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The rule would improve the capability of the Student and Exchange Visitor Program (SEVP) to oversee access to the Student and Exchange Visitor Information System (SEVIS) for designated school officials (DSOs) at schools certified to enroll F and M nonimmigrant students and for responsible officers (ROs) and alternate responsible officers (AROs) that oversee designated sponsors' J nonimmigrant participants in exchange programs. Establishment of an eligibility check process for certain officials would improve oversight prior to permitting access to SEVIS and prior to appointment or continued eligibility as such an official. This rule would better position DHS to identify, intervene and prevent possible criminal activities or threats to national security that could result from non-compliance.

Statement of Need:

The rule would strengthen the mechanism for approving user access to SEVIS. DHS, as well as the Department of State (DOS), rely on principal designated school officials, designated school officials, responsible officers, and alternate responsible officers (collectively, P/DSOs  P/DSOs and ROs/AROs) as key links in the process to mitigate potential threats to national security and ensure compliance with immigration law from aliens admitted into the United States in F, J, or M nonimmigrant status. Through this rule, DHS would require that anyone nominated to serve as a P/DSO or RO/ARO receive a favorable SEVIS Access Approval Process (SAAP) assessment prior to their appointment and subsequent approval for access to SEVIS.

Summary of the Legal Basis:

• Sections 101(a)(15)(F), (J) and (M), of the Immigration and Nationality Act of 1952, as amended (INA) 8 U.S.C. 1101(a)(15)(F), (J) and (M), which establish the F-1, J-1, and M-1 classifications (and associated derivative classifications).

• Section 641 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, 8 U.S.C. 1372, which authorized the following:

  • Creation of a program to collect current and ongoing information provided by schools and EVP sponsors regarding F, J, or M nonimmigrants during their stays in the United States;

  • Use of electronic reporting technology where practicable; and

  • DHS certification of schools to participate in F-1 or M-1 student enrollment.

• Homeland Security Presidential Directive No. 2 (HSPD-2), Combating Terrorism Through Immigration Policies, which, following the USA PATRIOT Act, requires DHS to conduct periodic reviews of all institutions certified to receive nonimmigrant students and exchange visitor program students that include checks for compliance with record keeping and reporting requirements, and authorizes termination of certification for institutions that fail to comply. See 37 Weekly Comp. Pres. Docs. 1570, 1571-72 (October 29, 2001).

• Section 502 of the Enhanced Border Security and Visa Entry Reform Act of 2002,8 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), (J) and (M), 8 U.S.C. 1101(a)(15)(F), (J) and (M), of all schools approved to receive F, J or M nonimmigrants within two years of enactment and every two years thereafter.

Alternatives:

Anticipated Costs and Benefits:

DHS is in the process of determining the costs and benefits which would be incurred by regulated individuals with access to SEVIS, as well as the costs and benefits to DHS and DOS, to comply with the requirements of this rule. The rule would impose new vetting requirements for individuals prior to permitting access to SEVIS or continued eligibility for such access, which include an application process for the individuals and an approval process for DHS and DOS. The primary benefit of this rule would be to reduce the potential for fraud.

Risks: