68 Fed.Reg. 47460 (August 11, 2003), amending 22 CFR 41.12
Shortly after INS issued its F-1 border commuter student regulation, the Border Commuter Student Act of 2002 [Pub. L. 107-274, 116 Stat. 1923 (November 2, 2002)] created two new nonimmigrant student visa categories, F-3 and M-3, for Canadian and Mexican citizens who study in the United States but who live in their home country and commute to academic or vocational classes in the United States.
In 2003, the Department of State promulgated this regulation to list the F-3 and M-3 nonimmigrant visa categories at 22 CFR 41.12. However, DHS has not yet issued regulations to implement the F-3 or M-3 categories, nor has it updated SEVIS to accomodate them.
Although DHS has told NAFSA that admissions in F-3 status should not be occurring, the existence of a valid statute and DOS regulation, but no DHS regulation or SEVIS functionality, has given rise to instances of F-3 visas being issued by DOS and F-3 admissions being made by CBP. NAFSA will continue to bring this to the attention of SEVP. In the meantime, advisers who encounter students who have been documented in F-3 status may wish to contact SEVP for guidance.