Summary of Federal Laws
Students
Miscellaneous Laws
The Immigration and Nationality Act of 1952 (as amended)
8 U.S.C. § 1101 et seq.; 8 U.S.C. §1372 ; 8 CFR § 214
For immigration matters related to employment, see the Immigration and Nationality Act (as amended) in the section of this summary on Employment and Equal Employment Opportunity.
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 Fed. Reg. 55683 Sept. 26, 2008
This final rule establishes procedures for the recertification of colleges or universities participating in the Student Exchange and Visitor Program, with students on a F or M visa. Fee increases are included for certain categories. See the
NAFSA chart for the fee hikes effective October 27, 2008. See also the
SEVP guidance and chart.
Proposed Rule on 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 or M Nonimmigrant Students, 73 Fed. Reg. 21260 (April 21, 2008)
This proposed rule would take effect Oct. 1, 2008.
The proposed rule would would adjust the fees
for schools seeking to admit F or M students; adjust the fees paid by individual F, M or J nonimmigrants; implement mandatory review of fees collected by SEVP; set the fee for submitting a school certification petition at $1700, plus $655 for each site; set the fee for each F or M student at $200; and for most J exchange visitors at $180. The rule also would impose procedures for recertification by schools participating in the Student and Exchange Visitor Program. Schools will be advised of the school's certificaiton expiration date. Designated School Officials will be notified 180 days prior to the school's certification expiration date.
Extending Periods of Optional Practical Training by 17 months (from 12 months to 29 months) for F-1 Nonimmigrants: Dept. of Homeland Security: Interim Final Rule issued 4/2/08
This rule applies to F-1 students who have completed a science, technology, engineering or math degree and accept employment with employers enrolled in the E-Verify employment verification program.
Final Rule: Documents Required for Travelers Departing From or Arriving in the United States at Sea and Land Ports of-Entry From Within the Western Hemisphere; 73 Fed. Reg. 18384, April 3, 2008.
Effective June 1, 2009, this rule finalizes the second phase of a joint Department of Homeland Security and Department of State plan, known as the Western Hemisphere Travel Initiative, to implement new documentation requirements for U.S. citizens and certain nonimmigrant aliens enteringthe United States. This final rule details the documents U.S. citizens1 and nonimmigrant citizens of Canada,Bermuda, and Mexico will be required to present when entering the United States from within the Western Hemisphere. See the Dept. of State Western Hemisphere Travel Initiative page for a short summary of current and future necessary documentation. For current rules on travel for international students see the Travel Page of International Student and Scholar Services.
Cases of Interest
Equal Access Education v. Merten, U.S. District Court, Eastern District of Virginia,
Feb. 24, 2004 order and opinion. This case was a challenge brought to the Sept. 5, 2002 Attorney General Memorandum stating that illegal and undocumented aliens should not be admitted into Virginia Public Colleges and Universities. The memo urged reporting to the federal government the presence of illegal aliens on campus. Plaintiffs claimed that various of Virginia's post-secondary educational institutions violate the Constitution's Supremacy, Commerce, and Due Process clauses by denying admission to illegal aliens or to persons they believe to have an "illegal," "unlawful," or "undocumented" immigration status. The Court found no violation as long as the defendants use federal immigration standards to identify which applicants are illegal aliens.
Helpful Resources:
CUA International Student and Scholar Services resource page on the Real ID Act of 2005 and Drivers Licenses: Includes the law, proposed rule, and presentations on the law.
Text of letter issued by ICE on May 9th, 2008: Affirms that DHS does not require school to determine student status, or report to DHS if they know student is out of status.
Social Security Numbers and Foreign Nationals: A resource page from The Catholic University of America International Student and Scholar Services Office
Social Security Numbers have become a key element many aspects of life in the U.S. Recent developments restrict the availability of Social Security Numbers for foreign nationals. This page provides resource documents for understanding the role of SSNs in various parts of U.S. business/society.
GAO (General Accounting Office) Report on Performance of Foreign Student Exchange and Visitor Information System(SEVIS)
NAFSA Regulatory Information Page
5/7/09 updated by mlo to fix links and add compliance partner; removed old material
compliance box links updated 6/9/09 rab
updated 6/21/09 to add related policies
Last Revised 21-Jun-09 02:21 PM.
