Removal of Obsolete Procedures and Requirements Related to F, J, and M Nonimmigrants

<RULE> DEPARTMENT OF HOMELAND SECURITY <SUBAGY>Immigration and Customs Enforcement</SUBAGY> <CFR>8 CFR Part 214</CFR> <DEPDOC>[DHS Docket No. ICEB-2021-0016]</DEPDOC> <RIN>RIN 1653-AA87</RIN> <SUBJECT>Removal of Obsolete Procedures and Requirements Related to F, J, and M Nonimmigrants</SUBJECT> <HD SOURCE="HED">AGENCY:</HD> U.S. Immigration and Customs Enforcement, Department of Homeland Security. <HD SOURCE="HED">ACTION:</HD> Final rule. <SUM> <HD SOURCE="HED">SUMMARY:</HD> On December 12, 2022, the Department of Homeland Security (DHS) issued an interim final rule, which amended regulations to update information that was no longer accurate since the creation of the Student and Exchange Visitor Information System (SEVIS), the Web-based system DHS uses to collect and maintain current and ongoing information on Student and Exchange Visitor Program (SEVP)-certified schools, F-1 and M-1 nonimmigrant students, and J-1 Exchange Visitor Program participants and their sponsors. DHS is now issuing this final rule that introduces no substantive changes from the interim final rule. </SUM> <EFFDATE> <HD SOURCE="HED">DATES:</HD> The effective date of this rule is May 3, 2024. </EFFDATE> <HD SOURCE="HED">ADDRESSES:</HD> Comments and related materials received from the public are available in DHS Docket No. ICEB-2021-0016. For access to the online docket, go to <E T="03">https://www.regulations.gov</E> and enter “DHS Docket No. ICEB-2021-0016” in the “Search” box. <FURINF> <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD> Sharon Snyder, Policy and Response Unit Chief, Student and Exchange Visitor Program, U.S. Immigration and Customs Enforcement, 500 12th Street SW, Stop 5600, Washington, DC 20536-5600; or by email at <E T="03">sevp@ice.dhs.gov</E> or telephone at 703-603-3400 (this is not a toll-free number). Find program information at  <E T="03">http://www.ice.gov/sevis/</E> . </FURINF> <SUPLINF> <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD> <HD SOURCE="HD1">I. Abbreviations</HD> <HD SOURCE="HD1">Abbreviation Amplification</HD> <EXTRACT> <FP SOURCE="FP-1">CEQ Council on Environmental Quality</FP> <FP SOURCE="FP-1">CFR Code of Federal Regulations</FP> <FP SOURCE="FP-1">COVID-19 Coronavirus Disease 2019</FP> <FP SOURCE="FP-1">DHS Department of Homeland Security</FP> <FP SOURCE="FP-1">DOJ Department of Justice</FP> <FP SOURCE="FP-1">DOS Department of State</FP> <FP SOURCE="FP-1">DSO Designated School Official</FP> <FP SOURCE="FP-1">EBSVERA Enhanced Border Security and Visa Entry Reform Act of 2002</FP> <FP SOURCE="FP-1">HSPD-2 Homeland Security Presidential Directive-2</FP> <FP SOURCE="FP-1">ICE U.S. Immigration and Customs Enforcement</FP> <FP SOURCE="FP-1">IIRIRA Illegal Immigration Reform and Immigrant Responsibility Act of 1996</FP> <FP SOURCE="FP-1">INA Immigration and Nationality Act</FP> <FP SOURCE="FP-1">INS Immigration and Naturalization Service</FP> <FP SOURCE="FP-1">MD Management Directive</FP> <FP SOURCE="FP-1">OMB Office of Management and Budget</FP> <FP SOURCE="FP-1">SEVIS Student and Exchange Visitor Information System</FP> <FP SOURCE="FP-1">SEVP Student and Exchange Visitor Program</FP> <FP SOURCE="FP-1">USCIS U.S. Citizenship and Immigration Services</FP> </EXTRACT> <HD SOURCE="HD1">II. Background</HD> <HD SOURCE="HD2">A. Purpose of the Regulatory Action</HD> This rule responds to public comments on the interim final rule and finalizes the removal of obsolete procedures and requirements presented in the interim final rule. This final rule introduces no substantive changes and does not raise existing costs. There are no significant changes between the interim final rule and the final rule. In alignment with the Interim Final Rule, the Final Rule places no additional burdens on F, J, and M nonimmigrants, or on sponsoring academic institutions and programs. <HD SOURCE="HD2">B. Legal Authority</HD> Section 102 of the Homeland Security Act of 2002 (Pub. L. 107-296, 116 Stat. 2135), 6 U.S.C. 112, section 103(a)(1) and (3) of the Immigration and Nationality Act (INA), and 8 U.S.C. 1103(a)(1), (3), charge the Secretary with the administration and enforcement of the immigration and naturalization laws of the United States, to include the issuance of regulations. Section 214(a) of the INA, 8 U.S.C. 1184(a), gives the Secretary the authority to prescribe the time and conditions of admission of any noncitizen as a nonimmigrant. On March 1, 2003, when the responsibilities of the former Immigration and Naturalization Service (INS) transferred from the Department of Justice (DOJ) to DHS pursuant to the Homeland Security Act of 2002, Public Law 107-296, 116 Stat. 2135 (Nov. 25, 2002), SEVP and the SEVIS functions transferred to DHS. Within DHS, U.S. Immigration and Customs Enforcement (ICE) administers SEVP by ensuring that government agencies have essential information related to nonimmigrant students and exchange visitors to preserve national security. For the sake of simplicity in this preamble, in rules promulgated prior to March 1, 2003, any reference to the INS, or “the Service” as it was referred to in the past, is now referred to as DHS, and any reference to the Attorney General is now referred to as the Secretary of Homeland Security (the Secretary). The INA established who may be admitted as F, J, or M nonimmigrants. Specifically, section 101(a)(15)(F) of the INA, 8 U.S.C. 1101(a)(15)(F), established the F classification for nonimmigrants who wish to enter the United States temporarily and solely for the purpose of pursuing a full course of study at an academic or accredited language training school certified by SEVP, as well as for the spouses and minor children of such noncitizens. Section 101(a)(15)(J) of the INA, 8 U.S.C. 1101(a)(15)(J), established the J classification for nonimmigrants who wish to come to the United States temporarily to participate in exchange visitor programs designated by the Department of State (DOS), as well as for the spouses and minor children of such noncitizens. Section 101(a)(15)(M) of the INA, 8 U.S.C. 1101(a)(15)(M), established the M classification for nonimmigrants who wish to enter the United States temporarily and solely for the purpose of pursuing a full course of study at an established vocational or other recognized nonacademic institution (other than a language training program) certified by SEVP, as well as for the spouses and minor children of such noncitizens. SEVP collects information related to nonimmigrant students and exchange visitors under various statutory authorities. Section 641 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), Public Law 104-208, 110 Stat. 3009-704 (Sep. 30, 1996) (codified as amended at 8 U.S.C. 1372), authorized the creation of a program to collect current and ongoing information from schools and exchange visitor programs regarding nonimmigrant students and exchange visitors during the course of their stay in the United States and stipulated that such information is to be collected electronically, where practicable. Section 641(e) of IIRIRA further directed that this information collection system be self-funded by the nonimmigrant foreign students and exchange visitors. To meet these requirements, DHS promulgated separate rulemakings that established the framework for SEVIS; required mandatory compliance for all schools to use SEVIS for the admission of new F, J, and M nonimmigrant students;  <SU>1</SU> <FTREF/> and provided for the collection of a fee to be paid by certain nonimmigrants seeking status as F-1, F-3, M-1, or M-3 nonimmigrant students or as J-1 nonimmigrant exchange visitors. <SU>2</SU> <FTREF/> The DOS placed similar mandatory SEVIS compliance requirements on DOS-designated Exchange Visitor Program sponsors regarding J nonimmigrants. <SU>3</SU> <FTREF/> <FTNT> <SU>1</SU>  Retention and Reporting of Information for F, J, and M Nonimmigrants; Student and Exchange Visitor Information System (SEVIS), 67 FR 76256 (Dec. 11, 2002). </FTNT> <FTNT> <SU>2</SU>  Authorizing Collection of the Fee Levied on F, J, and M Nonimmigrant Classifications Under Public Law 104-208; SEVIS, 69 FR 39814 (July 1, 2004). </FTNT> <FTNT> <SU>3</SU>  Exchange Visitor Program: SEVIS Regulations, 67 FR 76307 (Dec. 12, 2002). </FTNT> SEVP is managed in accordance with Homeland Security Presidential Directive-2 (HSPD-2), Combating Terrorism Through Immigration Policies (Oct. 29, 2001), as amended, and section 502 of the Enhanced Border Security and Visa Entry Reform Act of 2002 Public Law 107-173, 116 Stat. 543, 563 (May 14, 2002) (EBSVERA). HSPD-2 requires the Secretary to conduct periodic, ongoing reviews of institutions certified to accept F nonimmigrants, and to include checks for compliance with recordkeeping and reporting requirements. EBSVERA directs the Secretary to review the compliance with recordkeeping and reporting requirements under 8 U.S.C. 1101(a)(15)(F) and 1372 of all schools approved for attendance by F students within two years of enactment, and every two years thereafter. These additional requirements have also been promulgated in rulemakings. <SU>4</SU> <FTREF/> <FTNT> <SU>4</SU>  Allowing Eligible Schools to Apply for Preliminary Enrollment in the Student and Exchange Visitor Information System (SEVIS), 67 FR 44344 (July 1, 2002); Requiring Certification of all Service Approved Schools for Enrollment in the Student and Exchange Visitor Information System (SEVIS), 67 FR 60107 (Sept. 25, 2002); Adjusting Program Fees and Establishing Procedures for Out-of-Cycle Review and Recertification of Schools Certified by the Student and Exchange Visitor Program to Enroll F and/or M Nonimmigrant Students, 73 FR 55683 (Sept. 26, 2008). </FTNT> <HD SOURCE="HD2">C. Student and Exchange Visitor Information System</HD> SEVP uses SEVIS to maintain inform ━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━ Preview showing 10k of 62k characters. 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