP's Government Partners

SEVP works with its government partners involved in the international student process, including U.S. Citizenship and Immigration Services (USCIS), U.S. and Border Protection (CBP) and the U.S. Department of State.

SEVIS

SEVP, SEVP-certified schools, Department of State, and DHS use the web-based SEVIS system to maintain information on SEVP-certified schools, exchange visitor programs, and F-1 and M-1 nonimmigrant students and exchange visitors. For more information on SEVIS and its purpose, visit the following websites: Study in the States: About the SEVIS Help Hub: (https://studyinthestates.dhs.gov/site/about-sevis) ICE Student and Exchange Visitor Program Page Overview Tab: (https://www.ice.gov/sevis) ICE Student and Exchange Visitor Program Page SEVIS Overview: (https://www.ice.gov/sevis/overview)

Institutional/School Policy

SEVP-certified schools can set their own student policies. However, these policies must: Not conflict with existing federal regulations or SEVP policy guidance. Be clearly documented. Be applied consistently across the board for all F-1 and M-1 nonimmigrant students.

Principal Designated School Officials and Designated School Officials

SEVP-certified schools must identify and nominate specific school officials to manage F-1 and M-1 nonimmigrant students and their records. Federal regulations specify certain duties for the officials, PDSO's and DSO's.

Electronic Code of federal Regulations (8 CFR 214.2 (f) & (m)

Section (f) and (m) of 8 CFR 214.2 related to F-1 and M-1 nonimmigrant students and their dependents. Full text of sections of the regulation: (https://www.ecfr.gov/cgi-bin/text-idx?SID=e95b4dceb94c6d0417be5f325b715f3c&mc=true&node=se8.1.214_12&rgn=div8)

USA Patriot Act of 2001 Section 416

Section 416 established SEVP and provided the basis for SEVP's authority to act. Additionally, it expanded IIRIRA to include "other approved education institutions" who could be certified to host foreign students. -An Expert on the Act: (https://sevp.ice.gov/seta/pluginfile.php/180/mod_tincanlaunch/content/story_content/external_files/AOL2_Patriot_Sect416.pdf) -Full text of Act: (https://www.govinfo.gov/content/pkg/BILLS-107hr3162enr/pdf/BILLS-107hr3162enr.pdf)

Schools Eligible for SEVP Certification

Several types of academic and vocational schools are eligible to petition for SEVP certification. See a list of eligible school types in the Eligibility section of the Getting Started with SEVP Certification page on Study in the States. (https://studyinthestates.dhs.gov/schools/apply/getting-started-with-sevp-certification)

Creating a Regulation

Step 1: An agency drafts a regulation or rule that outlines how they will enforce a statute. The draft is reviewed within the agency and the executive department. In some cases, the Office of Management and Budget also reviews the rule. Step 2: The agency publishes a notice in the FR that a rule is being proposed. The public has an opportunity to make comments on the proposed rule. Step 3 : When the comment period ends, the agency considers the feedback, responds to comments, make changes as necessary and publishes a final rule in the FR with a date the rule becomes effective.

Department of State

The Department of State issues visas through U.S. consulates and embassies, which all offer student-specific information on their websites. The Department of State can help students with many of the steps of the process of gaining admissions to the United States to study. Through Department of State websites and information services, prospective students can learn about finding the right school or exchange visitor program, applying for admission to a school or acceptance to an exchange visitor program, and applying for a student or exchange visitor visa. The Department of State is not part of DHS.

F-1/M-1 Nonimmigrant Student Life Cycle

The basic steps of the nonimmigrant student life cycle will differ, depending on many factors. These factors include what is being studied and the level of study. For more information on the various stages of the nonimmigrant student life cycle, review the following documents: International Student Life Cycle (F-1/M-1): (https://studyinthestates.dhs.gov/sites/default/files/SEVP_International%20Student%20Life%20cycle_Oct%202015.pdf) Public Grades 9-12 Student Life Cycle (F-1): (https://studyinthestates.dhs.gov/assets/sevp_publick12_studentlifecycle_infographic_v3.pdf) Private K-12 Student Life Cycle (F-1): (https://studyinthestates.dhs.gov/assets/sevp_k12studentlifecycleInfographic_v4.pdf)

Difference b/w F-1 & M1 Nonimmigrant Students

The primary reason F-1 & M-1 nonimmigrant students come to the United States is to be full-time students. They can only study at SEVP- certifies schools. F-1 nonimmigrant students are enrolled in academic and language programs. M-1 nonimmigrant students come to the U.S. to enroll in vocational, technical, or nonacademic programs, such as cosmetology or aviation schools. To learn more about the difference b/w F-1 & M-1 nonimmigrant students, review the Study in the States blog post: View the F&M Student Status: Know the Difference page to learn more about the differences b/w F-1 and M-1 nonimmigrant student statuses. (https://studyinthestates.dhs.gov/sites/default/files/SEVP_F%20vs%20M%20Infographic_Oct2015.pdf) For more information on M-1 nonimmigrant Student Status, review the Study in the States blog post: Who are M-1 students:

Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA)

This Act supplemented various aspects of border control. It also holds the F-1 and M-1 nonimmigrant student responsible for maintaining legal status while in the U.S. The sections that are of special interest of SEVP are: Section 346: Inadmissibility of Certain Student Visa Abusers Section 506: Study and Report on Alien Student Eligibility for Postsecondary Federal Student Financial Assistance Section 625: Foreign Students -An Expert on the Act: (https://sevp.ice.gov/seta/pluginfile.php/180/mod_tincanlaunch/content/story_content/external_files/AOL2_IIRAIRA_excerpted.pdf) -Full text of Act: (https://www.govinfo.gov/content/pkg/PLAW-104publ208/pdf/PLAW-104publ208.pdf)

H.R. 3525- Enhanced Border Security and Visa Entry Reform Act of 2002

This Act was a result of the terrorist attacks on 9/11/01. The two sections of this Act that are the most relevant for SEVP are: Section 501: Foreign Student Monitoring Program, which established the requirement to electronically monitor and verify nonimmigrant student activities. Section 502: Review of Institutions and other Entities Authorized to Enroll or Sponsor Certain Nonimmigrants, which established the review of institutions approved to receive foreign students and exchange visitors. -An Expert on the Act:(https://sevp.ice.gov/seta/pluginfile.php/180/mod_tincanlaunch/content/story_content/external_files/AOL2_Sect501Sect502.pdf) -Full text of Act: (https://www.govinfo.gov/content/pkg/PLAW-107publ173/pdf/PLAW-107publ173.pdf)

Immigration and Nationality Act

This act removed previous immigration policies based on quotas and established a new immigration policy. Full text of the INA on the U.S. Government Publishing Office (GPO) website. -Full text of Act: (https://www.govinfo.gov/content/pkg/USCODE-2016-title8/html/USCODE-2016-title8-chap12.htm)

USCIS

USCIS, a DHS agency, authorizes benefits for nonimmigrants, including students. Students who want to work, extend their stay, or change their nonimmigrant status, may need to apply for a benefit form USCIS.