Student (F and M) Visa Update (03/07)


R 052109Z MAR 07
FM SECSTATE WASHDC
TO ALL DIPLOMATIC AND CONSULAR POSTS COLLECTIVE
RUEHTRO/AMEMBASSY TRIPOLI 1927
BT
UNCLAS SECTION 01 OF 04 STATE 027456

E.O. 12958: N/A
TAGS: CVIS, CMGT, KFRD
SUBJECT: STUDENT (F AND M) VISA UPDATE
REF: (A) 05 STATE 232385 (B) 05 STATE 180015 AND 9 FAM
STATE 00027456 001.2 OF 004
41.61 (C) 04 STATE 274054 (D) 04 STATE 187635 (E)03
STATE 139997 (SOP 17)

FOR ALL VISA-ADJUDICATING OFFICERS FROM CA A/S HARTY

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SUMMARY

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1. SUMMARY: As the summer surge of student visa applications approaches, we want to review with posts the guidelines for expediting student and exchange visitor appointments and for communicating how to request an interview on websites and through outreach. Decisions cannot be based upon generalizations about type of program or school choice. Please re-read ref A, which describes when a student could lose F or M status after an absence of five months or more from school. Posts should always check the Student and Exchange Visitor Information System

(SEVIS) screen to verify a student's status; SEVIS, not the I-20, is the definitive record. Officers should also note that schools certified by the Student and Exchange Visitor Program (SEVP) do not have to be accredited. VO has posted a guide to reading the SEVIS screen on the CA

Intranet in the NIV Processing Handbook. Thank you for all of your hard work in making student and exchange visitor travel a priority; in FY 2006, we had a record number of student visa applications and issuances. END SUMMARY.

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WE HAVE TURNED THE CORNER

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2. FY 2006 was a banner year for student and exchange visitors; the total number of student and exchange visas (F, J, and M categories) issued by the Department of State reached an all-time high of 591,050. This is a 13.9 percent increase from FY 2005 and 5.5 percent higher than the previous peak in FY 2001.

3. In some of our busiest posts, the numbers are far greater. For example, in China, the number of student/exchange visas issued increased by 32.7 percent. In India, the largest source country for foreign students, student/exchange visa issuances increased by 30.4 percent. In Korea, issuances were up 17.5 percent, and in Middle Eastern posts, an amazing 56.1 percent.

4. We want to continue to see qualified students choose to study in the United States while keeping our borders secure. That depends upon all of you sustaining this effort.

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A REMINDER OR TWO (OR THREE)

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5. We need to continue to ensure that every qualified student has an opportunity to apply and receive an accurate adjudication of his/her case. In that vein, some reminders:

-- All posts should be expediting F, M, and J applications. CA set a wait time standard for these categories of visas at 15 days or less. We want every student applicant to receive an appointment before his/her program start date. We know much depends on the universities and program sponsors providing the student with the appropriate documentation, but please do your utmost to ensure each student has a chance to apply in time.

-- Be sure to provide information on your website and any other public information about special procedures for F, M, and J applicants to ensure they receive their expedited appointments. Update the CCD regularly with accurate student wait times.

-- The more outreach, the better. Early and regular meetings with university recruiters, exchange program coordinators, and your Educational Advising Center make for better-prepared applicants and a smoother summer travel season.

-- We recommend NIV officers re-read SOP 17 (ref E), which is a useful summary of FAM guidance on student visa adjudication, as well as ref B, which explains how to apply INA 214(b) and the residence abroad requirement to students.

-- In particular, SOP 17 points out that officers may not apply blanket rules-of-thumb, such as "we don't approve community college students" or "we don't approve ESL programs because English classes are available in the host country." One of the biggest benefits of our American educational system is the wide variety of programs and educational levels. Nevertheless, each student should be prepared to justify his/her school choice and ability to succeed in the program, and of course establish his/her intent to return abroad after the completion of the program.

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F and M VISA INVALIDATION AFTER FIVE MONTHS ABROAD

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6. Ref A informed posts that students admitted to the United States in F-1 or M-1 status may lose that status if they do not resume studies within five months of transferring schools or programs. Unless USCIS reinstates the student's status, the student's F-1 and M-1 visa would also be invalid for future travel.

7. In addition, Ref A stated that students who leave the United States for a break in studies of five months or more may lose their F-1 or M-1 status unless their activities overseas are related to their course of study (field research is a good example). When presented a previously-used, unexpired, F-1 or M-1 visa by a returning student who has been outside the United States and out of student status for more than five months, a CBP immigration inspector at a port of entry may find the

student inadmissible under INA 212(a)(7)(B)(i)(II) for not possessing a valid nonimmigrant visa. CBP may also cancel the visa after granting the student permission to withdraw the application for admission. We believe that it is prudent for students to apply for new visas at an embassy or consulate prior to traveling to the United States to return to their studies after an absence of more than five months that is not related to their course of study. CA will update 9 FAM 41.61 to reflect this guidance.

8. Bottom line: you should always check SEVIS to verify a student's status when they are applying to renew their visa. A listing of INITIAL or ACTIVE means the school considers them in status. Any additional questions at that point should be directed to the school, SEVP, and/or VO/F/P.

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SEVIS UPDATE

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9. CA is in the process of updating 9 FAM 41.61 to incorporate reftels' information on SEVIS, run by SEVP. In the meantime, some useful information on using the CCD SEVIS report follows.

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ALWAYS CHECK THE SEVIS SCREEN

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10. The SEVIS record is the definitive record of student status and visa eligibility. Posts should always check an applicant's SEVIS status before issuing an F, M, or J visa, for two reasons. First, posts are required to verify that the SEVIS fee has been paid (ref D). Second, while presentation of a valid I-20 (or DS-2019) generally indicates that a student is entitled to apply for a visa, the SEVIS record, not the paper form, is the definitive record. Posts should ensure that part of their intake or interview procedure includes a routine check of SEVIS for all applicants. Putting this procedure in place will set the stage for our next act: making the F, M, and J process fully electronic!

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SEVP DOES NOT REQUIRE ACCREDITATION

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11. SEVP takes its responsibility to review schools seriously. Every school is individually evaluated. Before SEVP required schools to be certified, over 70,000 schools issued I-20s. There are currently 8,841 schools authorized to issue I-20 forms, and 1,444 authorized J program sponsors.

12. Some posts have been checking to see whether a SEVP-approved school is accredited before processing a visa for an applicant. While SEVP would appreciate any indications that a school is noncompliant with the regulations, please note that there is no regulatory requirement that schools must be accredited, either nationally or regionally, to be approved to issue I-20s. SEVP certifies non-accredited schools, although they are subject to a higher level of scrutiny. If you or your FPM has questions about the bona fides of a school, please contact SEVP directly using the links on http://www.ice.gov/sevis/contact.htm.

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READING THE SEVIS SCREEN

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13. As more information is added to SEVIS, the SEVIS screen becomes more complicated. As a result, we have posted a link to a document called "Reading the SEVIS Screen" on the CA Intranet site, in the NIV Processing Handbook. This document should help consular officers interpret the different types of SEVIS status. VO/F/P and FPP, among others, will soon have access to the SEVIS application in its entirety, which will allow us to more effectively help posts resolve questions about a student's SEVIS status. Please also see Ref B for additional guidance.

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REMINDER ABOUT SEVI HITS

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14. Ref B noted that SEVI hits are based on a NAILS lookout generated by a "terminated" or "no show" status code in the SEVIS database, which indicates that an F, M, or J visitor may have violated status. You should remember that a SEVI hit is not ipso facto indicative of an ineligibility, and you should not refuse a visa solely based on a SEVI hit. A SEVI hit indicates that the student or exchange visitor's past stay in the United States should be reviewed for any indication that the applicant is ineligible for a visa or violated status in the United States.

15. Consular officers who cannot resolve questions surrounding a SEVI hit, or who believe that a SEVI hit should be purged from the namecheck database, should contact the ICE Compliance Enforcement Unit. The message should include biographical information, the individual's SEVIS number(s), and the lead reference number (beginning with "LT") included in the hit. CEU recommends that consular officers wait until the hit is resolved before proceeding with visa issuance. ICE will review the NAILS lookout that is the basis of the SEVIS hit, and remove it when appropriate. CEU's goal is to reply within 24-48 hours, but no later than five business days from e-mail receipt. A student or exchange visitor who travels before the NAILS lookout is removed may be required to go to secondary inspection when entering the United States with the new visa.

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CONFUSED? FIELD CODES CAN HELP

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16. The "Reading the SEVIS Screen" page also lists the SEVIS codes for education level (for Fs and Ms) and program number (for Js). Applicant records with both 'completed' and 'active' entries can be confusing; in many cases, the applicant has completed one program (for instance, an undergraduate degree) and begun another (a graduate degree). The only way to tell is by the educational/program codes at the bottom of the SEVIS screen. These lists should help clarify the case.

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COMING SOON TO A COMPUTER NEAR YOU...

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17. In addition, we are working to add three critical fields to the CCD SEVIS lookup: the program start and end dates, the "reason for termination," and "comments." The program start and end dates will allow conoffs to verify the information on the I-20, especially when a student's program has been delayed for some reason. If the student

has an I-20 or DS-2019 for which the start date has already passed, but the school/sponsor has updated the start date in SEVIS, conoffs may still issue the visa.

18. The "reason for termination" and "comments" screens should help posts sort out complicated SEVIS records. Schools and sponsors use these fields to record notes about a student's case, which will help explain many unusual situations. As mentioned above, we will notify posts when these fields have been enabled.

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STILL CONFUSED?

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19. Your VO/F/P liaison officer is always ready to assist (see the CA Intranet for Who's Who in the Visa Office if you are not sure who that is). Please also remember that SEVP can answer many of your SEVIS-specific questions. Additional contact information is posted at http://www.ice.gov/sevis/contact.htm.

20. Minimize considered.

RICE