Monitoring Foreign Students in the United States: The Student and Exchange Visitor Information System (SEVIS) (CRS Report for Congress)
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| Release Date |
Revised Jan. 24, 2006 |
| Report Number |
RL32188 |
| Report Type |
Report |
| Authors |
Alison Siskin, Domestic Social Policy Division |
| Source Agency |
Congressional Research Service |
| Older Revisions |
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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, and to have their SEVIS certification completed. Currently, there are 599,617 active
students in SEVIS.
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. Additionally, some
have noted delays in student visa processing. 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. Others are concerned that clerical errors will lead to unwarranted enforcement actions.
This report will be updated as needed.
