Chapter 1 - Purpose and Background (2024)

A. Purpose

The F and M nonimmigrant visa categories are for noncitizens seeking to study in the United States. The nonimmigrant academic student (F-1) classification allows a noncitizen to enter the United States as a full-time student at a U.S. college, university, seminary, conservatory, academic high school, private elementary school, other academic institution, or in a language training program.[1]

The nonimmigrant vocational student (M-1) classification includes students in established vocational or other recognized nonacademic programs, excluding language training programs.[2]

B. Background

The Immigration and Nationality Act (INA) is the primary body of law governing immigration and visa operations and provides for the admission of various classes of nonimmigrants, including foreign students.[3] The Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA) created the requirement for a program to collect information for tracking and monitoring foreign students from approved institutions of higher education, other approved educational institutions, and designated exchange visitor programs in the United States.[4]

IIRIRA led to legacy Immigration and Naturalization Service (INS) initiating a pilot program in 1997 to monitor the academic progress and movement of foreign students and exchange visitors from entry into the United States to departure. This program was known as the Coordinated Interagency Partnership Regulating International Students (CIPRIS).

As part of reforms following September 11, 2001, legacy INS renamed CIPRIS to the Student and Exchange Visitor Information System (SEVIS). Legacy INS also established the U.S. Immigration and Customs Enforcement (ICE) Student and Exchange Visitor Program (SEVP) to manage SEVIS.[5]

IIRIRA, as amended by the Enhanced Border Security and Visa Entry Reform Act of 2002, required that legacy INS establish an electronic means to monitor and verify the acceptance of noncitizen students by schools. The amended IIRIRA also mandated that schools notify legacy INS when a foreign student fails to enroll within 30 days after the end of a school’s enrollment period.[6]

The Homeland Security Act of 2002 transferred the authority and functions of legacy INS into the newly created DHS.[7] Those functions relating to SEVIS and SEVP were placed within ICE.

In 2004, DHS published a final rule amending regulations requiring payment of a fee by certain noncitizens seeking status as F-1, F-3, M-1 or M-3 nonimmigrant students.[8]

In 2008, DHS again amended its regulations and adjusted application fees for that certain noncitizens who are seeking status as F-1, F-3, M-1, or M-3 nonimmigrant students.[9]

On December 14, 2010, President Obama signed the Accreditation of English Language Training Programs Act, which amended INA 101(a)(15)(F)(i) to state that F-1 nonimmigrant students intending to pursue an English language training course of study must enroll in an English language training program that has been accredited by a regional or national accrediting agency recognized by the Department of Education.[10]

C. Legal Authorities

• INA 101(a)(15)(F)-Academic student definition
• INA 101(a)(15)(M)-Vocational student definition
• INA 214(m) - Nonimmigrant elementary and secondary school students
• INA 248; 8 CFR 248 - Change of nonimmigrant classification
• 8 CFR 214.2(f) - Students in colleges, universities, seminaries, conservatories, academic high schools, elementary schools, other academic institutions, and in language training programs
• 8 CFR 214.2(m) - Students in established vocational or other recognized nonacademic institutions, other than in language training programs
• 8 CFR 214.3 - Approval of schools for enrollment of F and M nonimmigrants
• 8 CFR 214.13 - SEVIS fee for certain F, J, and M nonimmigrants
• 8 CFR 274a.12(c) - Aliens who must apply for employment authorization
• 22 CFR 41.61 - Students - academic and nonacademic

Footnotes

[^ 1] See INA 101(a)(15)(f).

[^ 2] See INA 101(a)(15)(m). See 22 CFR 41.61(b)(1).

[^ 3] According toINA 101(a)(15)(f), a noncitizen is eligible for an F visa if they: have a residence in foreign country which they have no intention of abandoning, are a bona fide student qualified to pursue a full course of study and who seeks to enter the United States temporarily and solely for the purpose of pursuing such a course of study consistent withINA 214(l)at an established college, university, seminary, conservatory, academic high school, elementary school, or other academic institution or in an accredited language training program in the United States.INA 101(a)(15)(m) provides that a noncitizen who has a residence in a foreign country which they have no intention of abandoning who seeks to enter the United States temporarily and solely for the purpose of pursuing a full course at an established vocational or other recognized institution (other than in a language training program) in the United States is eligible for an M visa. The INA has been amended several times, including by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), Division C, Title III ofPub. L. 104-208 (PDF)(September 30, 1996),the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA PATRIOT ACT) Act of 2001,Pub. L. 107-56 (PDF) (October 26, 2001), the Enhanced Border Security and Visa Entry Reform Act of 2002,Pub. L. 107-173 (PDF) (May 14, 2002), and the Homeland Security Act of 2002,Pub. L. 107-296 (PDF) (November 25, 2002).

[^ 4] SeeSection 641 of IIRIRA,Pub. L. 104-208 (PDF),110 Stat. 3009, 3009–704 (September 30, 1996).

[^ 5]IIRIRA required the creation of a program to collect information relating to nonimmigrant foreign students and exchange visitor program participants during the course of their stay in the United States. See Section 641 of IIRIRA,Pub. L. 104–208 (PDF),110 Stat. 3009, 3009–704(September 30, 1996). The program became known as ICE SEVP and its core technology became known as SEVIS. A number of rules outline the requirements and procedures for SEVIS. They include:67 FR 34862 (PDF) (May 16, 2002) (proposed rule for implementing SEVIS);67 FR 44344 (PDF) (Jul. 1, 2002) (interim rule for schools to apply for preliminary enrollment in SEVIS);67 FR 60107 (PDF) (Sept. 25, 2002) (interim rule for certification of schools applying for enrollment in SEVIS);67 FR 76256 (PDF) (Dec. 11, 2002) (final DHS rule implementing SEVIS);67 FR 76307 (PDF) (Dec. 12, 2002) (Department of State interim final rule implementing SEVIS);69 FR 39814 (PDF) (Jul. 1, 2004) (final rule authorizing fee collection for F, J and M nonimmigrant classifications); and73 FR 55683 (PDF) (Sept. 26, 2008) (final rule adjusting program fees and establishing procedures for out-of-cycle review and recertification of schools certified by the SEVP to enroll F and M nonimmigrant students).

[^ 6] See theEnhanced Border Security and Visa Entry Reform Act of 2002,Pub. L. 107-173 (PDF) (May 14, 2002).

[^ 7] See the Homeland Security Act of 2002,Pub. L. 107-296 (PDF) (November 25, 2002).

[^ 8] See69 FR 39814 (PDF) (Jul. 1, 2004) (final rule).

[^ 9]Section 641(e) of IIRIRA,Pub. L. 104–208 (PDF),110 Stat. 3009, 3009–706 (September 30, 1996), requires that a fee be established and charged to students or exchange visitors tracked in SEVIS to fund the program and further requires that the fee be used only for ICE SEVP related purposes. SEVIS Remittance for Certain F, J and M Visa nonimmigrants (Form I-901) fees are deposited into a sub-account within the Immigration Examination Fee Account and maintained for ICE SEVP use. See73 FR 55683 (PDF) (Sept. 26, 2008).

[^ 10] See the Accreditation of English Language Training Programs Act,Pub. L. 111-306 (PDF) (December 14, 2010).