8 U.S.C. § 1761 — Foreign student monitoring program
submitted 24 years ago by Pub. L. 107-173 to r/title-8-ALIENS-AND-NATIONALITY · 459 words · no verdicts yet
This section requires certain foreign students seeking visas to provide identifying and background information. Until the later monitoring system is fully implemented, it sets additional visa, admission, enrollment, notification, and institution-list requirements.
(a) Omitted. This subsection is omitted in the supplied text.
(b) Visa-applicant information. Before a visa in the F, M, or specified J category is issued, the applicant must give a consular officer: (1) the applicant’s address in the country of origin; (2) the names and addresses of the applicant’s spouse, children, parents, and siblings; (3) names of contacts in the country of residence who could verify information about the applicant; and (4) any previous work history, including employers’ names and addresses.
(c) Transitional program. (1) No later than 120 days after May 14, 2002, and until the section 1372 system is fully implemented: (A) a qualifying visa may not be issued unless the State Department receives electronic acceptance documentation from an approved educational institution and the consular officer adequately reviews the applicant’s visa record; (B) when an F or M visa is issued, the Secretary of State must notify the Immigration and Naturalization Service; (C) that Service must notify the approved institution when the accepted alien* is admitted; and (D) within 30 days after the class-registration deadline, the institution must report through data sharing any failure to enroll or begin participation. (2) Within 30 days after May 14, 2002, the Attorney General must give the Secretary of State a list of approved institutions authorized to receive F or M nonimmigrants. (3) Congress authorizes the sums needed to carry out this subsection.
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 1101(a)(15) of this title, each alien applying for such visa shall provide to a consular officer the following information:
The alien’s address in the country of origin.
The names and addresses of the alien’s spouse, children, parents, and siblings.
The names of contacts of the alien in the alien’s country of residence who could verify information about the alien.
Previous work history, if any, including the names and addresses of employers.
Not later than 120 days after May 14, 2002, and until such time as the system described in section 1372 of this title is fully implemented, the following requirements shall apply:
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 1101(a)(15) of this title, unless—
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
the consular officer has adequately reviewed the applicant’s visa record.
Upon the issuance of a visa under section 1101(a)(15)(F) or (M) of this title to an alien, the Secretary of State shall transmit to the Immigration and Naturalization Service a notification of the issuance of that visa.
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.
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.
Not later than 30 days after May 14, 2002, 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 1101(a)(15)(F) or (M) of this title.
There are authorized to be appropriated such sums as may be necessary to carry out this subsection.
Source credit: (Pub. L. 107–173, title V, § 501, May 14, 2002, 116 Stat. 560.)
- 2002Enacted · Pub. L. 107-173 · 116 Stat. 560
A history note hasn’t been published yet. The record shows enactment by Pub. L. 107-173 on 2002-05-14.
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