80 FR 74120 - Agency Information Collection Activities: Revision Notice; Student and Exchange Visitor Information System Forms I-20
DEPARTMENT OF HOMELAND SECURITY
United States Immigration and Customs Enforcement Federal Register Volume 80, Issue 228 (November 27, 2015)
United States Immigration and Customs Enforcement
Federal Register Volume 80, Issue 228 (November 27, 2015)
| Page Range | 74120-74121 | |
| FR Document | 2015-30127 |
[Federal Register Volume 80, Number 228 (Friday, November 27, 2015)] [Notices] [Pages 74120-74121] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-30127] ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY United States Immigration and Customs Enforcement Agency Information Collection Activities: Revision Notice; Student and Exchange Visitor Information System Forms I-20 ACTION: 30-Day notice of Information collection for review; Form No. I- 20; Certificate of Eligibility for Nonimmigrant (F-1) Student Status-- For Academic and Language Students, and the Form I-20, Certificate of Eligibility for Nonimmigrant (M-1) Student Status--For Vocational Students; OMB Control No. 1653-0038. ----------------------------------------------------------------------- The Department of Homeland Security (DHS), U.S. Immigration and Customs Enforcement (ICE), is submitting the following information collection request for review and clearance in accordance with the Paperwork Reduction Act of 1995. The information collection is published in the Federal Register (FR) to obtain comments from the public and affected agencies. Written comments and suggestions regarding items contained in this notice should be directed to the Department of Homeland Security, Scott Elmore, Forms Management Office, U.S. Immigration and Customs Enforcement, 801 I Street NW., Mailstop 5800, Washington, DC 20536- 5800. SUMMARY: This FR notice pertains to all schools certified to enroll F-1 and/or M-1 nonimmigrant students. DHS's Student and Exchange Visitor Program (SEVP) performs and manages these certifications, as well as oversees the F-1 and M-1 students. SEVP uses the Form I-20, Certificate of Eligibility for Nonimmigrant (F-1) Student Status--For Academic and Language Students, and the Form I-20, Certificate of Eligibility for Nonimmigrant (M-1) Student Status--For Vocational Students, which are issued solely through the Student and Exchange Visitor Information System (SEVIS), as an instrument to facilitate the oversight process and to document student eligibility for nonimmigrant benefits. The Forms I-20 are being modified to reflect current DHS branding, remove obsolete information, and modernize the forms' layout to improve readability. The old Forms I-20 sunset on July 1, 2016; after that date, they will no longer be accepted at ports-of-entry, nor suffice for any other nonimmigrant benefit application by either F-1 and M-1 students or their F-2 and M-2 accompanying dependents. Authority: The authority for DHS/SEVP to manage the program comes from the following sources:Sections 101(a)(15)(F)(i) and (M)(i), of the Immigration and Nationality Act of 1952 (INA), as amended (Pub. L. 82-414, 66 Stat. 163, June 27, 1952), codified under Title 8 of the United States Code (U.S.C.) 1101(a)(15)(F) and (M), under which a foreign national may be admitted to the United States in nonimmigrant status as [cir] A student to attend an SEVP-certified academic school or language training program (F-1), [cir] A student to attend an SEVP-certified vocational or other recognized nonacademic institution (M-1), respectively, or [cir] An accompanying F-2 or M-2 dependent spouse or minor child, respectively. Section 641 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, Public Law 104-208, Div. C, 110 Stat. 3009-546, September 30, 1996, codified at 8 U.S.C. 1372, which authorized the following: [cir] Creation of a program to collect current and ongoing information provided by schools regarding F or M nonimmigrants during the courses of their stay in the United States. [cir] Use of electronic reporting technology where practicable. [cir] DHS certification of schools to participate in F-1 or M-1 student enrollment. Section 416(b) of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001, Public Law 107-56, 115 Stat. 272, October 26, 2001 (USA PATRIOT Act), as amended, which provides for the collection of alien date of entry and port of entry information of aliens whose information is collected under 8 U.S.C. 1372. Homeland Security Presidential Directive No. 2 (HSPD-2), Combating Terrorism Through Immigration Policies, which requires DHS to ``conduct periodic reviews of all institutions certified to receive nonimmigrant students.'' ``These reviews shall include checks for compliance with record keeping and reporting requirements'' and authorize the termination of certification for institutions that fail to comply. 37 Weekly Comp. Pres. Docs. 1570, 1571-72 (Oct. 29, 2001). Section 502 of the Enhanced Border Security and Visa Entry Reform Act of 2002, Public Law 107-173, 116 Stat. 543, May 14, 2002, codified at 8 U.S.C. 1762, which directs DHS to review compliance with recordkeeping and reporting requirements under 8 U.S.C. 1372 and INA section 101(a)(15)(F) and (M), 8 U.S.C. 1101(a)(15)(F) and (M), of all schools approved to receive F or M nonimmigrants within two years of enactment, and every two years thereafter. Accordingly, as directed by DHS, SEVP certifies, reviews, recertifies and collects data from schools enrolling F-1 and M-1 students. The specific data collection requirements for SEVP-certified schools associated with these laws are identified comprehensively in the Code of Federal Regulations (CFR) at 8 CFR 214.3. Under the combined mandates of the USA PATRIOT Act and HSPD-2, the U.S. Immigration and Naturalization Service (INS) received funding and accelerated the development of SEVIS. Soon after, the INS published rules in the FR implementing supporting modifications to 8 CFR 214, Nonimmigrant Classes. 67 FR 60107 (September 25, 2002); and 67 FR 76256, (December 11, 2002). The Homeland Security Act of 2002, Public Law 107-296, 116 Stat. 2135 (codified at 6 U.S.C. Chapter 1) created DHS, which came into effect on March 1, 2003. DHS encompasses and replaces the INS. Simultaneously, DHS established ICE, now the second largest criminal investigations agency in the [[Page 74121]] U.S. government. ICE subsequently created SEVP to administer SEVIS. How does this notice affect SEVP-certified schools? SEVP-certified schools must replace old Forms I-20 with the new version, produced through SEVIS. All prospective and active F-1 and M-1 students and their accompanying F-2 and M-2 dependents must be issued and use the new Forms I-20 no later than June 30, 2016. SEVP will not approve additional time for schools to comply. How does this notice affect F-1 and M-1 students and their F-2 and M-2 dependents? All prospective and active F-1 and M-1 students and their accompanying F-2 and M-2 dependents must be issued and use new Forms I- 20 no later than June 30, 2016. The old Forms I-20 will sunset on July 1, 2016. At that time, bearers of the old Forms I-20 will be denied admission at ports-of-entry; old Forms I-20 will not be accepted as supporting documentation with applications for other nonimmigrant benefits. How is SEVIS used to support F and M nonimmigrant admission into, and oversight while in, the United States? SEVIS is an internet-based reporting and tracking system that is accessible by U.S. government agencies involved in the admission and oversight of nonimmigrants in the United States, as well as by authorized officials at SEVP-certified schools and Department of State (DOS)-designated exchange visitor programs. Data and information on F and/or M nonimmigrants are maintained in SEVIS, collected during the admission process and throughout the length of their stay in the United States. Foreign students who wish to study in the United States must first apply to an SEVP-certified school. When a foreign student accepts an offer to study, a designated school official at the applicable school will access SEVIS to enter the relevant student and accompanying dependent information electronically prior to issuing a Form I-20 to each individual that will be applying for admission into the United States. Authorized consular officials use SEVIS data through an interface to the DOS Consolidated Consular Database to support the visa issuance process, and to report associated F and/or M visa issuances to DHS. U.S. Customs and Border Protection officials access SEVIS information at ports-of-entry to verify or clarify a prospective F or M nonimmigrant's entry eligibility. Dated: November 18, 2015. Scott Elmore, Program Manager, Forms Management Office, Office of the Chief Information Officer, U.S. Immigration and Customs Enforcement, Department of Homeland Security. [FR Doc. 2015-30127 Filed 11-25-15; 8:45 am] BILLING CODE 9111-28-P
![74120 Federal Register / Vol. 80, No. 228 / Friday, November 27, 2015 / Notices
system that is collected from a person if 801 I Street NW., Mailstop 5800, Æ DHS certification of schools to
that person, or his or her agent, seeks Washington, DC 20536–5800. participate in F–1 or M–1 student
access or amendment of such SUMMARY: This FR notice pertains to all enrollment.
information. schools certified to enroll F–1 and/or • Section 416(b) of the Uniting and
The Privacy Act, however, requires M–1 nonimmigrant students. DHS’s Strengthening America by Providing
DHS to maintain an accounting of the Student and Exchange Visitor Program Appropriate Tools Required to Intercept
disclosures made pursuant to all (SEVP) performs and manages these and Obstruct Terrorism Act of 2001,
routines uses. Disclosing the fact that a certifications, as well as oversees the F– Public Law 107–56, 115 Stat. 272,
law enforcement or intelligence agency 1 and M–1 students. SEVP uses the October 26, 2001 (USA PATRIOT Act),
has sought particular records may affect Form I–20, Certificate of Eligibility for as amended, which provides for the
ongoing law enforcement activities. The Nonimmigrant (F–1) Student Status— collection of alien date of entry and port
Secretary of Homeland Security, For Academic and Language Students, of entry information of aliens whose
pursuant to 5 U.S.C. 552a(j)(2), and the Form I–20, Certificate of information is collected under 8 U.S.C.
exempted this system from the Eligibility for Nonimmigrant (M–1) 1372.
following provisions of the Privacy Act: Student Status—For Vocational • Homeland Security Presidential
Sections (c)(3), (e)(8), and (g) of the Students, which are issued solely Directive No. 2 (HSPD–2), Combating
Privacy Act of 1974, as amended, as is through the Student and Exchange Terrorism Through Immigration
necessary and appropriate to protect Policies, which requires DHS to
Visitor Information System (SEVIS), as
this information. Further, DHS has ‘‘conduct periodic reviews of all
an instrument to facilitate the oversight
exempted section (c)(3) of the Privacy institutions certified to receive
process and to document student
Act of 1974, as amended, pursuant to 5 nonimmigrant students.’’ ‘‘These
eligibility for nonimmigrant benefits.
U.S.C. 552a(k)(2) as is necessary and reviews shall include checks for
The Forms I–20 are being modified to
appropriate to protect this information. compliance with record keeping and
reflect current DHS branding, remove
reporting requirements’’ and authorize
Dated: November 16, 2015. obsolete information, and modernize the
the termination of certification for
Karen L. Neuman, forms’ layout to improve readability.
institutions that fail to comply. 37
Chief Privacy Officer, Department of The old Forms I–20 sunset on July 1,
Weekly Comp. Pres. Docs. 1570, 1571–
Homeland Security. 2016; after that date, they will no longer 72 (Oct. 29, 2001).
[FR Doc. 2015–30303 Filed 11–25–15; 8:45 am] be accepted at ports-of-entry, nor suffice • Section 502 of the Enhanced Border
BILLING CODE 9110–04–P
for any other nonimmigrant benefit Security and Visa Entry Reform Act of
application by either F–1 and M–1 2002, Public Law 107–173, 116 Stat.
students or their F–2 and M–2 543, May 14, 2002, codified at 8 U.S.C.
DEPARTMENT OF HOMELAND accompanying dependents. 1762, which directs DHS to review
SECURITY Authority: The authority for DHS/ compliance with recordkeeping and
SEVP to manage the program comes reporting requirements under 8 U.S.C.
United States Immigration and from the following sources: 1372 and INA section 101(a)(15)(F) and
Customs Enforcement • Sections 101(a)(15)(F)(i) and (M)(i), (M), 8 U.S.C. 1101(a)(15)(F) and (M), of
of the Immigration and Nationality Act all schools approved to receive F or M
Agency Information Collection
of 1952 (INA), as amended (Pub. L. 82– nonimmigrants within two years of
Activities: Revision Notice; Student
414, 66 Stat. 163, June 27, 1952), enactment, and every two years
and Exchange Visitor Information
codified under Title 8 of the United thereafter.
System Forms I–20 Accordingly, as directed by DHS,
States Code (U.S.C.) 1101(a)(15)(F) and
ACTION: 30-Day notice of Information (M), under which a foreign national may SEVP certifies, reviews, recertifies and
collection for review; Form No. I–20; be admitted to the United States in collects data from schools enrolling F–
Certificate of Eligibility for nonimmigrant status as 1 and M–1 students. The specific data
Nonimmigrant (F–1) Student Status— Æ A student to attend an SEVP- collection requirements for SEVP-
For Academic and Language Students, certified academic school or language certified schools associated with these
and the Form I–20, Certificate of training program (F–1), laws are identified comprehensively in
Eligibility for Nonimmigrant (M–1) Æ A student to attend an SEVP- the Code of Federal Regulations (CFR) at
Student Status—For Vocational certified vocational or other recognized 8 CFR 214.3.
Students; OMB Control No. 1653–0038. nonacademic institution (M–1), Under the combined mandates of the
respectively, or USA PATRIOT Act and HSPD–2, the
The Department of Homeland U.S. Immigration and Naturalization
Æ An accompanying F–2 or M–2
Security (DHS), U.S. Immigration and Service (INS) received funding and
dependent spouse or minor child,
Customs Enforcement (ICE), is accelerated the development of SEVIS.
respectively.
submitting the following information Soon after, the INS published rules in
collection request for review and • Section 641 of the Illegal the FR implementing supporting
clearance in accordance with the Immigration Reform and Immigrant modifications to 8 CFR 214,
Paperwork Reduction Act of 1995. The Responsibility Act of 1996, Public Law Nonimmigrant Classes. 67 FR 60107
information collection is published in 104–208, Div. C, 110 Stat. 3009–546, (September 25, 2002); and 67 FR 76256,
the Federal Register (FR) to obtain September 30, 1996, codified at 8 U.S.C. (December 11, 2002).
1372, which authorized the following:
mstockstill on DSK4VPTVN1PROD with NOTICES
comments from the public and affected The Homeland Security Act of 2002,
agencies. Æ Creation of a program to collect Public Law 107–296, 116 Stat. 2135
Written comments and suggestions current and ongoing information (codified at 6 U.S.C. Chapter 1) created
regarding items contained in this notice provided by schools regarding F or M DHS, which came into effect on March
should be directed to the Department of nonimmigrants during the courses of 1, 2003. DHS encompasses and replaces
Homeland Security, Scott Elmore, their stay in the United States. the INS. Simultaneously, DHS
Forms Management Office, U.S. Æ Use of electronic reporting established ICE, now the second largest
Immigration and Customs Enforcement, technology where practicable. criminal investigations agency in the
VerDate Sep<11>2014 19:01 Nov 25, 2015 Jkt 238001 PO 00000 Frm 00050 Fmt 4703 Sfmt 4703 E:\FR\FM\27NON1.SGM 27NON1](https://thefederalregister.org/doc/80_FR_74348/page/1.svg)
![Federal Register / Vol. 80, No. 228 / Friday, November 27, 2015 / Notices 74121
U.S. government. ICE subsequently Dated: November 18, 2015. homeless, (2) its intention to declare the
created SEVP to administer SEVIS. Scott Elmore, property excess to the agency’s needs, or
Program Manager, Forms Management Office, (3) a statement of the reasons that the
How does this notice affect SEVP-
Office of the Chief Information Officer, U.S. property cannot be declared excess or
certified schools? Immigration and Customs Enforcement, made available for use as facilities to
SEVP-certified schools must replace Department of Homeland Security. assist the homeless.
old Forms I–20 with the new version, [FR Doc. 2015–30127 Filed 11–25–15; 8:45 am] Properties listed as suitable/available
produced through SEVIS. All BILLING CODE 9111–28–P will be available exclusively for
prospective and active F–1 and M–1 homeless use for a period of 60 days
students and their accompanying F–2 from the date of this Notice. Where
and M–2 dependents must be issued DEPARTMENT OF HOUSING AND property is described as for ‘‘off-site use
and use the new Forms I–20 no later URBAN DEVELOPMENT only’’ recipients of the property will be
than June 30, 2016. SEVP will not required to relocate the building to their
approve additional time for schools to [Docket No. FR–5828–N–48]
own site at their own expense.
comply. Homeless assistance providers
Federal Property Suitable as Facilities
How does this notice affect F–1 and M– To Assist the Homeless interested in any such property should
1 students and their F–2 and M–2 send a written expression of interest to
dependents? AGENCY: Office of the Assistant HHS, addressed to: Ms. Theresa M.
Secretary for Community Planning and Ritta, Chief Real Property Branch, the
All prospective and active F–1 and Development, HUD.
M–1 students and their accompanying Department of Health and Human
F–2 and M–2 dependents must be ACTION: Notice. Services, Room 5B–17, Parklawn
issued and use new Forms I–20 no later Building, 5600 Fishers Lane, Rockville,
SUMMARY: This Notice identifies MD 20857, (301) 443–2265 (This is not
than June 30, 2016. The old Forms I–20 unutilized, underutilized, excess, and
will sunset on July 1, 2016. At that time, a toll-free number.) HHS will mail to the
surplus Federal property reviewed by interested provider an application
bearers of the old Forms I–20 will be HUD for suitability for use to assist the
denied admission at ports-of-entry; old packet, which will include instructions
homeless. for completing the application. In order
Forms I–20 will not be accepted as
FOR FURTHER INFORMATION CONTACT: to maximize the opportunity to utilize a
supporting documentation with
applications for other nonimmigrant Juanita Perry, Department of Housing suitable property, providers should
benefits. and Urban Development, 451 Seventh submit their written expressions of
Street SW., Room 7266, Washington, DC interest as soon as possible. For
How is SEVIS used to support F and M 20410; telephone (202) 402–3970; TTY complete details concerning the
nonimmigrant admission into, and number for the hearing- and speech- processing of applications, the reader is
oversight while in, the United States? impaired (202) 708–2565 (these encouraged to refer to the interim rule
SEVIS is an internet-based reporting telephone numbers are not toll-free), or governing this program, 24 CFR part
and tracking system that is accessible by call the toll-free Title V information line 581.
U.S. government agencies involved in at 800–927–7588. For properties listed as suitable/to be
the admission and oversight of SUPPLEMENTARY INFORMATION: In excess, that property may, if
nonimmigrants in the United States, as accordance with 24 CFR part 581 and subsequently accepted as excess by
well as by authorized officials at SEVP- section 501 of the Stewart B. McKinney GSA, be made available for use by the
certified schools and Department of Homeless Assistance Act (42 U.S.C. homeless in accordance with applicable
State (DOS)-designated exchange visitor 11411), as amended, HUD is publishing law, subject to screening for other
programs. Data and information on F this Notice to identify Federal buildings Federal use. At the appropriate time,
and/or M nonimmigrants are and other real property that HUD has HUD will publish the property in a
maintained in SEVIS, collected during reviewed for suitability for use to assist Notice showing it as either suitable/
the admission process and throughout the homeless. The properties were available or suitable/unavailable.
the length of their stay in the United reviewed using information provided to For properties listed as suitable/
States. Foreign students who wish to HUD by Federal landholding agencies unavailable, the landholding agency has
study in the United States must first regarding unutilized and underutilized decided that the property cannot be
apply to an SEVP-certified school. buildings and real property controlled declared excess or made available for
When a foreign student accepts an offer by such agencies or by GSA regarding use to assist the homeless, and the
to study, a designated school official at its inventory of excess or surplus property will not be available.
the applicable school will access SEVIS Federal property. This Notice is also Properties listed as unsuitable will
to enter the relevant student and published in order to comply with the not be made available for any other
accompanying dependent information December 12, 1988 Court Order in purpose for 20 days from the date of this
electronically prior to issuing a Form I– National Coalition for the Homeless v. Notice. Homeless assistance providers
20 to each individual that will be Veterans Administration, No. 88–2503– interested in a review by HUD of the
applying for admission into the United OG (D.D.C.). determination of unsuitability should
States. Authorized consular officials use Properties reviewed are listed in this call the toll free information line at 1–
SEVIS data through an interface to the Notice according to the following 800–927–7588 for detailed instructions
mstockstill on DSK4VPTVN1PROD with NOTICES
DOS Consolidated Consular Database to categories: Suitable/available, suitable/ or write a letter to Ann Marie Oliva at
support the visa issuance process, and unavailable, and suitable/to be excess, the address listed at the beginning of
to report associated F and/or M visa and unsuitable. The properties listed in this Notice. Included in the request for
issuances to DHS. U.S. Customs and the three suitable categories have been review should be the property address
Border Protection officials access SEVIS reviewed by the landholding agencies, (including zip code), the date of
information at ports-of-entry to verify or and each agency has transmitted to publication in the Federal Register, the
clarify a prospective F or M HUD: (1) Its intention to make the landholding agency, and the property
nonimmigrant’s entry eligibility. property available for use to assist the number.
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Document Created: 2015-12-14 14:05:50
Document Modified: 2015-12-14 14:05:50
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | 30-Day notice of Information collection for review; Form No. I- 20; Certificate of Eligibility for Nonimmigrant (F-1) Student Status-- For Academic and Language Students, and the Form I-20, Certificate of Eligibility for Nonimmigrant (M-1) Student Status--For Vocational Students; OMB Control No. 1653-0038. | |
| FR Citation | 80 FR 74120 |
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