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DHS/USICE RIN: 1653-AA37 Publication ID: Fall 2008 
Title: Implementation of the Border Commuter Student Act of 2002 
Abstract: This rule implements recent legislation creating new visa classifications applicable to part-time students who commute across the border. Previously, DHS created an option for F-1 and M-1 nonimmigrant students to enroll in a reduced course load if the nonimmigrant maintained residence in their home country of Mexico or Canada and commuted to schools within 75 miles of the border. These special F-1 and M-1 nonimmigrants were required to pursue a full course of study albeit at part-time enrollment. This rule has been drafted to effect congressional legislation that created new visa classifications, F-3 and M-3, for border commuter student nonimmigrants. The F-3 and M-3 visa categories replace the option of reduced course load for border commuter students within the F-1 and M-1 visa categories. When this rule is made effective, any student from Canada or Mexico wishing to enroll in a reduced course load for purposes of commuting must obtain an F-3 or an M-3 visa accordingly. The F-3 and M-3 visa holders will be tracked in the Student and Exchange Visitor Information System (SEVIS) administered by DHS and the Student and Exchange Visitor Program (SEVP), a component of U.S. Immigration and Customs Enforcement. 
Agency: Department of Homeland Security(DHS)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Completed Actions 
Major: No  Unfunded Mandates: No 
CFR Citation: 8 CFR 214   
Legal Authority: 8 USC 1101    8 USC 1101 note    8 USC 1103    8 USC 1182    8 USC 1184    8 USC 1187    8 USC 1221    8 USC 1281    ...   
Legal Deadline:  None
Timetable:
Action Date FR Cite
Withdrawn  08/12/2008    
Additional Information: CIS No. 2290-03
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
Small Entities Affected: No  Federalism: No 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Agency Contact:
Louis Farrell
Director, Student and Exchange Visitor Program
Department of Homeland Security
U.S. Immigration and Customs Enforcement
Potomac Center North, 500 12th Street SW.,
Washington, DC 20024-6121
Phone:703 603-3400