Order Code RL32188
CRS Report for Congress
Received through the CRS Web
Monitoring Foreign Students
in the United States:
The Student and Exchange
Visitor Information System (SEVIS)
January 8, 2004
Alison Siskin
Analyst in Social Legislation
Domestic Social Policy Division
Congressional Research Service ˜ The Library of Congress

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Monitoring Foreign Students in the United States:
The Student and Exchange Visitor
Information System (SEVIS)
Summary
There has been increased interest in monitoring foreign students while maintaining
the long tradition of permitting international scholars to study in the United States.
There are three main avenues for students from other countries to temporarily come to
the United States to study, and each involves admission as a nonimmigrant. The three
visa categories used by foreign students are: F visas for academic study; M visas for
vocational study; and J visas for cultural exchange. Recently, the Department of
Homeland Security (DHS) implemented an electronic foreign student monitoring
system.
When Congress enacted the Illegal Immigration Reform and Immigrant
Responsibility Act (IIRIRA) of 1996, it added statutory language mandating that the
Attorney General, in consultation with the Secretaries of State and Education, develop
by January 1, 1998, a program to collect data on foreign students from at least five
countries, and mandated that by 2003, the data collection include all countries. IIRIRA
required the former Immigration and Naturalization Service (INS) to collect the
information electronically “where practical.” The USA Patriot Act of 2001 included
provisions to expand the foreign student tracking system and authorized appropriations
for the system, which was supposed to be funded through fees, paid by the students. The
Enhanced Border Security and Visa Entry Reform Act of 2002 increased monitoring of
foreign students and closed perceived loopholes.
The foreign student monitoring system created by the former INS, and mandated
in IIRIRA, is referred to as the Student and Exchange Visitor Information System
(SEVIS). SEVIS, which automated an existing manual data collection process, became
operational for all incoming students on February 15, 2003, the deadline for all
institutions which had previously been approved to admit foreign students to apply for
SEVIS certification and enter all new students into the SEVIS system. The educational
institutions were given until August 1, 2003 to enter all continuing students into the
system, the same day in which all schools were required to have their SEVIS
certification completed. There have been few stories in the press of foreign students
having problems entering the United States as a result of the implementation of SEVIS.
Nonetheless, schools have reported technical difficulties operating SEVIS, and
reported discrepancies between information received from different bureaus in DHS
regarding SEVIS operations and requirements. In addition some have concerns that it
may be difficult for foreign students to pay the fee in the manner outlined in regulations,
while others contend that the fee payment rules will not be a burden on students as most
have already made similar types of payments to apply to schools.
Prior to the implementation of SEVIS it was difficult to know when foreign
students overstayed their visas. Through SEVIS, DHS should be able to identify
students who have violated the terms of their visas; however, some question whether
DHS has the staff to locate all student visa violators, and whether it is a beneficial use
of DHS resources to do so. This report will be updated as needed.

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Contents
Background . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
Legislative History of the Student Monitoring System . . . . . . . . . . . . . . . . . . . . . 1
Illegal Immigration Reform and Immigrant Responsibility Act . . . . . . . . . . 1
The USA Patriot Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
Enhanced Border Security and Visa Reform Act . . . . . . . . . . . . . . . . . . . . . . 2
Student and Exchange Visitor Information System (SEVIS) . . . . . . . . . . . . . . . . 3
Fee Collection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
Admissions and Tracking Process . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Issues . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Management of SEVIS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Technical Support . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Reporting Burdens . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Followup on Overstays . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Fee Collection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Delays in Visa Issuances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7

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Monitoring Foreign Students in the United
States: The Student and Exchange
Visitor Information System (SEVIS)
Background
Since the Immigration Act of 1924, the United States has expressly permitted
foreign students to study in U.S. institutions. There are three main avenues for
students from other countries to temporarily come to the United States to study, and
each involves admission as a nonimmigrant. The three visa categories used by
foreign students are: F visas for academic study; M visas for vocational study; and
J visas for cultural exchange. While most nonimmigrants are admitted with visas
that have a precise expiration date, foreign postsecondary students are admitted for
“duration of status,” which lasts as long as they are full-time students or participating
according to the terms of their exchange programs.1
Legislative History of the Student Monitoring
System
Illegal Immigration Reform and Immigrant Responsibility Act
When Congress enacted the Illegal Immigration Reform and Immigrant
Responsibility Act (IIRIRA) of 1996, it added statutory language mandating that the
Attorney General, in consultation with the Secretaries of State and Education,
develop by January 1, 1998, a program to collect the following data on foreign
students from at least five countries:
! identity and address of the alien;
! nonimmigrant classification of the alien (i.e., F, J, or M
classification), date of visa issuance, and any change or extension;
! academic status of the alien (e.g., full-time enrollment); and
! any disciplinary action taken by the school, college, or university as
a result of a crime committed by the alien.
1 Parts of this report are taken from CRS Report RL31146, Foreign Students in the United
States: Policies and Legislation, by Ruth Ellen Wasem.

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CRS-2
The law mandated that the data collection be extended to include all countries by
2003. IIRIRA required the former Immigration and Naturalization Service (INS)2 to
collect the information electronically “where practical.” It also mandated that
educational institutions report this information to INS as a condition of continued
approval to enroll foreign students. In addition, the law required, as of April 1, 1997,
that the educational institutions collect a fee (not to exceed $100) from each of the
foreign students to remit to the Attorney General to carry out the program. The 106th
Congress amended this provision so that the INS rather then the institutions would
collect the fee (P.L. 106-396).3
The USA Patriot Act
The USA Patriot Act (P.L. 107-56) included provisions to expand the foreign
student tracking system and authorized $36.8 million in appropriations for the foreign
student monitoring system. It also required that by January 1, 2003, the INS was to
have the foreign student tracking system established by §641 of IIRIRA fully
operational.
The Act required the Attorney General, in consultation with the
Secretary of State, to include information on the date of entry and port of entry on
every foreign student. The Act also expanded the foreign student tracking system to
include “other approved educational institutions” such as air flight schools, language
training schools, or vocational schools approved by the Attorney General, in
consultation with the Secretaries of State and Education.
Enhanced Border Security and Visa Reform Act
The Enhanced Border Security and Visa Reform Act of 2002 (P.L. 107-173)
further strengthened the foreign student tracking system by establishing electronic
means to monitor and verify:
! documentation of acceptance of student by approved school or
designated exchange program;
! transmittal of documentation to the Department of State (DOS);
! issuance of nonimmigrant visa to student or exchange visitor;
! admission of student or exchange visitor to the U.S.;
! notice to school or exchange program that nonimmigrant has been
admitted to the U.S.;
! registration and enrollment of nonimmigrant in school or exchange
program; and
! any other relevant act by the nonimmigrant, including changing schools
or programs.4
2 The Homeland Security Act of 2002 (P.L. 107-296) abolished the Immigration and
Naturalization Service (INS) and transferred most of its functions to various bureaus in the
new Department of Homeland Security (DHS) effective Mar. 1, 2003. The Bureau of
Immigration and Customs Enforcement (ICE) within DHS is charged with maintaining the
foreign student tracking system.
3 Reportedly, the fee was never collected.
4 For further discussion and analysis, see CRS Report RL31146, Foreign Students in the
(continued...)

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CRS-3
Student and Exchange Visitor Information System
(SEVIS)
The foreign student monitoring system created by the INS is referred to as the
Student and Exchange Visitor Information System (SEVIS).5 SEVIS automated an
existing manual data collection process. INS issued a final rule regarding the retention
and reporting of information regarding foreign students on December 11, 2002. The
December 11, 2002 regulation implemented SEVIS, establishing a process for the
electronic reporting of information on foreign students. SEVIS became operational for
all incoming students on February 15, 2003, the deadline for all institutions which had
previously been approved to admit foreign students to apply for SEVIS certification6 and
enter all new students into the SEVIS system.7 On May 23, 2003, DHS issued an interim
regulation, effective on the same date, amending previous regulations dealing with
foreign students and establishing the verification and reporting procedures required for
SEVIS.8 The educational institutions were given until August 1, 2003, the same day in
which all schools were required to have their SEVIS certification completed, to enter all
continuing students into the system.
Fee Collection
IIRIRA required, as of April 1, 1997, that the educational institutions collect a fee
(not to exceed $100) from each foreign student to remit to the Attorney General to carry
out the program.
On December 21, 1999, INS published a proposed regulation
regarding the collection of the fee by schools and remittance of the fees to the Attorney
General.9 INS received 4,617 comments on the regulation, the majority of which
responded that fee collection for a governmental agency was not an appropriate activity
for academic institutions. The 106th Congress amended the fee provision in IIRIRA so
that INS rather than the institutions would collect the fee (P.L. 106-396). Interim
4 (...continued)
United States: Policies and Legislation, by Ruth Ellen Wasem.
5 From June 1997 to Oct. 1999, the INS conducted the first pilot program known as the
Coordinated Interagency Partnership Regulating International Students (CIPRIS) at 21
educational institutions in Georgia, Alabama, North Carolina, and South Carolina, at
Atlanta’s Hartsfield Airport, and at the Texas Service Processing Center. In July 2001, the
INS announced that the second phase of its foreign student monitoring system, referred to
as the Student and Exchange Visitor Information System (SEVIS), would begin at 12 Boston
area institutions in Nov. 2001.
6 Prior to the implementation of SEVIS, schools that wished to enroll foreign students had
to seek approval from DHS. Certification to enroll in SEVIS now functions as approval to
admit foreign students. The rules for certification are codified in 8 CFR §214.3. Institutions
which admitted foreign students prior to the creation of SEVIS were required to apply for
SEVIS certification. At this time, schools not certified to enroll in SEVIS cannot accept
foreign students.
7 Federal Register, vol. 67, no. 283, Dec. 11, 2002, pp. 76256-76280; Federal Register, vol.
68, no. 100, May 23, 2003, p. 28129.
8 Federal Register, vol. 68, no. 100, May 23, 2003, pp. 28129-28132.
9 Federal Register, vol 64, no. 244, Dec. 21, 1999, pp. 71323-71331.

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CRS-4
regulations on fee collection were issued on October 27, 2003.10 The regulation
specifies that the fee is to be $100,11 and can be paid electronically with a credit card,
or by mail with a check or money order drawn on a U.S. bank and payable in U.S.
dollars.12 At this time, fees are not being collected from foreign students for the
program, and as a result, the operating budget for SEVIS comes from DHS
appropriations.13
Admissions and Tracking Process
Foreign students who wish to study in the United States must first apply to a SEVIS
certified school. Once the student is admitted, the school enters the student’s name and
identifying information into the SEVIS system.14 The foreign student may then apply
for a student visa with the United States Embassy or Consulate in their home country.15
The consular officer then enters the visa information into SEVIS, confirming that the
student is in the SEVIS database. The consular officer also checks the prospective
student against other databases to ascertain whether the student is eligible for a visa (i.e.,
the prospective student is not a security risk, does not have criminal record, or any other
issue which would render the prospective student inadmissible to the United States
under the Immigration and Nationality Act).16
When the student arrives at a port of entry in the United States, an immigration
inspector confirms that the student has a record in the SEVIS database, and enters the
student’s arrival into the SEVIS database. The schools are then responsible, 30 days
after the start of the academic term, to note in the SEVIS system if the student has shown
up for class, and the course of study being pursued. The school has an ongoing
responsibility to report any change in the student’s status (i.e., expulsion, suspension,
change in major, graduation) in SEVIS.
Schools are also required to provide
information on people who have derivative status (such as a student’s spouse or child)
on a student’s visa.
10 Federal Register, vol. 68, no. 207, Oct. 27, 2003, pp. 61148-61157.
11 Applicants for J-1 visas who work as au pairs, camp counselors, or participants in summer
work travel programs are subject to a reduced fee of $35, while J-1 visa holders who are
visitors in an exchange program sponsored by the federal government are exempt from
paying the fee. IIRIRA §431(e) as amended by §110 of P.L. 106-553 (signed into law on
Dec. 21, 2000).
12 This regulation also exempts from paying the fee aliens who paid the SEVIS fee, but their
original visa application was denied, if they reapply for a student visa within 9 months.
13 INS only received appropriations specifically for SEVIS in FY2002.
14 This process generates an I-20 form (Certificate of Eligibility for Nonimmigrant Student
Status) which is generated by the SEVIS computer program.
15 A visa may only be issued within 90 days of the course of study registration date.
Applications received more than 90 days in advance are held until a visa can be issued.
16 For more information on the role of consular officers in determining eligibility for
nonimmigrant visas see CRS Report RL31381, U.S. Immigration Policy on Temporary
Admissions, by Ruth Ellen Wasem. For more information on specific databases (such as
TIPOFF and CLASS) which are used by consular officers to aid in determining an
applicant’s eligibility for a visa see CRS Report RL31019, Terrorism: Automated Lookout
Systems and Border Security Options and Issues, by William J. Krouse and Raphael F. Perl.

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CRS-5
Issues
Management of SEVIS. Congress has held several hearings on SEVIS.17
Although no hearings have been held after the full implementation of SEVIS, many of
the issues raised during the hearings seem to remain. There are reportedly issues with
SEVIS that stem from the abolition of INS and the division of many of its functions into
three components in DHS — the Bureau of Citizenship and Immigration Services
(USCIS), the Bureau of Immigration and Customs Enforcement (ICE), and the Bureau
of Customs and Border Protection (CBP).
SEVIS was developed by the INS’
Immigration Services Division which is now part of USCIS, but responsibility for
SEVIS was placed in ICE.
Reportedly, as of November 1, 2003, all SEVIS
responsibilities have been transferred to ICE. Specifically, ICE is responsible for
maintaining the SEVIS database, SEVIS policy, and certifying schools. Nonetheless,
schools have reported discrepancies between information received from USCIS and ICE
regarding SEVIS operations and requirements. The lack of consistent information and
guidance has reportedly led to some frustration, but the consistency of information may
improve now that all SEVIS functions are concentrated in one bureau. Others have
noted problems with inexperienced staff in the new DHS, and the difficulty of people
at the district levels (who are under USCIS and with whom the schools have the most
contact) in getting information from ICE.18
Nonetheless, there have been few stories in the press of foreign students having
problems entering the United States as a result of the implementation of SEVIS.19
Possibly one reason is that, to aid in the transition to SEVIS, DHS established a SEVIS
Response Team to work with inspectors, schools and students to resolve issues and
problems related to student admissions to the United States.20 In fact, some have praised
DHS’ responsiveness to issues raised by the schools.21
17 For example, House Committee on Science, Dealing with Foreign Students and Scholars
in the Age of Terrorism: Visa Backlogs and Tracking Systems, Mar. 26, 2003; House
Subcommittee on Immigration, Border Security, and Claims, Nonimmigrant Student
Tracking: Implementation and Proposed Modifications, hearing, Apr. 2, 2003; House
Subcommittee on Infrastructure and Border Security, Balancing Security and Commerce,
hearing, June 13, 2003.
18 Conversation with Victor Johnson, of NAFSA, Association of International Educators,
Nov. 20, 2003. (Hereafter cited as Conversation with Victor Johnson.)
19 For examples of stories see “Student Tracking System a Bear,” Times Union (Albany,
NY), Sept. 4, 2003, p. B3; Susanne Gamboa, “Nearly 200 Who Tried to Enter U.S. on
Student Visas Turned Away,” Associated Press, Sept. 9, 2003; and Kendra Hamilton,
“Spending Time on SEVIS,” Black Issues in Higher Education, vol. 20, no. 15, Sept. 11,
2003, pp. 24-26. Asa Hutchinson, the Undersecretary for BTS, reported that one of the
cases turned away led the agency to investigate a possible conspiracy to bring people
illegally to the United States. See Asa Hutchinson, “190 Missing from Database Turned
Away,” Milwaukee Journal Sentinel, Sept. 10, 2003, p. A4.
20 Jill Drury, Director, SEVIS Program Office, Bureau of Immigration and Customs
Enforcement, Memorandum for All Academic Institutions that Admit Foreign Students, July
25, 2003.
21 Conversation with Victor Johnson.

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CRS-6
Technical Support.
In addition, Johnny N. Williams, Interim Director,
Immigration Interior Enforcement at ICE, testified that since SEVIS is a new system that
was developed and deployed under an aggressive schedule, that he could not guarantee
that there would not be technical problems with the system, but that the department
would work quickly to address the problems.22 Indeed, as predicted, schools have
reported technical difficulties operating SEVIS, and noted that to circumvent some of
the technical problems, they need to create incorrect records.23 Other concerns have
been expressed about the fact that SEVIS system information is kept by record number
and not names. Some students have more than one record and this can make it difficult
to update the database, and possibly cause issues when and if SEVIS becomes part of
U.S. VISIT, DHS’ automated entry/exit system.
Reporting Burdens. Additionally, some contend that SEVIS has placed an
added burden on schools, as they are now responsible for noting in the SEVIS system
changes of those accompanying the students such as spouses and children. They are
required to report on people who are not enrolled in their institutions.
Schools are required to note in SEVIS when a student has entered the country, but
has not shown up for classes. Thus, schools are supposed to be notified when a student
enters at a port of entry (POE), but, reportedly, this does not always happen. As a result,
schools are worried about sanctions that may be applied if they do not report a student
who failed to attend classes, and who the school was unaware had entered the country.24
Followup on Overstays. Furthermore, prior to the implementation of SEVIS
it was difficult to know when foreign students overstayed their visas, because the visas
lack a fixed termination date and schools, although required to report students who
stopped attending, were not required to systematically report data on the progress of
each foreign student. Through SEVIS, DHS should be able to identify students who
have violated the terms of their visas;25 however, some have questioned whether DHS
has the staff to locate all student visa violators, and whether it is a beneficial use of DHS
resources to do so. There are also concerns that SEVIS errors will lead to unwarranted
enforcement action taken against innocent students.
Fee Collection. Concerns have been raised about the methods available for
students to pay the SEVIS fee, specifically that it may be difficult for some foreign
students to pay the fee in either of the prescribed manners: electronically with a credit
card, or by mail with a check or money order drawn on a U.S. bank and payable in U.S.
dollars. DHS addressed this issue in the regulation contending that the fee payment
22 Technical difficulties have included bleeding — the unintended merging of data from one
school to another, intermittent inability of schools to access the system, inability of schools
to use the batch mode of data entry, inability to alphabetize entries, and problems with real-
time access. Johnny N. Williams, Interim Director, Immigration Interior Enforcement,
Bureau of Immigration and Customs Enforcement, and David Ward, President, American
Council on Education, Testimony before the House Subcommittee on Immigration, Border
Security, and Claims, Nonimmigrant Student Tracking: Implementation and Proposed
Modifications, hearing, Apr. 2, 2003.
23 Conversation with Victor Johnson.
24 Ibid.
25 Johnny N. Williams, Testimony, Nonimmigrant Student Tracking, Apr. 2, 2003.

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CRS-7
rules will not be much of a burden on students as most have already made similar types
of payments to apply to schools, and to take standardized tests that are sometimes
required for admission. DHS also noted that many foreign banks are able to issue
checks or money orders drawn on U.S. banks. Additionally, some are concerned that
the fee is excessive and will discourage students from studying in the U.S. Others note
that immigration services are supported by fees, not by appropriations, and that the
foreign students, not the taxpayers, should be responsible for funding SEVIS. DHS
contends that it studied the fee issue, and will reexamine the fee every 2 years to
determine if the fee amount is appropriate.26
Delays in Visa Issuances. Lastly, one issue tangentially related to SEVIS,
which has been receiving interest, is reports of delays in issuing student visas.27
Nonetheless, it is unclear whether the delays are related to SEVIS or are the result of
increased screening by DOS consular officers. In May 2003, DOS released a notice on
the current visa processing situation which stated:
Responding to the attacks of September 11, 2001,...[v]isa applications are now
subject to a greater degree of scrutiny than in the past. For many applicants, a
personal appearance interview is required as a standard part of visa processing.
Additionally, applicants affected by these procedures are informed of the need
for additional screening at the time they submit their applications and are being
advised to expect delays. The time needed for adjudication of individual cases
will continue to be difficult to predict.
26 Federal Register, vol. 68, no. 207, Oct. 27, 2003, p. 61151. Some groups, such as
NAFSA: Association of International Educators, have suggested having the Department of
State (DOS) collect the fee at the same time that the fee for the visa application is collected.
Others contend that this would cause an extra burden on DOS and would be an added cost
for those whose visa applications were not approved.
27 For examples see Jaime Swanson, “In the Dark: Foreign Students May Have to Wait
Months for Visas,” Northern Star, Sept. 22, 2003, p. A4; Eric Rowley, “International
Students, Faculty Have Long Delays for Visas,” Iowa State Daily, p. A1.

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