listserv Postings
AAIEP listserv posting February 19, 2005 “ACTION Introductory Remarks”
Dear colleagues,
On Thursday, February 17th, Senators Coleman (R, Minnesota) and Bingaman (D, New Mexico) introduced the ACTION Act of 2005. The bill was given the number S. 455, and was referred to the Foreign Relations Committee. This bill is an updated version of last year's ISSAA legislation. The statements by Senators Coleman and Bingaman upon introduction of ACTION follow:
Mr. COLEMAN. Mr. President, today I am introducing legislation to reverse the decline in the number of international students studying at American colleges, universities, and high schools. I am very pleased to be joined by my friend and colleague, Senator Bingaman, who cares deeply about these issues as I do.
Policies implemented to keep our country safe in the wake of September 11 have had the unintended consequence of dramatically reducing the number of international students studying in the United States. Total international applications to U.S. graduate schools fell 28 percent from fall 2003 to fall 2004, and 54 percent of all English as a Second Language (ESL) programs have reported declines in overall applications at a time where countries such as the U.K., Canada, and Australia are experiencing increases.
Why is this a concern for our country?
From a foreign policy perspective, America needs all the Ambassadors of goodwill we can get. In a world that too often hates Americans because they do not know us, international education represents an opportunity to break down barriers. It is in our local and national interest for the best and brightest foreign students to study in America because these are people who will lead their nations one day. The experience they gain with our democratic system and our values gives them a better understanding of what America is and who Americans are.
My caseworkers in Minnesota have dealt with literally hundreds of student visas cases. One case in particular stands out--that of Humphrey Tusimiirwe, a brilliant student from Uganda who was having difficulty getting his student visa for study at St. Thomas. Fortunately, after several calls to the U.S. Ambassador, Humphrey's story ultimately had a happy ending, and he is going to be part of our panel at the University of Minnesota. But too many other students are barred from coming to study in America, and far too many are choosing to not study in the U.S. and instead go elsewhere.
I have heard from Minnesota's colleges and universities. The presence of international students on campuses gives American students an irreplaceable opportunity to learn about other cultures and points of view. That's why this legislation has the endorsement of the University of Minnesota, the MnSCU student association, the Minneapolis Star Tribune and Rochester Post Bulletin, and others. International education is a $13 billion industry, and foreign students who pay full tuition help keep costs down for American students. In Minnesota alone, international students contribute some $175 million to our economy.
Finally, I think this is an economic competitiveness issue too. Attracting the world's top scientific scholars helps to keep our economy competitive. Too many of the world's best scientists are opting against studying in the U.S. because of the barriers we have imposed. We need the world's best and brightest to continue to do their research here, and to continue to use their talents to improve American innovation and ultimately create American jobs. Many of America's most innovative business leaders and top CEOs came to the U.S. as international students.
At the same time, laws are in place to make sure companies hire American workers first, and my legislation would not change that. That's why I will introduce legislation, the COMPETE Act, that will make sure American students have the math, science, and engineering skills needed to stay competitive.
While the State Department has made some very important strides, such as extending the validity of Visas Mantis security clearances and speeding up their processing time, there are still too many qualified students unable to get visas to study in America, and too many who today are deterred from even applying.
That's why I am pleased once again to join with my friend the Senator from New Mexico in introducing the American Competitiveness Through International Openness Now (ACTION) Act. Our bill calls for a number of steps that would help America regain our place as the top destination for international students, scholars, scientists and exchange visitors.
First, our bill calls for a strategic marketing plan similar to strategies implemented by the U.K., E.U., Canada and Australia to help America regain lost ground in attracting the world's best and brightest. There is a perception around the world that America is no longer a welcoming place, so we need to be deliberate and smart in our efforts to change that view.
The bill calls for more realistic standards for visa evaluations by updating a 50-year old criterion for visa approval and admittance to the United States. Under the so-called 214(b) rule, young people currently need to prove that they have ``essential ties'' to their home countries and no intention of emigrating to the U.S. But in this age of globalization, it is increasingly difficult for a 20-year old to do this. Many have lived and studied in other countries, and some have lost their parents to AIDS. They don't own a house or a business, they don't have spouses or children. Consular officers treat every student as an intending immigrant, and it is exceedingly difficult for a student to prove otherwise.
Our legislation calls for common-sense changes to management of the SEVIS system, which tracks international students and visitors. Under this legislation, the database would be run more effectively, and fees would be collected in a more fair manner.
The bill also sets standards for more timeliness and certainty in the student visa process, upgrading communication between government agencies dealing with student visas and enabling them to identify security risks and clear those who are not a threat more quickly.
I spent time in Minnesota last Friday listening to my constituents' views about this bill and the positive effect it would have on Minnesota colleges and universities. The response was overwhelming. These summits prompted me to add a section to the bill dealing specifically with students who have to return home for family emergencies, and a section to help intensive English programs compete with their counterparts in the U.K. and Australia.
We have often seen that prejudice is bred by isolation. Those who only look at this country through a keyhole can draw all kinds of outrageous conclusions. But exposure and interaction bring people together. Especially in a time when we are burdened with the question, ``Why do they hate us?'' we need to enhance those opportunities for people to see us as we really are. International exchanges present precisely this opportunity.
International education brings too much to our campuses, our communities, our economy and our national security to become another victim of the age of terrorism. If we can take ACTION to reverse the decline now, all Americans will reap the benefits for decades to come.
Mr. BINGAMAN. Mr. President, I rise today, along with Senator Coleman, to introduce the American Competitiveness Through International Openness Now (``ACTION'') Act of 2005.
A few days ago, I came to the Senate floor to discuss the importance of the United States taking steps to ensure that we remain the world leader in terms of scientific research and innovation. There is a global competition underway for dominance in science and technology, and I remain concerned that the federal resources we are allocating for research and development are completely insufficient. At a time when other countries are investing more in R & D, we are cutting back Federal support of key science programs. Our Nation's economic competitiveness depends on reversing this trend.
We must also do all we can to continue to develop a highly skilled domestic workforce. It is paramount that we improve math and science education in our school systems, and spend more on graduate education in science and engineering. Maintaining the world's best education system is essential for ensuring Americans well-paying jobs and critical for our economic and national security.
Another area that we must also address in order to ensure U.S. competitiveness in the world economy is visa processing for scientists, engineers, and students wishing to come to the United States. Red tape and delays, although improving, still plague our overseas embassies and threaten our long-term economic security.
The ACTION Act of 2005 would address this important issue.
A country's immigration system helps determines its relationship to the global marketplace. The system can either be conducive to the free flow of ideas, scientists, and international business ventures, or it can provide disincentives to the flow of international talent and scientific collaboration.
Since September 11, the United States has adopted a number of visa policies aimed at making the United States and the traveling public more secure. Unfortunately, those policies have also had a significant impact on scientific collaboration with other countries and have made it problematic for exchange students to come to the United States with the ease they once enjoyed. While the United States has an obligation to thoroughly vet visa applicants, we need to find ways to do so that keep us engaged with the rest of the world and keep our efforts focused on those that seek to do us harm. Our international economic competitors are taking proactive steps to encourage highly talented students and graduates to come to their countries and study in their universities. In contrast, the attitude that the United States seems to be projecting to highly talented foreign scientists and students is one of complacency. This not only damages our image abroad, but also hampers research in the nation's laboratories and universities.
Recent studies from the National Science Foundation and the Council of Graduate Schools, as well as State Department statistics, have documented a sharp decline in the foreign students seeking advanced scientific and technical degrees in graduate schools across the United States. The National Science Foundation has found that the combination of an overly restrictive U.S. policy towards issuing visas, the growing perception that the United States is hostile to foreigners, and the increase in opportunities overseas has significantly challenged our ability to attract the best and brightest from around the world to come to the U.S. to study and engage in open scientific exchange.
The 2003-2004 academic year marked the first absolute decline in foreign student enrollments since the early 1970's. And in the fall of 2004, international student applications to graduate schools dropped 28 percent from the same time in 2003.
In contrast, other countries have instituted aggressive strategies for attracting students, scholars, and scientists and have sought to encourage access to universities and promote scientific collaboration. One such example is Australia, which has increased international student enrollment 53 percent since 2001. The European Union has also set forth a comprehensive strategy to be the ``most competitive and dynamic knowledge-based economy in the world'' by 2010. A key part of this strategy is aimed at making the E.U. the most favorable destination for students, scholars, and researchers from around the world.
Our university system is the envy of the world, and where we have a long-standing record of producing the best trained and most innovative scientists and engineers, and we must not concede our leadership in this area.
It is also important to note that international students play an important economic role--the Institute of International Education recently determined that through tuition and living expenses, foreign students contribute roughly $13 billion to the U.S. economy.
In particular, the ACTION Act of 2005 would help keep international students and scientist coming to the United States to participate in essential research and exchange programs by: improving visa processing in a manner consistent with national security; requiring the President to develop a strategic plan to enhance the recruitment and access of students, scholars, and scientist coming to the United States; reforming the SEVIS system, which tracks students, to allow approved schools to make corrections to a student's record to correct database errors; and by facilitating that the FBI and the State Department develop interoperable data systems.
Openness to international students and scientist is an important aspect of maintaining American competitiveness in the world economy, and I ask my fellow colleagues to join me in supporting this essential bill.
Don Back
Vice President for Advocacy
American Association of Intensive English Programs (AAIEP)
District Director
ELS Language Centers/St. Petersburg
c/o Eckerd College
4200 54th Avenue South
St. Petersburg, FL 33711 USA
Tel: 727-864-7820
Fax: 727-867-5345
E-mail: dback@els.com
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AAIEP listserv posting February 19, 2005 “AAIEP Proposal Included in Coleman Legislation”
Dear colleagues,
I am pleased to announce definitive progress in our efforts to combat declines in the numbers of intensive English program students coming to the United States.
On Friday, February 11th, Senator Coleman (R, Minnesota) held a meeting at the University of Minnesota to discuss the AMERICAN COMPETITIVENESS THROUGH INTERNATIONAL OPENNESS NOW (ACTION) ACT OF 2005, his bill to reverse the decline in students at American colleges, universities, and high schools. IEPs present at this meeting expressed concern about continuing decreases in our enrollments and pitched to a Coleman staffer the notion that our short-term students should be permitted to enter the country as visitors. Last Wednesday, February 16th, following up on the Minnesota meeting and in conjunction with Alliance Advocacy Day, AAIEP board members Kristine Billmyer (President), Ann Frentzen (President-elect) and Don Back (VP Advocacy) met with a Coleman legislative aide to discuss a measure that would permit English study in visitor status without compromising security measures adopted by Congress since 9/11.
AAIEP's visit was timely in that ACTION was to be released imminently. Our proposal, in short, was to give consular posts the discretion, according to criteria developed at each post and approved by State's Bureau of Consular Affairs, to view as "recreational in nature" English language courses of a duration not more than the equivalent of one semester in length and not awarding certification, license or a degree. This language was adopted almost entirely in the Act, and appears as follows:
Sec. 8(c)(1)(C) give appropriate discretion, according to criteria developed at each post and approved by the Secretary of State, to view as recreational in nature courses of a duration no more than 1 semester or its equivalent, and not awarding certification, license or degree, for purposes of determining appropriateness to visitor status.
AAIEP would like to express sincere gratitude to Senator Coleman and his staff for their attention to the concerns of our membership, to NAFSA for supporting inclusion of this wording in the Coleman Act, to Dr. Kay Thomas of the University of Minnesota for her assistance in contacting Senator Coleman's office, and to our IEP colleagues in Minnesota for their perseverance in forwarding the issue.
AAIEP will be working closely with NAFSA in its efforts to seek co-sponsors for the legislation.
To view NAFSA's summary of the bill by section:
http://www.nafsa.org/content/PublicPolicy/NAFSAontheIssues/SectionbySectionACTIONnn.htm
To view the full text of the bill:
http://www.nafsa.org/content/PublicPolicy/NAFSAontheIssues/action.pdf
Don Back
Vice President for Advocacy
American Association of Intensive English Programs (AAIEP)
District Director
ELS Language Centers/St. Petersburg
c/o Eckerd College
4200 54th Avenue South
St. Petersburg, FL 33711 USA
Tel: 727-864-7820
Fax: 727-867-5345
E-mail: dback@els.com
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AAIEP listserv posting February 9, 2005 “DOS Issues Cable on Language Study”
Due to the significance of its contents, the following announcement, originally released just prior to the Christmas holiday, is being re-distributed to our membership. Please direct any questions to Don Back (dback@els.edu).
Message originally posted December 14, 2004:
Dear colleagues,
After the NAFSA conference in May of this year, AAIEP undertook a project to lobby DOS to clarify some of the information on issuing F-1 visas to IEP students in the cable "The Challenging Work of Student Visas" (see attached.) [Click here to download file, "Challenging Work of Student Visas.pdf"]
I am pleased to announce that a cable was issued to consular posts today, Monday, December 13th, on the specific topic of language study on F-1 visas. AAIEP gratefully acknowledges the assistance of NAFSA's advocacy team, particularly that of Vic Johnson, Associate Executive Director of Public Policy, for taking IEP concerns to State on our behalf (see NAFSA News Vol. 9, No. 47). Text of this cable follows and also appears as an attachment. [Click here to download file, "F-1 Visas for English Language Study.pdf"]
AAIEP encourages membership in NAFSA: Association of International Educators. NAFSA promotes the exchange of students and scholars to and from the United States. Information on this organization may be found at www.nafsa.org.
SUBJECT: ENGLISH LANGUAGE STUDY ON F-1 VISAS
1. M/R (SEP) cleared this telegram.
2. The Department would like to remind Posts of the important role English language study holds in international education in the United States. Students look to the United States for English study for several reasons: some look at it as an entree into further higher education in the United States, some are interested in improving their English for business and professional reasons. Others are interested in combining English language study with the experience of living in the United States for a brief period of time. All are important - and legitimate - reasons to come to study English in the United States. As an international language, knowledge of English is universally important in all countries, not just our own.
3. The Department encourages foreign students to consider language study in the United States. At the same time, we are aware that some aliens who are not bona fide students attempt to use the I-20 as a vehicle to attempt to obtain a visa. In addition to addressing immigrant intent concerns, consular officers should focus on the applicant's motivations for studying English in determining whether or not he or she is a bona fide language student. This motivation can be academic, professional or personal in nature. It is not necessary for the applicant to have future academic plans in order to study English in the United States.
4. International students have a wide variety of options from which to choose when contemplating English language study. Other English-speaking nations provide similar opportunities for language study, and English-language programs of some kind are available in almost every country. Prior English study in the applicant's home country or another country is not a prerequisite for beginning English study in the United States. As stated in 9 FAM 41.61 Note, 5.4, the fact that an ESL or other education program is available locally is not in itself grounds for refusing an applicant. The applicant may have a variety of reasons to choose language study in the United States over other closer or more cost-effective options. Many students find language learning enhanced by living in the country where the language is spoken. Consular officers should not refuse prospective students on this basis, nor suggest alternatives to applicants refused visas. If the consular officer believes that the applicant is not a bona fide language student, this in and of itself is sufficient basis for a refusal.
5. A wide range of educational institutions offer ESL courses in the United States. These include programs affiliated with colleges and other institutions, as well as proprietary schools. Institutions authorized to issue I-20 forms have been reviewed by the Department of Homeland Security to insure that these programs are legitimate. In addition, two major consortia of leading institutions offering English, the American Association of Intensive English Programs (AAIEP) and University and College Intensive English Programs (UCIEP), as well as a DOE-recognized accrediting agency, the Commission on English Language Program Accreditation (CEA), are able to answer questions about the bona-fides of institutions offering English language studies in the United States.
Don Back
Vice President for Advocacy (2004-05)
American Association of Intensive English Programs (AAIEP)
E-mail: dback@els.com
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AAIEP listserv posting February 8, 2005 “Post Visa Denials on www.nafsa.org/visadelay”
Dear colleagues,
A number of members have brought to our attention recently the continuing problems they are facing with visa denials. In order for us to convince Congress and the Departments of State and Homeland Security how serious this issue is, we have to be able to present compelling data. NAFSA has taken up the challenge to collect this data from colleges, universities, language schools and their other similar organizations. They have posted a quick and
easy Visa Delay/Denial Questionnaire on their website at:
www.nafsa.org/visadelay
We encourage AAIEP members who are also members of NAFSA to use this means to report their denials.
Please note that the primary purpose of this questionnaire is to gather information on non-Mantis delays, not to intervene in specific cases.
Don Back
Vice President for Advocacy (2004-05)
American Association of Intensive English Programs (AAIEP)
E-mail: dback@els.com
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AAIEP listserv posting February 8, 2005 “December 6th Flash Survey Results Now Available”
Dear colleagues,
Results of AAIEP's December 6th flash survey are compiled and will soon be distributed to respondents. Approximately 20% of the Association's membership completed and returned the survey. Results will be disseminated to organizations such as NAFSA and the Alliance to help further AAIEP's advocacy aims. 2004 enrollment results follow:
1) July and August, 2004 versus same period, prior year: Of 45 respondents to this question, 53% indicated their enrollment had declined, the average decline being 22%. 44% indicated that their enrollment had increased, the average increase being 37%. The remainder of respondents indicated that their enrollment had not changed. The net result, including all respondents, was an enrollment increase of 5% over the same period in the
prior year.
2) January through December, 2004 versus same period, prior year: Of 45 respondents, 69% indicated their enrollment had declined, the average decline being 12%. 31% indicated that their enrollment had increased, the average increase being 27%. The net result, including all respondents, was no change versus prior year.
For those who may have missed the announcement at the end of last year regarding Open Doors survey results, IIE has now posted 2003 enrollment data on their website (see opendoors.iienetwork.org). On top of a drop of 34% from 2001 to 2002, IEPs reported an additional decrease of 16% from 2002 to 2003. While the margin of decline from year to year was not so pronounced in 2003, the cumulative reduction in total students enrolled from 2001 to 2003 was a staggering 45%.
Don Back
Vice President for Advocacy (2004-05)
American Association of Intensive English Programs (AAIEP)
E-mail: dback@els.com
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AAIEP listserv posting December 3, 2004 “AAIEP Flash Survey due by December 17th”
Dear AAIEP members,
Following up on our year-end survey of members last year and in response to a number of requests for current data from our members, NAFSA, and other interested parties, we are collecting information on current enrollment trends, staffing, and program profitability. This information will be made available to organizations like NAFSA and the Alliance, news media, interested government agencies, and legislators for the purpose of furthering AAIEP's advocacy aims. We need broad participation to provide reliable information on the current state of our industry.
[Click here to download a Microsoft Word version of the survey.]
[Click here to download a PDF version of the survey.]
Please answer the questions and submit the survey to no later than Friday, December 17. The survey may be e-mailed to info@aaiep.org or faxed to the AAIEP office at 215-895-5854. Jon Leyland, Director of the AAIEP Central Office, will compile the information, preserving the confidentiality of individual programs. Multiple-site programs may respond as a whole, but should indicate where provided on the survey the number of schools that the data applies to.
Enrollment results will be published to the general membership probably by the end of the year or soon thereafter. The complete, compiled survey results will be disseminated TO RESPONDENTS ONLY after results have been tabulated.
Thank you in advance for your participation.
Don Back
Vice President for Advocacy
American Association of Intensive English Programs (AAIEP)
District Director
ELS Language Centers/St. Petersburg
c/o Eckerd College
4200 54th Avenue South
St. Petersburg, FL 33711 USA
Tel: 727-864-7820
Fax: 727-867-5345
E-mail: dback@els.com
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AAIEP listserv posting November 2, 2004 “SEVIS Fee and Other SEVIS News”
Dear colleagues,
Following are some announcements/news/developments that might interest you with regard to payment of the I-901 (SEVIS) fee and SEVIS in general. This e-mail will be posted on the AAIEP website for future reference.
1) Payment of the SEVIS fee via Western Union
You may have received a notice yesterday from SEVIS about a new I-901 payment option through Western Union. The announcement created some confusion yesterday as the instructions it referenced were not yet posted on the ICE website. They are today, and can be found at:
www.ice.gov/graphics/sevis/i901/index.htm
Note that The Western Union Quick Pay service is not available at all Western Union locations - a list of those offering it is available on the Western Union site. Also, directions on how to pay using this new option must be followed very carefully to ensure proper credit.
2) I-901 SEVIS Fee Payment Issues
Country names on the FMJfee site were updated on September 24th to match the list of country names in SEVIS. Users should be advised to enter the country name exactly as it appears on the I-20. A drop down list of country names has been suggested as an improvement to the site and is being considered.
Some fee site users are entering more than one address on the Fee site using line 1 as the first address and line 2 as the second address. Schools should advise users to enter only one address, that to which they want their receipt mailed. Also, "State" will no longer be selectable in the address section if the country entered is not the United States.
Some users are making payments for dependents. Only F-1 students need pay the fee.
3) FMJFee Site Update
On Sunday, October 24th, a new validation screen was added to the to the SEVIS fee website to make sure payment is being made against an existing I-20 record. The system will now do a real-time check of SEVIS ID number plus last name or SEVIS ID number plus DOB before permitting the user to proceed.
4) Data Fix Statistics and Processing Times
13,000 data fixes have been completed to date. 4,500 data fix requests are currently open. Data fixes are being handled on a triage basis. Requests are escalated for reasons including impending travel, need to apply for employment authorization, need to apply for social security number, etc. 100 escalated tickets are open at this time.
The Help Desk is currently receiving more than 260 data fix requests per week. A backlog is building. There is considerable concern that many data fixes being generated are avoidable on the part of the DSO; that DSOs are making mistakes in data entry and then asking the Help Desk to correct them. DHS is looking at options to help users correct mistakes before submitting records. Suggestions should be submitted to Toolbox.Sevis@dhs.gov.
5) Data Fix Requests on Records Terminated by Automatic Maintenance Jobs Since September 1st, when automatic maintenance jobs were reactivated, 139 cases called into the Help Desk have been referred back out for reinstatement. ICE policy now requires that records automatically terminated be corrected by reinstatement rather than by data fix.
Don Back
Vice President for Advocacy
American Association of Intensive English Programs (AAIEP)
District Director
ELS Language Centers/St. Petersburg
c/o Eckerd College
4200 54th Avenue South
St. Petersburg, FL 33711 USA
Tel: 727-864-7820
Fax: 727-867-5345
E-mail: dback@els.com
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AAIEP listserv posting September 29, 2004 “Visa Wait Times and Other Useful Websites”
Dear colleagues -
If you have need of researching how long it is taking for your applicants to make an appointment for a visa or how long it is taking for nonimmigrant visa applications to be processed, you can obtain this information through
the Department of State on their Visa Wait Times website:
travel.state.gov/visa/tempvisitors_wait.php
You simply click on a specific consular office using a drop down menu and you will be provided the estimated waiting times at that location. I looked up Istanbul today, for example, and received the following information:
Istanbul (IST)
--------------------------------------------------------------------------------
Typical Wait Time (Calendar Days*) for a Nonimmigrant Visa Interview Appointment
Visitors Visas: 3 Days
Student/Exchange Visitors Visas: 2 Days
All Other Nonimmigrant Visas: 3 Days
Typical Wait Time (Workdays**) for a Nonimmigrant Visa To Be Processed: 1 Day
*Calendar days refer to every day of the week, including days when embassies are closed (such as weekends and holidays).
**Work days refer only to days when the embassy is open and does not include weekends and holidays.
The processing time of each application will vary based on individual circumstances; some cases require security clearances, for example.
The Department of State publishes links to United States Embassies and Consulates at:
travel.state.gov/travel/abroad_embassies.html
General information for students on how to apply for an F-1 visa can be found at:
travel.state.gov/visa/tempvisitors_types_students2.html
Don Back
Vice President for Advocacy
American Association of Intensive English Programs (AAIEP)
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AAIEP listserv posting September 24, 2004 “ACTION ALERT - Please Contact Congress to Support the Senate Funding Level for Exchanges in the State Department Appropriations Bill for FY 2005”
Dear colleagues -
Please find below a call for action from the Alliance for International Educational and Cultural Exchange. I encourage you to participate. While the cause is not directly related to the IEP industry, the Alliance is a strong supporter of our advocacy efforts and is deserving of our reciprocity. Any effort undertaken for the cause of furthering international education benefits us all in some way. Your response will take no more than 5 minutes of your time.
Thank you for your help. Don
Don Back
Vice President for Advocacy
American Association of Intensive English Programs (AAIEP)
District Director
ELS Language Centers/St. Petersburg
c/o Eckerd College
4200 54th Avenue South
St. Petersburg, FL 33711 USA
Tel: 727-864-7820
Fax: 727-867-5345
E-mail: dback@els.com
-----Original Message-----
From: owner-alliance@calists.harvard.edu
[mailto:owner-alliance@calists.harvard.edu]On Behalf Of Sherri Powar
Sent: Friday, September 24, 2004 5:57 PM
To: Listserv
Subject: ACTION ALERT - Please Contact Congress to Support the Senate
Funding Level for Exchanges in the State Department Appropriations Bill
for FY 2005
Please Contact Congress to Support the Senate Funding Level for Exchanges in
the State Department Appropriations Bill for FY 2005
The Senate Appropriations Committee recently approved legislation to fund
the educational and cultural exchange programs of the Department of State
for fiscal year (FY) 2005 at $360.750 million. The funding level is $15.404
million above the $345.346 million approved by the House of Representatives
in July, the same amount as requested by the Bush Administration. It is
$44.117 million above the $316.633 million appropriated in FY 2004.
While both the House and Senate have provided increases in the funding level
for exchanges, the higher level included in the Senate bill will restore a
substantial portion of last year‚s cuts and allow the Department to meet all
of its various needs: strengthening its flagship Fulbright, International
Visitor, and citizen exchanges, and building a robust exchange initiative
with the Muslim world. Report language accompanying the bills also includes
important provisions regarding visas, public diplomacy programs and the
Exchange Visitor Program.
As Congress moves towards completion of the appropriations process, we urge
you to contact your Members of Congress to request their support for the
Senate funding level for these programs to allow for strengthened exchange
program activity in each of the areas cited above.
More information and a sample letter are available on the Alliance website
at:
capwiz.com/alliance-exchange/issues/alert/?alertid=6422111&type=CO
Please go to the site and send e-mails, faxes or letters from your
organization, and encourage your members, volunteers, chapters, and
community affiliates to do the same.
Thank you for your involvement in the Alliance's advocacy efforts.
Sherri Powar
Assistant Director and Senior Policy Specialist
Alliance for International Educational and Cultural Exchange
1776 Massachusetts Avenue, N.W.
Suite 620
Washington, D.C. 20036
(202) 293-6141
Fax (202) 293-6144
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AAIEP listserv posting September 15, 2004 “New SSN evidence rule for F-1 students effective October 13, 2004”
Dear colleagues:
The following information concerning new social security regulations affecting F-1 students was provided by NAFSA: Association of International Educators (www.nafsa.org). This regulation would apply to students who are working on campus incident to status, as provided for in the F-1 regs. If the link provided is truncated when you receive this e-mail, I suggest you copy and paste it into your browser.
**New SSN evidence rule for F-1 students effective October 13, 2004**
On September 13, 2004, the Social Security Administration (SSA) published its long-awaited F-1 evidence rule, with an effective date of October 13, 2004. On and after that date, F-1 students who apply for a Social Security Number (SSN) on the basis of on-campus employment will have to present a letter from their DSO stating that the student is authorized to engage in on-campus employment, the nature of the employment to be engaged in, and identifying the employer for whom the student will be working. The F-1 student will also have to provide a statement from his or her on-campus employer, to prove that the student is engaging in, or has secured, employment. This new evidence rule does not apply to F-1 students who have an Employment Authorization Document (EAD) or Curricular Practical Training (CPT). To view the rule, access:
a257.g.akamaitech.net/7/257/2422/06jun20041800/edocket.access.gpo.gov/2004/04-20614.htm
Don Back
Vice President for Advocacy
American Association of Intensive English Programs (AAIEP)
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AAIEP
listserv posting September 2, 2004 “SEVIS NOTICE - I-901
Fee Goes into Effect”
Dear colleagues,
The SEVIS fee payment information appearing below, including an
attached Form I-901 [Click
here to download this file.], is provided for the benefit
of those program directors who are not DSOs.
Also, after attempting to pay the SEVIS fee on behalf of a test
student, I have provided NAFSA with the following feedback on
the FMJfee site to pass on to DHS: 1) There are an insufficient
number of address lines. Only two street lines are provided, plus
city, apartment #, country. 2) City of birth is a required field.
This is very problematic for schools that might wish to pay on
behalf of their students; as only country of birth and country
of citizenship are required for I-20 issuance, most schools do
not collect this information. 3) The last segment of the school
code is broken out into two parts. The code in SEVIS is represented
as a continuous series of numbers, so it is confusing when you
enter the number which ones to enter in which segment. The last
segment holds the last three digits of the school code, which
is the campus designation.
If you have any problems in your own use or testing of the fee
payment site system, please describe them to me and I will forward
as well.
Regards,
Don
Don Back
Vice President for Advocacy
American Association of Intensive English Programs (AAIEP)
District Director
ELS Language Centers/St. Petersburg
c/o Eckerd College
4200 54th Avenue South
St. Petersburg, FL 33711 USA
Tel: 727-864-7820
Fax: 727-867-5345
E-mail: dback@els.com
-----Original Message-----
From: sysadmin.sevis@usdoj.gov
Sent: Thursday, September 02, 2004 6:10 PM
To: sevpinfo@eds.com
Subject: SEVIS NOTICE - I-901 Fee Goes into Effect
********** PLEASE DO NOT REPLY TO THIS MESSAGE **********
SEVIS NOTICE September 2, 2004
The SEVIS I-901 fee went into effect September 1, 2004. The payment
website at www.fmjfee.com is operational. New students and exchange
visitors with a Form I-20 or Form DS-2019 issued on or after September
1, 2004 are subject to the fee. Continuing students and exchange
visitors are not required to pay the fee except under certain
circumstances. For complete information on who needs to pay the
fee (or does not need to) see the SEVP website at www.ice.gov/graphics/sevis/i901/faq.htm.
There is a complete list of questions and answers on all aspects
of SEVIS I-901 fee payment.
We would appreciate your assistance with informing new students
and exchange visitors of the requirement to pay the SEVIS I-901
fee. While we have several sources of information and instructions
for students and exchange visitors, you have direct contact with
them. We believe the most important information is contained in
Question 4A, Can you give me a general overview of the SEVIS I-901
fee payment process?, on the SEVP website at www.ice.gov/graphics/sevis/i901/faq4.htm#_Toc81222043.
This information, along with a copy of the Form I-901, will provide
the student or exchange visitor with basic information needed
to pay the SEVIS I-901 fee. You may also want to provide students
and exchange visitors with the sources of help provided in Question
8A at www.ice.gov/graphics/sevis/i901/faq8.htm#_Toc81222155.
Attached is a PDF of the I-901 Form. Prospective students and
exchange visitors who are not in the United States and who do
not have web access may have problems getting the form. You can
print the form from the PDF or order pre-printed copies through
the Eastern Forms Center at fax number 1-800-870-3676.
If your school would like to prepare fee-related information for
your students and exchange visitors, SEVP has all the questions
and answers posted on the website available as either a MS Word
document or a PDF. You may request a copy through toolbox.SEVIS@dhs.gov -- please put SEVIS I-901 Fee Instructions in the subject line.
Please indicate which format you prefer.
The phone number for the I-901 Help Desk is 1-785-330-1048.
Thank you.
Student and Exchange Visitor Program
TOP OF PAGE
AAIEP
listserv posting September 1, 2004 “SEVIS Fee SOIs Released”
Dear colleagues,
Please find attached
standard operating instructions for the SEVIS fee, prepared by
DHS and provided courtesy of the Alliance. [Click
here to download this file.] These guidelines literally cover
every conceivable question that could arise concerning payment
of the SEVIS fee. The SEVIS fee website, www.fmjfee.com, is up
and running as of this morning.
Don Back
Vice President for Advocacy
American Association of Intensive English Programs (AAIEP)
TOP OF PAGE
AAIEP listserv posting August 31, 2004 "SEVIS Announcements"
Dear colleagues,
Tomorrow, September 1, 2004, the SEVIS Fee web site will be available at www.fmjfee.com. Since this is a new system that will involve the movement of data from the payment system, to SEVIS, and forward to the CCD, it is
likely that we will experience some technical glitches and bugs. If you
become aware of a problem, please Describe as clearly and succinctly as
possible and forward to me. I will pass these complaints on to NAFSA on behalf of AAIEP. NAFSA will, in turn, take the issues up with DHS.
NAFSA distributed the following SEVIS-related announcements to members this morning. NAFSA membership information is available at www.nafsa.org.
**SEVIS I-901 Fee Requirements Effective September 1, 2004**
The SEVIS I-901 fee will have to be paid by students and exchange visitors
who use a Form I-20 or DS-2019 to gain initial F-1, J-1, or M-1 status to begin a new exchange program or program of studies, if that form was issued
on or after September 1, 2004.. Generally, students and exchange visitors
who use forms issued before that date to obtain F-1, J-1, or M-1 status will
not have to pay the fee as long as they maintain the continuity of their
current nonimmigrant status. A detailed NAFSA Practice Advisory on this
topic is posted on the Adviser‚s Manual Companion Web site as AMDOC# 200408008: www.imanual.nafsa.org/upload/nafsa_am/docs/200408008.pdf
**New USCIS Photo Specifications Mandatory After September 1, 2004**
On August 2, the Department of Homeland Security's (DHS) Bureau of
Citizenship and Immigration Services (USCIS) announced that, after September
1, applications that require photos to be filed must include a new-style full-face photo. International Services Offices should update their internal
instruction forms and information sessions now to include reference to the
new photograph specifications. NAFSA Practice Advisory 2004-f on this topic
is posted on the Adviser‚s Manual Companion Web site as AMDOC# 200408013: www.imanual.nafsa.org/upload/nafsa_am/docs/200408013.pdf
**Remaining SEVIS Automatic F, M Maintenance Jobs Activated September 1, 2004**
On July 19, the DHS Student and Exchange Visitor Program (SEVP) office sent
a memo to all SEVIS users to inform them that the remaining nightly SEVIS
automatic maintenance jobs for F and M students will be activated in a
phased approach starting September 1, 2004. The automatic actions will
cancel or terminate certain SEVIS records that have not been registered
within specific timeframes following the records' program start dates. The SEVP memo is posted on the Adviser's Manual Companion Web site as AMDOC#
200407020:
www.imanual.nafsa.org/upload/nafsa_am/docs/200407020.pdf
Don Back
NAFSA SEVIS Project Manager/Intensive English Programs
Vice Presiden for Advocacy, American Association of Intensive English Programs (AAIEP)
TOP OF PAGE
AAIEP listserv posting July 27, 2004 "June 2004 DHS Regulatory Agenda"
Dear colleagues,
Twice each year the Department of Homeland Security issues a regulatory
agenda for the purpose of informing the public on its planned rulemaking
activities. The most recent agenda was published on June 28th and contained
several hundred items. Following is a summary of only those rules which may
have some impact on IEP operations. Special attention should be given the
following: 1098 Limiting the Use of D/S for Certain F, J and M
Nonimmigrants, 1141 Limiting the Period of Admission for B Nonimmigrant
Aliens, and 1360 Requiring Recertification of All Service-approved Schools
for Enrollment in SEVIS.
If you have an interest in viewing the entire June 28th unified regulatory
agenda, please write to me and I will send you a copy.
Don Back
Vice President for Advocacy
American Association of Intensive English Programs (AAIEP)
BCIS PROPOSED RULE STAGE
1094. ILLEGAL ENTRIES, UNLAWFUL PRESENCE, AND AUTOMATIC VOIDING OF
NONIMMIGRANT VISAS
Abstract: This proposed rule defines the categories of aliens who are not
eligible to be issued a visa or be admitted if: they are in the United
States illegally because they entered without proper inspection at a
port-of-entry (section 212(a)(6)(A) of the Act); they accumulated certain
periods of unlawful presence because they entered the United States
illegally or stayed in the United States longer than authorized (section
212(a)(9)(B) of the Act); or they entered the United States
illegally (or attempted an illegal entry) after they accumulated unlawful
presence or after they were removed (section 212(a)(9)(C) of the Act). This
proposed rule also describes how a nonimmigrant visa becomes automatically
void, as provided under section 222(g) of the Act. This proposed rule also
explains when the provisions for unlawful presence (sections 212(a)(9)(B)
and (C) of the Act) do not apply, and the legal and documentary requirements
for a waiver. Promulgation of this rule ensures that the admission tothe
United States of any ineligible alien would not adversely affect the
national welfare, safety, or security of the United States.
Timetable:
Notice of Proposed Rulemaking 12/00/04
NPRM Comment Period End 02/00/05
1098. LIMITING THE USE OF DURATION OF STATUS FOR CERTAIN F, J, AND I
NONIMMIGRANTS
Abstract: This rule concerns the duration of status for nonimmigrants in the
F (student), J (exchange visitor), and I (media representative) categories.
This rule will set forth standards and procedures for the admission of
certain nonimmigrants in these categories for a fixed period (subject to
extension) rather than for the duration of their course of study, exchange
program, or approved employment. This action will allow the Department to
more effectively ensure that affected nonimmigrants are engaging in
activities consistent with their classification and to take necessary
action. By ensuring more effective control over nonimmigrants in the United
States, this rule will enhance the integrity of the immigration process.
Timetable:
Notice of Proposed Rulemaking 12/00/04
NPRM Comment Period End 02/00/05
BCIS FINAL RULE STAGE
1141. LIMITING THE PERIOD OF ADMISSION FOR B NONIMMIGRANT ALIENS
Abstract: This rule eliminates the minimum admission period of a B-2 visitor
for pleasure, reducing the maximum admission period of B-1 and B-2 visitors
from one year to six months, and establishing greater control over a B
visitor‚s ability to extend the status or to change status to that of a
nonimmigrant student. These changes will enhance the Deprtment‚s authority
under sections 214(a) and 248 of the Immigration and Nationality Act and
will help lessen the probability that alien visitors will establish
permanent ties in the United States and thus remain in the country
illegally.
Timetable:
NPRM 04/12/02 67 FR 18065
NPRM Comment Period End 05/13/02
Final Action 12/00/04
1144. REQUIRING CHANGE OF STATUS FROM B TO Fˆ1 OR Mˆ1 NONIMMIGRANT PRIOR TO
PURSUING A COURSE OF STUDY
Abstract: The interim final rule amends Department regulations by
eliminating the current provision allowing a nonimmigrant visitor for
business or pleasure to enroll in a DHS-approved school without first
obtaining approval of a change of nonimmigrant status request from the
Department. The amendment will ensure that no B nonimmigrant is allowed to
begin taking classes until the Department has approved the alien‚s request
to change nonimmigrant status to that of F or M student
Timetable:
Interim Final Rule 04/12/02 67 FR 18061
Interim Final Rule Comment Period End 06/11/02
Final Action 12/00/04
BICE FINAL RULE STAGE
1356. REVISION OF THE REGULATIONS CONCERNING F, J, AND M NONIMMIGRANT
CLASSIFICATIONS
Abstract: This rule sets the foundation for implementation of the Student
and Exchange Visitor Information System (SEVIS), an Internet-based system
that provides tracking and monitoring functionality, with access to current
information on nonimmigrant sudents and exchange visitors. SEVIS is being
integrated into the new Entry-Exit system, named U.S. Visitor and Immigrant
Status Indication Technology System (U.S.VISIT). VISIT is a DHS program that
enhances our country‚s entry exit system by enabiling the U.S. to
effectively verfiy the identity of incomming visitors and confirm compliance
with visa and immigration
policies. The initiative involves collecting travel information and
ŒŒbiometric identifiers.‚‚
There are three principal laws that require the Secretary to develop an
automated system to track foreign students and exchange visitors:
1. Section 641 of the Illegal Immigration Refrom and Immigrant
Responsibility Act of 1996 (IIRIRA);
2. Section 416 of the Uniting and Strengthening Americal by Providing
Appropirate Tools Required to Intecept and Obstruct Terrorims Act 2001 (USA
PATRIOT Act); and
3. Section 501 of the Enhanced Border Security and Visa Entry Reform Act of
2002 (Border Security Act).
IIRIA requires the DHS to collect current information, on an ongoing basis,
form schools and exchange programs relating to nonimmigrant foreign students
and exchange visitors during their stay in the U.S. Additionally, the USA
PATRIOT Act amended section 641 of IIRIRA to require implementation and
expansion of SEVIS before January 1, 2003. Furthermore, the Border Security
Act clarifies the collection of information required by SEVIS and adds the
secific requirement that eductional institutions report failure of an alien
to enroll not later than 30 days after the registration deadline of the
institution.
While this rule implements SEVIS, this is only one component of the Student
and Exchange Visitor Program (SEVP). Further rulemaking is necessary to the
overall reengineering process and sucess of SEVP. The review and
registration of all schools and exchange visitor programs in SEVIS was
required before January 30, 2003 as well as subsequent recertifications of
these institutions every two years. Implementation of the student fee
regulation mandated by Congress in IIRIRA to pay for the operation and
maintenance of SEVIS is pending.
As part of this ongoing program, DHS published an interim final rule at 67
FR 44344, July 1, 2002, allowing schools that met certain criteria to
preliminary enroll in SEVIS beginning on July 1, 2002. DHS will published
another rule, 67 FR 60107, September 25, 2002, that required all schools to
apply for certification in SEVIS in order to be able to begin accepting or
continue accepting foreign students by August 1, 2003. This rule describes
recertification, withdrawl, and the denial process for SEVIS. Finally, DHS
reintroduced a rule for collection of the student and exchange visitor feee,
68
FR 61149, October 27, 2003.
Timetable:
NPRM (INS No. 2185ˆ02) 05/16/02 67 FR 34862
NPRM Comment Period End 06/16/02
Interim Final Rule (INS No. 2211ˆ02) 07/01/02 67 FR 44343
Interim Final Rule Comment Period End 07/31/02
Final Action (INS No. 2185ˆ02) 12/02/02 67 FR 31184
Final Action (INS No. 2211ˆ02) 12/00/04
1357. SEVIS REPORTING REQUIREMENTS OF ACADEMIC INSTITUTIONS AT THE START OF
EACH TERM OR SESSION
Abstract: This rule amends the Department of Homeland Security DHS)
regulations by modifying the reporting requirements in the Student Exchange
Visitor Information System SEVIS) for academic institutions. Specifically
this rule amends existing DHS regulations to ensure that notification is
made to the U.S. Immigration and Customs Enforcement ICE) if an alien fails
to report to school within 30 days of the start of each term or session,
rather than 30 days after the deadline for registering for classes. This
rule is necessary for the proper monitoring of aliens admitted to the United
States as students.
Timetable:
Interim Final Rule 12/00/04
Interim Final Rule Comment Period End 02/00/05
1358. CHANGES IN REGISTRATION POLICIES AND MONITORING OF CERTAIN
NONIMMIGRANTS
Abstract: This rule amends DHS regulations for the registration and
monitoring of certain nonimmmigrant aliens. This rule amends existing
regulations by suspending the 30-day and annual re-registration requirements
for lines who are subject to the
National Security Entry-Exit Registration System (NSEERS) Registration.
Instead of requiring all aliens subject to NSEERS to appear for 30-day
and/or annual registration interviews, the DHS will utilize a more tailored
system in which it will notify individual aliens of future registration
requirements. This rule also eliminates the requirement for those
nonimmigrant aliens subject to special registration who are also enrolled in
the Student and Exchange Visitor Information System (SEVIS) to separately
notify DHS of changes in educational institutions and addresses.
Additionally, this rule clarifies how nonimmigrant aliens may apply for
relief from special registration requirements and clarifies that certain
alien crewmen are not subject to the departure requirements. Finally,
certain conforming amendments have been made to existing regulations to
reflect that the former Immigration and Naturalization Service has been
abolished and its functions transferred from the Department of Justice to
DHS, under the Homeland Security Act of 2002 (HSA), Public Law 107-296.
Timetable:
Interim Final Rule 12/02/03 68 FR 67578
Interim Final Rule Comment Period End 02/02/04
Final Action 12/00/04
1360. REQUIRING RECERTIFICATION OF ALL SERVICEˆAPPROVED SCHOOLS FOR
ENROLLMENT IN THE STUDENT AND EXCHANGE VISITOR INFORMATION SYSTEM (SEVIS)
Abstract: On October 30, 2001, the President issued Homeland Security
Directive No. 2 requiring DHS to conduct periodic reviews of all
institutions certified to receive nonimmigrant students. The Enhanced Border
Security and Visa Entry Reform Act of 2002, Public Law 107-173 enacted May
14, 2002, also requires a periodic review of school approvals. This rule
governs the review and certification process that DHS uses to approve
schools to enroll foreign students. It also continues the implementation of
the process by which schools may be approved to obtain access to the Student
and Exchange Visitor I Information System SEVIS). While DHS had in place an
existing process for certifying and decertifying schools, DHS requires all
previously approved schools to apply for certification in accordance with
these new mandates cited above, prior to being allowed to enroll in SEVIS.
Timetable:
Interim Final Rule 09/25/02 67 FR 60107
Interim Final Rule Effective 09/25/02
Interim Final Rule Comment Period End 11/25/02
Final Action 12/00/04
1361. REDUCED COURSE LOAD FOR CERTAIN F AND M NONIMMIGRANT STUDENTS AT
BORDER COMMUNITIES
Abstract: This rule amends DHS regulations governing F and M nonimmigrants.
This rule clarified that nonimmigrant aliens who reside outside the United
States and regularly commute across a land border to study may do so on a
part-time basis within
the F or M nonimmigrant category. It is common for aliens residing outside
the United States, such as in Canada or Mexico, to enroll part-time in
border educational institution, entering the United States daily to pursue
part-time studies. This rule is written to overcome the significant
disruption of part-time study that had become an accepted fact of life along
the borders. Additionally, these changes were made to facilitate and
legitimize certain part-time study along border communities while ensuring
that all applicable requirements and safeguards were met.
Timetable:
Interim Final Rule 08/27/02 67 FR 54941
Interim Final Rule Comment Period End 10/27/02
Final Action 12/00/04
1365. 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. These students,
however, will not be required to pursue a full course of study. 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), and agency of the Bureau of Immigration and Customs
Enforcement.
TOP OF PAGE
AAIEP listserv posting July 26, 2004 "The International Student and Scholar Access Act of 2004"
Dear colleagues -
On July 21st, Rebublican Senator Norm Coleman of Minnesota introduced Senate
Bill 2715, the International Student and Scholar Access Act (ISSAA) of 2004.
The Alliance and NAFSA worked with Senator Coleman and his staff on the
legislation. Major provisions of the bill that are of relevance to IEPs
include:
1) requires the President submit a strategic plan to Congress that would
enhance international student access to the United States for study and
exchange activities
2) reforms the SEVIS fee process by instituting a reduced fee for short-term
study and by requiring DHS and DOS to conduct a feasibility study on
collecting the SEVIS fee: (a) in local currency at local financial
institutions; and (b) by universities as part of a student's tuition and
fees
3) changes the visa processing process to focus on scrutiny of visa
applicants who might pose risks, permitting the timely issuance of visas to
those whose presence in the United States serves important national
interests
4) requires that guidance be issued to consular officers on granting waivers
of personal appearance in order to minimize delays for legitimate travelers
while permitting more thorough interviews of visa applicants in appropriate
cases
5) requires a process be established to permit a visa applicant or the
program to which the applicant has applied to inquire about the status of a
visa application
6) amends Section 101(a)(15)(F)(i) of the Immigration and Nationality Act by
striking `having a residence in a foreign country which he has no intention
of abandoning' and inserting `having the intention, capability, and
sufficient financial resources to complete a course of study in the United
States'
ISSAA has been referred to the Committee on the Judiciary. No hearings on
the bill have yet been scheduled.
AAIEP is in the process of developing a strategy to support the bill as it
makes its way through Congress and will keep you apprised as to how you can
help. We will be working closely with the Alliance and NAFSA in their
advocacy efforts. At this point, we encourage members to read the bill (see
full text below) and become familiar with its provisions.
Further reading:
coleman.senate.gov/index.cfm?FuseAction=PressReleases.Detail&PressRelease_id=442&Month=7&Year=2004
coleman.senate.gov/index.cfm?FuseAction=Bio.Biography
Don Back
Vice President for Advocacy
American Association of Intensive English Programs (AAIEP)
District Director
ELS Language Centers/St. Petersburg
c/o Eckerd College
4200 54th Avenue South
St. Petersburg, FL 33711 USA
Tel: 727-864-7820
Fax: 727-867-5345
E-mail: dback@els.com
International Student and Scholar Access Act of 2004 (Introduced in Senate)
S 2715 IS
108th CONGRESS
2d Session
S. 2715
To improve access to graduate schools in the United States for international
students and scholars.
IN THE SENATE OF THE UNITED STATES
July 21, 2004
Mr. COLEMAN introduced the following bill; which was read twice and referred
to the Committee on the Judiciary
--------------------------------------------------------------------------------
A BILL
To improve access to graduate schools in the United States for international
students and scholars.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the `International Student and Scholar Access Act
of 2004'.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The United States has a strategic need to improve its student visa
screening process to protect against terrorists who would abuse the system
to harm the United States.
(2) At the same time, openness to international students and exchange
visitors serves longstanding and important United States foreign policy,
educational, and economic interests, and the erosion of such exchanges is
contrary to United States national security interests.
(3) Educating successive generations of future world leaders in the United
States has long been an important underpinning of United States
international influence and leadership.
(4) Open scientific exchange, which enables the United States to benefit
from the knowledge of the world's top scientists, has long been an important
underpinning of United States scientific leadership.
(5) The United States has seen a dramatic increase in requests for Visa
Mantis checks designed to protect against illegal transfers of sensitive
technology, from 1,000 in fiscal year 2000 to 20,000 in fiscal year 2003.
(6) Delays in issuing Visa Mantis security clearances have discouraged some
international scholars from coming to the United States.
(7) International students and their families studying in the United States
contribute close to $12,000,000,000 to the United States economy each year,
making higher education a major service sector export.
(8) Delays in obtaining student visas have discouraged many international
students from studying in the United States.
(9) Total international applications to graduate schools in the United
States for fall 2004 declined 32 percent from fall 2003.
(10) The number of international students enrolled in the United States,
which in raw numbers consistently increased over time and grew by 6 percent
during both the 2000-2001 and 2001-2002 school years, leveled off
dramatically during the 2002-2003 school year to an increase of only .6
percent.
(11) Concerns related to the anticipated international student monitoring
system known as `SEVIS' have contributed to the decline in the number of
foreign applicants to educational institutions in the United States.
(12) The United States requires a visa system for exchange programs that
maximizes United States national security.
(13) The United States requires a comprehensive strategy for recruiting
international students as well as enhancing the access of international
students to higher education in the United States.
TITLE I--NATIONAL STRATEGY FOR ENHANCING INTERNATIONAL STUDENT ACCESS TO THE
UNITED STATES
SEC. 101. STRATEGIC PLAN.
Not later than 180 days after the date of enactment of this Act, the
President, in consultation with United States higher education institutions,
organizations that participate in international exchange programs, and other
appropriate groups, shall submit to the Committee on Foreign Relations of
the Senate and the Committee on International Relations of the House of
Representatives a strategic plan for enhancing international student access
to the United States for study and exchange activities that includes:
(1) A marketing plan to makes use of Internet and other media resources to
promote and facilitate study in the United States by international students.
(2) A clear division of responsibility that eliminates duplication and
promotes inter-agency cooperation with regard to the roles of the
Departments of State, Commerce, Education, and Homeland Security in
promoting and facilitating access to
the United States for international student and exchange visitors.
(3) A mechanism for institutionalized coordination of the efforts of
Departments of State, Commerce, Education, and Homeland Security in
facilitating access to the United States for international student and
exchange visitors.
(4) An effective mandate and strategic plan for use of the overseas
educational advising centers of the Department of State to promote study in
the United States and to prescreen visa applicants.
(5) Well-defined lines of authority and responsibility for international
students in the Department of Commerce.
(6) A clear mandate related to international student access for the
Department of Education.
(7) Streamlined procedures within the Department of Homeland Security
related to international student and exchange visitors.
SEC. 102. ANNUAL REPORTS TO CONGRESS.
(a) IN GENERAL- The President, acting through the Secretary of State and in
consultation with the Secretary of Education, Secretary of Commerce, and
Secretary of Homeland Security shall submit an annual report on the
implementation of the national strategy developed in accordance with section
101 to Congress that would describe the following:
(1) Measures undertaken to enhance international student access to the
United States and improve inter-agency coordination with regard to
international students and exchange visitors as provided in section 101.
(2) Measures taken to implement section 202.
(3) The number of student and exchange visitors who apply for visas from the
United States, and the number whose visas are approved.
(4) The average processing time for student and international visitor visas.
(5) The number of student and international visitor visas requiring
inter-agency review.
(6) The number of student and international visitor visas approved after
submission of the visa applications during each of the following durations:
(A) Less than 15 days.
(B) 15-30 days.
(C) 31-45 days.
(D) 46-60 days.
(E) 61-90 days.
(F) More than 90 days.
(b) SUBMISSION OF REPORT- Not later than May 30 of 2005, and annually
thereafter through 2008, the President shall submit to Congress the report
described in subsection (a).
SEC. 103. REFORMING SEVIS FEE PROCESS.
(a) REDUCED FEE FOR SHORT-TERM STUDY- Section 641(e)(4)(A) of the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C.
1372(e)(4)(A)) is amended in the second sentence, by inserting before the
period the following: `or the admission of an alien under section
101(a)(15)(F) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(15)(F)) for a program that does not exceed 90 days'.
(b) IMPROVING FEE COLLECTION- Not later than 60 days after the date of
enactment of this Act, the Secretary of Homeland Security and the Secretary
of State shall jointly submit to the Committee on Foreign Relations and the
Committee on the Judiciary of the Senate and the Committee on International
Relations and the Committee on the Judiciary of the House of Representatives
a report on the feasibility of collecting the fee required by section 641(e)
of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996
(8 U.S.C. 1372(e))--
(1) in local currency at local financial institutions under procedures
established by the Secretary of State; and
(2) by universities as part of a student's tuition and fees.
SEC. 104. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Department of State,
Department of Education, Department of Homeland Security, and Department of
Commerce such sums as may be necessary to carry out the activities described
in section 101.
TITLE II--IMPROVING THE VISA PROCESS
SEC. 201. SENSE OF CONGRESS; PURPOSE.
(a) SENSE OF CONGRESS- It is the sense of Congress that--
(1) improvements in visa processing would enhance the national security of
the United States by--
(A) permitting closer scrutiny of visa applicants who might pose risks; and
(B) permitting the timely adjudication of visa applications of those whose
presence in the United States serves important national interests; and
(2) improvements must include--
(A) an operational visa policy that articulates the national interest of the
United States in denying entry to visitors who seek to harm the United
States and in opening entry to legitimate visitors, to guide consular
officers in achieving the appropriate balance;
(B) a greater focus by the visa system on visitors who require special
screening, while minimizing delays for legitimate visitors;
(C) a timely, transparent, and predictable visa process, through appropriate
guidelines for inter-agency review of visa applications; and
(D) a provision of the necessary resources to fund a visa processing system
that meets the requirements of this title.
(b) PURPOSE- It is the purpose of this title to specify the improvements
described in subsection (a).
SEC. 202. VISA PROCESSING GUIDANCE.
(a) IN GENERAL- Not later than 60 days after the date of enactment of this
Act, the Secretary of State--
(1) shall issue appropriate guidance to consular officers in order to--
(A) give consulates appropriate discretion to grant waivers of personal
appearance in
order to minimize delays for legitimate travelers while permitting more
thorough interviews of visa applicants in appropriate cases;
(B) give consulates appropriate discretion to allow security clearances
under the Visas Mantis system to be valid for the duration of status or
program, in order to avoid repetitive reviews of those visitors who leave
the United States temporarily; and
(C) establish a presumption of visa approval for frequent visitors who have
previously been granted visas for the same purpose and who have no status
violations; and
(2) in consultation with the Director of the Office of Science and
Technology Policy and appropriate representatives of the United States
scientific community, shall issue appropriate guidance to consular officers
in order to refine controls on the entry of visitors who propose to engage
in study or research in advanced science and technology in order to ensure
that only cases of concern, and not nonsensitive cases, are subjected to
special review.
(b) TIMELINESS STANDARDS- Not later than 60 days after the date of enactment
of this Act, the President shall institute guidelines for inter-agency
review of visa applications requiring security clearances which establish
the following standards for timeliness in international student and visitor
visas:
(1) Establish a 15-day standard for responses to the Department of State by
other agencies involved in the clearance process.
(2) Establish a 30-day standard for completing the entire inter-agency
review and advising the consulate of the result of the review.
(3) Provide for expedited processing of any visa application with respect to
which a review is not completed within 30 days, and for advising the
consulate of the delay and the estimated processing time remaining.
(4) Require the establishment of a process by which the applicant, or the
program to which the applicant seeks access , can inquire about the
application's status and the estimated processing time remaining.
(5) Establish a special review process to resolve any cases whose resolution
is still pending after 60 days.
SEC. 203. INTEROPERABLE DATA SYSTEMS AT THE FBI.
(a) RESPONSIBILITIES OF THE FBI DIRECTOR- The Director of the Federal Bureau
of Investigation shall take the steps necessary to ensure that--
(1) the Federal Bureau of Investigation's databases and systems used in the
National Name Check Program are interoperable with the requisite databases
and systems at the Department of State;
(2) the files of the Federal Bureau of Investigation are automated and a
common database is set up between the field offices and headquarters of the
Federal Bureau of Investigation; and
(3) the Federal Bureau of Investigation has full connectivity to the
Consular Consolidated Database through the Open Source Information System.
(b) REPORT- Not later than 180 days after the date of enactment of this Act,
the Director of the Federal Bureau of Investigation shall report to the
Committees on the Judiciary of the Senate and the House of Representatives
on progress in implementing subsection (a).
SEC. 204. SETTING REALISTIC STANDARDS FOR VISA EVALUATIONS.
(a) IN GENERAL- Section 101(a)(15)(F)(i) of the Immigration and Nationality
Act (8 U.S.C. 1101(a)(15)(F)(i)) is amended--
(1) by striking `having a residence in a foreign country which he has no
intention of abandoning' and inserting `having the intention, capability,
and sufficient financial resources to complete a course of study in the
United States'; and
(2) by striking `and solely' after `temporarily'.
(b) TECHNICAL AND CONFORMING AMENDMENT- Section 214(b) of the Immigration
and Nationality Act (8 U.S.C. 1184(b)) is amended by striking `subparagraph
(L) or' and inserting `subparagraph (F), (J), (L), or'.
SEC. 205. REPORT.
Not later than 180 days after the date of enactment of this Act, the
Secretary of State shall report to the Committee on Foreign Relations of the
Senate and the Committee on International Relations of the House of
Representatives on--
(1) the feasibility of expediting visa processing for participants in
official exchange programs, and for students, scholars, and exchange
visitors through prescreening of applicants by sending countries, sending
universities, State Department overseas educational advising centers, or
other appropriate entities;
(2) the feasibility of developing abilities to collect biometric data
without requiring a visit to the Embassy by the visa applicant; and
(3) the implementation of the guidance described in subsections (a) and (b)
of section 202, including the training of consular officers, and the effect
of this guidance and training on visa processing volume and timeliness.
SEC. 206. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may be necessary to
carry out to carry out this Act for the consular affairs function of the
Department of State, the visa application review function of the Department
of Homeland Security, and for database improvements in the Federal Bureau of
Investigations as specified in section 203.
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AAIEP listserv posting July 26, 2004 "Sample Form I-901, Fee Remittance for Certain F, J, and M Nonimmigrants"
Dear colleagues,
I have been given permission by the DHS SEVP office to distribute the attached sample Form I-901. Remittance via I-901 is the slowest and least desirable way to pay the SEVIS fee. As an alternative to paying on the Internet, a prospective student could obtain Form I-901, complete it, and send it in by mail with his or her payment.
The "real" I-901 will be available sometime between mid-August and September 1 by download from the following sites:
- the ICE SEVIS site (www.ice.gov/graphics/enforce/imm/imm_sevis.htm)
- the USCIS forms site (uscis.gov/graphics/formsfee/forms/index.htm)
- the Internet site at which the SEVIS fee can be paid (www.FMJfee.com)
Note that the attached Form I-901 is only a sample and cannot be used for fee payment.
Don Back
Vice President for Advocacy
American Association of Intensive English Programs (AAIEP)
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AAIEP listserv posting July 16, 2004 "DOS Cable Issued July 4th"
Dear colleagues,
Karen Decker was kind enough to pass on a cable, attached, that was issued
to consulates on July 4th. The cable emphasizes the importance of
prioritizing student visa appointments and student visa processing, welcome
news to our community.
This notice also stresses that students entering the U.S. on their F visas
for the first time do so no earlier than 30 days before the program start
date on their I-20s {8 CFR 214.2(f)(5)(i)}. Schools should take note that
POE inspectors have turned away students who have attempted to enter the
U.S. for the first time as a student before the 30-day period. This 30-day
rule does not apply to a returning student, i.e. a student who has departed
the U.S. and is returning within 5 months on the same F-1 visa to continue
studies at the same school or to attend a different approved school.
The cable goes on to recommend that students who are still interested in
traveling to the United States before the 30-day period do so on B visas.
It is important to note, however, that an individual on a B visa may not
begin a full course of study prior to changing status to F-1. Adjudication
of this COS from B to F-1 may take 60 days or more and success is not
guaranteed.
AAIEP suggests that, as a service to your students, you remind them of the
30-day requirement in your arrival literature.
Don Back
Vice President for Advocacy
American Association of Intensive English Programs (AAIEP)
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AAIEP listserv posting June 29, 2003 “SEVIS NOTICE - Summary of Final Rule AuthorizingCollection of the SEVIS Fee.”
Dear colleagues,
Attached, for those members who are not DSOs, is an update on the SEVIS fee
rule from the Student and Exchange Visitor Office in Washington. It looks
like September 1, 2004, will be the implementation date, with the rule to be
published on or about July 1.
AAIEP has issued a letter to DHS expressing concern about the fact that the
fee must be paid before visa application, that it is not expected to be
refundable, and that there is no bulk payment option available to schools
who wish to pay on behalf of their students. We continue to lobby for a
lower SEVIS fee for short-term IEP students. This letter should be posted
on the AAIEP website shortly.
Don Back
Vice President for Advocacy
American Association of Intensive English Programs (AAIEP)
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AAIEP listserv posting June 11, 2004 “IIE Announcement and Presentation.”
Dear colleagues,
I am forwarding the following announcement from Daniel Obst, Senior Program
Manager with the Institute of International Education (IIE) in New York.
Daniel gave an excellent presentation on the state of intensive English
language programs in our advocacy session at the NAFSA conference, for which
we are most grateful. A copy of the presentation is attached and will be
posted in the advocacy section of the AAIEP website. I hope you will take
Daniel up on this great offer for free listings in IIE publications.
IIE INTENSIVE ENGLISH USA DIRECTORY - NEW EDITION
We are delighted to announce that IIE will be publishing a new edition of
our Intensive English USA Directory. This marks the first time since 2000
that the Institute has published an Intensive English USA Directory, a
publication that will serve as a comprehensive resource directory of
Intensive English Programs. In addition to a print directory, we are
including program information on a new website.
If you would like your programs to be listed, free of charge, in the
directories and on the website, or if you wish to highlight your program
through targeted advertising online or in print, please contact our
publishing partner, Naylor Publications at:
Jeff Bunkin
Publication Director
Don Back
Vice President for Advocacy
American Association of Intensive English Programs (AAIEP)
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AAIEP
listserv posting February 12, 2003 “Visa Denials of potential
IEP students.”
As you may recall, several months ago I offered to follow-up with
our liaison at the State Department here on unjustified visa denials
for potential students at AAIEP member schools.. I have received
denial reports on problems in Brazil, especially Sao Paulo, Ho
Chi Minh City, Turkey, Venezuela, Nigeria, and Bolivia. Thank
you for sending this information that has been communicated to
the State Department here in Washington. Because we are concerned
about any pattern that emerges of unjustified denials to our students
at a specific visa issuing post, especially because they apply
with a form I-20 issued by an IEP, we would like to intensify
our data collection effort and make it an on-going activity. We
will report to the membership every two weeks on the Embassies
or Consulates that have been reported to us.
We recognize that changing the thinking of visa officers who hold
a prejudice against students who wish to study at an IEP will
not be an easy task. We believe that this data collection of unjustified
denials is worth the time and effort. It is difficult to get Congressional
support or an adequate response from the State Department if we
do not have very specific data.
We would like to request that you send us details on denials that
you feel are not justified. Here is the information we need:
Name of student:
Date of Birth of Student:
Embassy or Consulate where visa application was made:
Reason given for denial:
Date of Visa Interview:
Pertinent facts that you know about student: (i.e. student’s
mother is the owner of the largest department store in the city,
student’s brothers have studied in the US and returned to
their country, student has a conditional acceptance from a specific
university)
Please e-mail the information to wmfish@comcast.net.
We would also request that you submit the same report to NAFSA
via their web site: http://www.nafsa.org//content/PublicPolicy/NAFSAontheIssues/cawgliaison.htm
It is important for NAFSA to know about problems that legitimate
potential IEP students are having. The Chair of the NAFSA Consular
Affairs Working Group may also be a useful liaison with the State
Department. The information you submit to NAFSA automatically
goes to the person on the Consular Affairs Working Group responsible
for the region where the Embassy is located. If there is a pattern
of problems at a particular Embassy or Consulate, that person
can then take the case up with the Chair of the Working Group
who also has regular communication with the State Department.
Finally, we believe it is important for each school to respond
directly to the Consulate or Embassy where the unjustified visa
denial has occurred. You may be successful in requesting reconsideration
of the student’s application when you present detailed information
about why the student is qualified for a student visa, and at
the very least the Embassy or Consulate will know that you are
aware of the denials and are watching the situation.
The following link provides some useful information as well as
a sample fax that can be used for communicating with the Embassy
or Consulate:
http://www.nafsa.org/content/ProfessionalandEducationalResources/ImmigrationAdvisingResources/VisaTips.htm
Thank you for your interest and cooperation on this project.
Best regards.
Bill
William M. Fish
Vice President for Advocacy, 2002-03
American Association of Intensive English Programs (AAIEP)
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AAIEP listserv posting January 25,
2003 “Schools not yet SEVIS Certified/Visa and INS news”
I. We know that several schools that registered for SEVIS certification
by submitting the electronic I-17 before the November 15, 2002
deadline, and have already been visited by the INS subcontractor,
have not received any word from INS on the adjudication of their
certification to begin using SEVIS. INS continues to report that
January 30th remains the date on which the old format I-20s will
no longer be valid, and the date when all forms I-20 may only
be issued through SEVIS. We know that this lack of a response
from INS must be of great concern to those schools still not certified
and we would like to provide support in getting this issue resolved.
We would like to request that all schools who did meet the November
15th deadline, but have still not received a response from INS
contact Karen Decker, Vice President Elect for Advocacy of AAIEP,
immediately and no later than 10:00 a.m. EST on Tuesday, January
28th with the information requested below. Karen’s e-mail
address is kdecker@icls.com.
The information we need from schools who met the November 15th
deadline is:
The name of the school:
The name of the DSO or person responsible for submitting the
I-17:
The date the I-17 was submitted:
The date of the inspection visit by the INS subcontractor
if there has been one:
We will also accept information from schools who failed to meet
the November 15th deadline, so that we can also inquire as to
when those schools might anticipate an inspection and adjudication
of their certification.
At the same time, we urge schools that did comply with the November
15th deadline, but have not yet been certified, to actively pursue
this matter with the School Officer in their Regional INS office.
As you know, the School Officer is responsible for adjudicating
all Certification applications in their districts. We know of
one institution in Boston who had met the deadline, had been inspected,
but heard nothing from INS. The school director contacted the
School Officer in the Boston regional office and was told that
the School Officer had not received the documents collected by
the subcontractor during the inspection. The school director then
insisted on hand delivering a copy of those documents to the School
Officer. After a request for some additional information was met,
the school was certified.
What will we do with the information we receive from the concerned
schools? We will be sending an urgent communication to the Director
of Student Operations for SEVIS in Washington insisting that schools
who met the November deadline either be certified by January 30th,
or be granted on January 30th a provisional status to begin using
SEVIS.
II. We know of a few schools that have ceased operation or have
announced plans to cease operation this year. To help us be better
informed of exactly how many schools have ceased operations or
will cease operations, we would like to request that you send
us the names of schools that have closed or will close in your
region.
III. DOS and INS news:
Tim Smith, Deputy Chief of the Visa Office in Washington and Stella
Jarina, Director of Student Operations for SEVIS, participated
in a panel at the Washington International Education Conference
held on Tuesday and Wednesday of this week.
Information provided by Smith included statistics on the issuance
of Non-Immigrant Visas and specifically F Visas in the last two
fiscal years:
| FY 01 |
10.5 million NIV issued |
293,000 F visas issued |
| FY 02 |
8.3 million NIV issued |
234,000 F visas issued |
Statistics on the total number of visa applications in these categories
were not made available.
Smith indicated that visa numbers have “plateaued”
in FY 03 so far. Smith also indicated that ISEMS “will definitely”
sunset on January 30th. In response to questions related to visa
denials for intending IEP students, Smith indicated that a cable
is sent out annually on this and other issues related to visa
denials that do not follow the FAM regulations. Smith noted that
this is a perennial training issue for visa officers. Smith stated
that the percentage of visa denials has not changed significantly
since 9/11.
Smith noted that the US Embassy in Caracas had temporarily ceased
visa processing. He requested that concerns with cases of perceived
unwarranted visa rejections be communicated through NAFSA or other
organizations and not be communicated by individual schools.
Two relevant NAFSA sites are:
http://www.nafsa.org//content/PublicPolicy/NAFSAontheIssues/cawgliaison.htm
http://www.nafsa.org/content/ProfessionalandEducationalResources/ImmigrationAdvisingResources/VisaTips.htm
AAIEP will be sending member schools another communication on
the data collection of visa rejections and what we are doing about
associated problems within the next week.
Stella Jarina announced that 3,300 schools had filed for certification
by November 15th. Both Smith and Jarina conceded that there was
a great deal of confusion concerning B visa students studying
on a part-time basis. Jarina indicated that it was always preferable
to have a student in F status, and conceded that there was a great
deal of gray areas in the regulations relating to B visas. She
stated that there were enough holes in the B visa status concerning
the right to study in that status “to drive a truck through.”
Both Smith and Jarina said that DOS and INS would be issuing revised
instructions concerning this matter. Jarina indicated that recreational
or avocational study is permissible on a B visa.
In response to questions, Jarina noted that transfers from B to
F were not yet barred, even if the applicant failed to notify
the INS Inspections Officer at the Port of Entry that they were
intending to study, and an annotation was not made on the student’s
I-94 that they were an intending student. Jarina indicated that
a cover letter from the school explaining the circumstances for
the application for change of status might be helpful. Jarina
indicated that the student was prohibited from beginning their
studies until the COS has been approved by INS.
Jarina also noted that students who transfer from one program
to another must begin their studies in the next available program
at the receiving institution. However, transfer students have
up to five months to begin their studies at the receiving institution
if they have “completed” the program at the sending
institution, and if the next available program at the receiving
institution is not available at an earlier date.
We recognize that some of these statements are in conflict with
previous statements made by INS officials.
We hope this information is helpful and look forward to hearing
from you. Thank you for your help.
Best regards.
Bill
William M. Fish
Vice President for Advocacy, 2002-03
American Association of Intensive English Programs (AAIEP)
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