Pub. L. 107-173, tit. V, sec. 501

FOREIGN STUDENT MONITORING PROGRAM.

EnactedYear: 2002Length: 1,050 wordsOfficial source
SEC. 501. FOREIGN STUDENT MONITORING PROGRAM. (a) Strengthening Requirements for Implementation of Monitoring Program.— (1) Monitoring and verification of information.—Section 641(a) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1372(a)) is amended by adding at the end the following: “(3) Aliens for whom a visa is required..—The Attorney General, in consultation with the Secretary of State, shall establish an electronic means to monitor and verify— “(A) the issuance of documentation of acceptance of a foreign student by an approved institution of higher education or other approved educational institution, or of an exchange visitor program participant by a designated exchange visitor program; “(B) the transmittal of the documentation referred to in subparagraph (A) to the Department of State for use by the Bureau of Consular Affairs; “(C) the issuance of a visa to a foreign student or an exchange visitor program participant; “(D) the admission into the United States of the foreign student or exchange visitor program participant; “(E) the notification to an approved institution of higher education, other approved educational institution, or exchange visitor program sponsor that the foreign student or exchange visitor participant has been admitted into the United States;116 STAT. 561 “(F) the registration and enrollment of that foreign student in such approved institution of higher education or other approved educational institution, or the participation of that exchange visitor in such designated exchange visitor program, as the case may be; and “(G) any other relevant act by the foreign student or exchange visitor program participant, including a changing of school or designated exchange visitor program and any termination of studies or participation in a designated exchange visitor program. “(4) Reporting requirements.—Not later than 30 days after the deadline for registering for classes for an academic term of an approved institution of higher education or other approved educational institution for which documentation is issued for an alien as described in paragraph (3)(A), or the scheduled commencement of participation by an alien in a designated exchange visitor program, as the case may be, the institution or program, respectively, shall report to the Immigration and Naturalization Service any failure of the alien to enroll or to commence participation.”. (2) Additional requirements for data to be collected.—Section 641(c)(1) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1372(c)(1)) is amended— (A) by striking “and” at the end of subparagraph (C); (B) by striking the period at the end of subparagraph (D) and inserting “; and”; and (C) by adding at the end the following: “(E) the date of entry and port of entry; “(F) the date of the alien’s enrollment in an approved institution of higher education, other approved educational institution, or designated exchange visitor program in the United States; “(G) the degree program, if applicable, and field of study; and “(H) the date of the alien’s termination of enrollment and the reason for such termination (including graduation, disciplinary action or other dismissal, and failure to reenroll).”. (3) Reporting requirements.—Section 641(c) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1372(c)) is amended by adding at the end the following new paragraph: “(5) Reporting requirements.—The Attorney General shall prescribe by regulation reporting requirements by taking into account the curriculum calendar of the approved institution of higher education, other approved educational institution, or exchange visitor program.”. (b) Information Required of the Visa Applicant.—Prior to the issuance of a visa under subparagraph (F), subparagraph (M), or, with respect to an alien seeking to attend an approved institution of higher education, subparagraph (J) of section 101(a)(15) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)), each alien applying for such visa shall provide to a consular officer the following information: (1) The alien’s address in the country of origin.116 STAT. 562 (2) The names and addresses of the alien’s spouse, children, parents, and siblings. (3) The names of contacts of the alien in the alien’s country of residence who could verify information about the alien. (4) Previous work history, if any, including the names and addresses of employers. (c) Transitional Program.— (1) In general.—Not later than 120 days after the date of enactment of this Act and until such time as the system described in section 641 of the Illegal Immigration Reform and Immigrant Responsibility Act (as amended by subsection (a)) is fully implemented, the following requirements shall apply: (A) Restrictions on issuance of visas.—A visa may not be issued to an alien under subparagraph (F), subparagraph (M), or, with respect to an alien seeking to attend an approved institution of higher education, subparagraph (J) of section 101(a)(15) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)), unless— (i)the Department of State has received from an approved institution of higher education or other approved educational institution electronic evidence of documentation of the alien’s acceptance at that institution; and (ii)the consular officer has adequately reviewed the applicant’s visa record. (B) Notification upon visa issuance.—Upon the issuance of a visa under section 101(a)(15) (F) or (M) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(F) or (M)) to an alien, the Secretary of State shall transmit to the Immigration and Naturalization Service a notification of the issuance of that visa. (C) Notification upon admission of alien.—The Immigration and Naturalization Service shall notify the approved institution of higher education or other approved educational institution that an alien accepted for such institution or program has been admitted to the United States. (D) Notification of failure of enrollment.—Not later than 30 days after the deadline for registering for classes for an academic term, the approved institution of higher education or other approved educational institution shall inform the Immigration and Naturalization Service through data-sharing arrangements of any failure of any alien described in subparagraph (C) to enroll or to commence participation. (2) Requirement to submit list of approved institutions.—Not later than 30 days after the date of enactment of this Act, the Attorney General shall provide the Secretary of State with a list of all approved institutions of higher education and other approved educational institutions that are authorized to receive nonimmigrants under section 101(a)(15) (F) or (M) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(F) or (M)). (3) Authorization of appropriations.—There are authorized to be appropriated such sums as may be necessary to carry out this subsection.
Pub. L. 107-173, tit. V, sec. 501: FOREIGN STUDENT MONITORING PROGRAM. | Justis AI