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Newsletter -December 20, 2002
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Law Updates for December
INS Adds Saudi Arabia, Pakistan to Special Registration Requirements; Armenia Deleted; Advocates Organize (12/18/02)

We recently reported that the U.S. Immigration and Naturalization Service (INS) added certain nonimmigrants from Saudi Arabia and Pakistan who entered the U.S. on or before September 30, 2002, and will remain in the U.S. after February 21, 2003, to its list of those subject to special registration requirements. Armenians were also included, but the INS subsequently deleted them on December 18 from the special registration designation, rescinding its earlier notice. Only certain specified nonimmigrant aliens from the designated countries must register under the notice. Meanwhile, advocacy organizations are making efforts to provide legal help to registrants.

INS Issues Final Rule, Makes Changes in SEVIS Reporting Requirements (12/12/02)

The U.S. Immigration and Naturalization Service (INS) issued a final rule on December 11, 2002, amending its regulations governing the retention and reporting of information on F, J, and M nonimmigrants; implementing the Student and Exchange Visitor Information System (SEVIS); establishing a process for electronic reporting by designated school officials (DSOs); and providing standards for maintaining, extending, and reinstating student status. The INS said the final rule, which is effective January 1, 2003, is necessary "to improve and streamline the reporting and record keeping of F, J, and M nonimmigrants." The INS emphasized that compliance with SEVIS reporting requirements does not exempt F, J, or M nonimmigrants from requirements or restrictions associated with other applicable statutes and regulations. For example, the requirements of the Aviation and Transportation Security Act (which imposes new restrictions on providing flight training to certain aliens and requires advance notification to the Attorney General before such training can begin) are separate from, and in addition to, the law and regulations governing F, J, and M nonimmigrants.

State Dept. Publishes Interim Final Rule on SEVIS access for Exchange Visitor Program Sponsors (12/12/02)

On December 12, 2002, the U.S. Department of State (DOS) published an interim final rule (rule), effective the same day, establishing regulations and procedures for designated exchange visitor program sponsors to gain immediate access to the Student and Exchange Visitor Program (SEVP) database through the Student and Exchange Visitor Information System (SEVIS), and providing a means for organizations interested in being considered for designation to apply for authorization. Although the Attorney General has primary responsibility for implementing SEVIS, the DOS said it is promulgating this rule to set forth the SEVIS requirements that specifically pertain to exchange visitor program sponsors. The INS has addressed those areas over which they have responsibility for exchange visitors (e.g., admission, change of status, or duration of status) in a separate rule (see above).


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