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DOS cable UNCLAS STATE 079909 (April 30, 2005), the Department of State's annual field cable to consular sections, addresses topics such as Data Fixes and SEVI hits, and the SEVIS I-901 fee.
Cable Text
R 300143Z APR 05 FM SECSTATE WASHDC TO ALL DIPLOMATIC AND CONSULAR POSTS COLLECTIVE UNCLAS STATE 079909 TO CONSULAR SECTIONS FROM ASSISTANT SECRETARY MAURA HARTY E.O. 12958: N/A TAGS: CVIS SUBJECT: STUDENT VISA UPDATE REF: (A) 04 STATE 274054 (B) 04 STATE 265431 (C) 04 STATE 154060 (D) 04 STATE 70079 1. I would like to thank consular officers world-wide for all your efforts last summer and fall in ensuring that applicants for student and exchange visitor visas had the opportunity to apply for visas in order to arrive for their programs in the United States in time. Although applications for student visas declined by seven percent between FY 03 and FY 04, the number of student visas issued actually increased one and one half percent. We expect this decline in student visa applications to reverse itself and resume its normal growth pattern this year. 2. I would like to pay special compliments to those consular officers who have been active in outreach to the student and academic communities in your host countries. We are very interested in reports from consular officers who have made efforts to speak to student groups in the past, or who have plans in place to do so as the student visa season kicks in. Accessibility to Student Applicants Is Important ------------------------------------------------ 3. Reftels have stressed the importance of making sure that students, either first-time or continuing, have every opportunity to apply for a visa in time to make their program start dates. In many countries, the high season for students corresponds with the high season for travel in general. Some countries continue to have longer waiting periods for appointments. It is vital that students and exchange visitors know that they can get priority scheduling for their visa applications. Managing consular officers should make sure that the information on how to obtain a priority appointment is clearly visible on the consulate web site. In addition, consulates that employ off-site call centers or other agents to schedule visa interviews should make sure that the staff working at these agencies are alert to this policy and know how to provide a priority appointment for students and exchange visitors. Of course, any applicant looking for a priority appointment should have an I-20 or DS-2019 already in hand. Data Fixes and SEVI Hits ------------------------ 4. I'd like to alert consular officers to the possibility that you may see an increased number of student applicants with SEVI hits. As described in REF A, the SEVIS database automatically tracks students, and if for some reason the record is not properly updated or if there is a technical problem, the system eventually will change the student's status from "active" to "terminated." Based on this information in the SEVIS database, the ICE Compliance Enforcement Unit places a TECS lookout on the student, which then generates a SEVI hit in CLASS. The student or exchange visitor may actually be maintaining proper status in the United States and may be unaware of the hit. 5. At present, schools cannot correct their own records; they must ask DHS' SEVIS office to enter the data fixes. While DHS is working to correct these data errors in SEVIS, a large number of inaccurate SEVI hits are being added to the lookout system in the meantime. The SEVI hit is not an ineligibility in and of itself; rather it is an indicator that the subject may have violated status. 6. Consular officers need to examine all available information to determine if a violation has occurred. Individuals with a SEVI hit who are applying for an F, M, or J visa may or may not have a current SEVIS record in active status. (While ordinarily we should not issue visas to persons with SEVIS status other than "INITIAL" or "ACTIVE," if a data fix is pending the record will not yet have been reactivated.) If the student or exchange visitor can demonstrate that he or she has been maintaining status, such as through an academic transcript showing continuous full-time student status, or a letter from a school indicating that they have properly filed paperwork for a data fix for this particular student, consular officers may issue an F or J visa over the SEVI hit. 7. Posts can also contact the ICE Compliance Enforcement Unit (CEU) for information about the basis of an individual SEVI entry. The CEU will make every effort to respond to any inquiries within one week. If a new visa is issued over a SEVI hit, post should also notify ICE/CEU so that the CEU can remove the lookout. Provide as much information as possible on how the determination was made, that no violation occurred and that issuing a new visa was warranted. 8. If posts have been seeing a large number of unjustified SEVI hits, or have had problems in resolving them, please notify CA/VO/F/P. The SEVIS I-901 Fee ------------------- 9. Consular officers more and more will be encountering students who must pay the SEVIS I-901 fee before applying for their F, M, or J visas. If you encounter students or exchange visitors who have problems paying the SEVIS fee please refer them to the Student and Exchange Visitor Program (SEVP) in DHS that administers the I-901 fee payment process. The e-mail address is [email protected] The SEVIS fee only applies to students and scholars beginning a new program of study or research from September 1, 2004. Continuing students and scholars whose program start dates are prior to September 1, 2004, are not subject to the fee. The program start date on the I-20 or DS-2019 is controlling. Consular officers should make sure that consular staff and adjudicating officers understand when the fee is required, and make sure that consulate websites have correct information about SEVIS fee payment options. The best way to ensure that up-to-date information on the SEVIS fee is available to your applicants is to hotlink the DHS SEVIS webpage, www.ice.gov/sevis and SEVIS I-901 fee payment website, www.fmjfee.com, with your own consulate website. If consular officers have any doubt as to whether an applicant is required to pay, they may contact the SEVP office directly at [email protected] 10. Exchange visitors participating in a program sponsored by the Federal Government whose program number prefix begins with "G-1," "G-2," or "G-3" are statutorily exempt from the fee. Applicants whose I-20 or DS-2019 was issued before September 1, 2004, to begin a new program or issued for a continuation of an on-going program, are also not subject to the fee, even if the actual form presented at the application was created after that date. Dependents of the primary student or exchange visitor applicant are not required to pay the fee. Aliens in the United States who are studying while in another nonimmigrant classification do not receive I-20s or DS-2019s and are not subject to the SEVIS fee. Fs vs. Ms - Not the Same Visa ----------------------------- 11. Several schools have reported that some consular officers are issuing F-1 visas to vocational students who should be issued M-1 visas. Consular officers should take care to ensure that they are issuing the appropriate visa, either F-1 or M-1, following information on the I-20. While the old I-20 M-N form was printed in yellow, both the academic and non-academic versions of the I-20 are now printed through the SEVIS system by the issuing schools, and consular officers must be careful to distinguish between the two. Many Options Available in U.S. Education ---------------------------------------- 12. Foreign students look to the United States for the diversity and the wide array of educational choices we offer. Consular officers should remember that different institutions meet the needs of different students, from four-year colleges to two-year colleges, vocational programs, English-language programs and others. Intensive English programs serve students who have not benefited from an English-language background and are a springboard to further academic study or serve as ends in themselves for professional or vocational reasons. Just as in the U.S., many foreign students may wish to pursue two-year degrees or begin their studies in community colleges before transferring to four-year institutions to obtain other degrees. In all cases, the key question remains whether or not applicants can demonstrate that they are bona-fide students able to complete their intended coursework. 13. Many thanks, once again, for all of your hard work. 14. Minimize considered. RICE NNNN