R 030259Z JAN 03 FM SECSTATE WASHDC TO ALL DIPLOMATIC AND CONSULAR POSTS SPECIAL EMBASSY PROGRAM AMEMBASSY CARACAS AMEMBASSY DUSHANBE AMEMBASSY KABUL
UNCLAS STATE 001452
VISAS, FOR CONSULS, ALSO FOR PAO'S
E.O. 12958: N/A TAGS: CVIS, KPAO SUBJECT: SEVIS AND NEW STUDENT AND EXCHANGE VISITOR FORMS
REF: A) STATE 113328, B) STATE 254094 and previous
1. Summary: During the month of January 2003 consular sections will be granted access to the INS Student and Exchange Visitor Information System (SEVIS). Septel will advise posts of the SEVIS "go-live" date and expand on instructions contained in this cable. SEVIS is the permanent system that will record electronically all significant events in the U.S. "careers" of international students (F and M visas) and exchange visitor program participants (J visas.) Beginning January 30, 2003, all forms I-20 issued by academic and vocational educational institutions, and all forms DS- 2019 issued by exchange visitor program sponsors, must be created within the SEVIS system. For those documents created on or after that date only the SEVIS system can be used to electronically verify their provenance in support of visa applications. See paras 8-12 for preliminary SEVIS verification and issuance instructions. Reminder: SEVIS is not yet live and as yet not available as described in paras 8-12.
2. SEVIS will replace ISEAS as the mechanism for electronic verification of prospective student/exchange visitor status. As of January 30, 2003 educational institutions and exchange visitor program sponsors will no longer be able to enter records in ISEAS (see reftels B.) However, ISEAS will remain available to consular employees as a means of verifying both non-SEVIS forms I-20/DS-2019 issued prior to January 30, 2003, as well as some SEVIS-generated forms I-20/DS-2019. Consular officers adjudicating F, J and M visa cases must be alert to the issuance date of the I-20/DS-2019 at hand, and the implications for the validity of the document as well as the method of electronic verification. First- time students and exchange visitors will be able to enter the U.S. with non-SEVIS documents issued prior to January 30, 2003. However, after that date all continuing students must present a SEVIS-generated form I-20 or DS-2019 in support of a visa application. See para 5. See reftel A for background on SEVIS, some of which is repeated in this cable, as well as a description of SEVIS-generated forms I-20 and DS-2019. End Summary.
---------- Background ----------
3. SEVIS (the Student and Exchange Visitor Information System) is an internet-based INS system that will track F, M and J visa participants from the time they receive their initial documentation (either an I-20 or a DS- 2019) until they graduate/leave school or conclude/leave program. The legislative mandate for SEVIS is Section 641 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (P.L. 104-208), requiring that INS, in consultation with the Departments of State and Education, establish a reporting and tracking system, preferably electronic, for collecting and maintaining data and information on foreign students and exchange visitors. Other significant legislative milestones are Public Law No. 106-396, which gave INS the responsibility for imposing and determining the amount of the mandated SEVIS user fee (currently deferred), and the USA PATRIOT Act of October 2001 (P.L. 107-56), which allotted $36.8 million to support the nationwide deployment of SEVIS by the end of calendar year 2002.
4. INS launched SEVIS as a voluntary interactive website for I-20 A/B and I-20 M/N issuing institutions on July 1, 2002. Batch-mode enhancement, enabling schools to transfer information through software linkages (allowing them to transfer multiple foreign student files to SEVIS rather than laboriously enter them a case at a time) followed later in the year. The INS SEVIS final rule regulating participation by F and M visa-issuing institutions was published in the Federal Register on December 11, 2002. On December 12, 2002 the State Department's Bureau of Educational and Cultural Affairs published in the Federal Register an interim final rule indicating that all designated exchange visitor program sponsors are required to be enrolled in SEVIS in order to be able to continue sponsoring nonimmigrants as exchange visitors. Both the INS and the ECA rules make clear the fact that compliance is mandatory by January 30, 2003. All new forms I-20 and DS-2019 issued on or after that date must be SEVIS compatible documents.
----------------------------------------- Continuing Students and Exchange Visitors -----------------------------------------
5. Both the INS and ECA rules state that information on all continuing students and exchange visitors must be entered into SEVIS by August 1, 2003. The practical effect of this rule is that academic and non-academic educational institutions and exchange visitor program sponsors must update all non-SEVIS records and associated forms I-20 and DS-2019 issued prior to January 30, 2003, and replace them with documents created within SEVIS by the first of August. Both rules state that certain reportable actions, including the need for a new visa, will necessitate the issuance of a SEVIS document prior to August 1, 2003. Therefore, all forms I-20 and DS-2019 issued to continuing/continuing students and exchange visitor participants on or after January 30, 2003, and presented in support of a visa application, must be SEVIS documents with corresponding entries in the SEVIS database.
--------------- SEVIS Documents ---------------
6. The SEVIS-compliant versions of the I-20 are the Form I- 20A-B/I-20ID, Certificate of Eligibility for Nonimmigrant (F-1) Student Status - For Academic and Language Students, and Form I-20M-N/I-20ID, Certificate of Eligibility for Nonimmigrant (M-1) Student Status - For Vocational Students. These are one-page documents with a two-dimensional (2D) bar code on the right-hand side. The Form DS-2019 that will be used in SEVIS is a one-page document that, like the SEVIS-compliant forms I-20, features a (2D) bar code on the right-hand side. Unlike the non-SEVIS versions of the I-20 and the DS- 2019, dependents will be issued their own copies of Form I-20/DS-2019. See reftel A.
7. Note: In order to meet a particular statutory requirement for data entry, exchange visitor program participants will, for the first few months of the SEVIS program, actually receive two documents from their exchange program sponsors. The first is their one-page SEVIS-generated DS-2019 as described above. The second document is a duplicate of the DS-2109 with a diagonal, watermark-style word processing legend indicating the form is for INS data processing. Should an applicant tender this version of the DS-2019 in support of a visa application, post should return the page with instructions to remit it to the INS inspector at the U.S. port of entry. These "watermarked" copies of the SEVIS form DS-2019 should not/not be accepted in lieu of the original. End note.
------------ SEVIS How-to ------------
8. Three separate processes are required for SEVIS data to be made available to consular sections worldwide, and to accommodate the associated report back to the SEVIS database of the issuance of F, J and M visas. First, SEVIS data is pushed from INS over the existing "Datashare" link between INS and CA. Second, within CA's information systems the Datashare load of pushed SEVIS data is delivered to the Consolidated Consular Database (CCD) for presentation of SEVIS information to consular sections in the field. Third, visa issuance data will flow back to INS through the present Datashare process.
9. In the early months of SEVIS deployment consular employees will be obliged to perform certain data acquisition and entry functions that future generations of NIV software will automate. To access SEVIS data, consular employees will need to click on the "Consular Tools" hyperlink on the CA Intranet web page, select the NIV tab and select "SEVIS Lookup." From there, searches for SEVIS records can be conducted on the basis of names or the SEVIS ID number (See next para). For consular section, SEVIS acts as a verification mechanism much like ISEAS, in that prior to visa issuance the I-20/DS- 2019 presented with the visa application must be verified against an electronic database. That electronic database is accessed through a separate computer function, as ISEAS verification is accomplished.
10. However, unlike ISEAS, SEVIS calls for extra NIV data- entry steps in order to record and report SEVIS verification. Until instructed otherwise, whenever an F, J or M visa is printed the SEVIS ID number - an eleven character alphanumeric code beginning with the letter "N" - must be entered beginning as the first characters on the first line of the annotation field followed by a space. After that space the balance of the visa annotation can be entered. This annotation policy must be followed religiously in order to allow for recognition of the SEVIS code at INS ports of entry until information system upgrades permit INS inspectors to acquire the SEVIS ID number electronically. Septel will advise the field when entry of the SEVIS ID in the MRV annotation field is no longer required.
11. In the coming weeks the new NIV package, NIV 4.01, will be distributed to consular sections worldwide. As has been reported separately, NIV 4.01 incorporates many more data entry fields then the current NIV software package. Among the new data fields is a dedicated field for the entry of the SEVIS ID. Entry of this SEVIS ID in NIV 4.01 does not/not relieve you of the need to enter the SEVIS ID in the annotation field of the MRV as well. Only the septel referred to in para 8 will grant that authority.
12. To sum up, here is a preliminary step-by-step SEVIS verification and reporting guide. Septel announcing SEVIS availability to consular sections will contain further specific instructions.
- Prospective student or exchange visitor tenders SEVIS- generated I-20 or DS-2019. - Consular employee accesses CA Intranet web page. - Consular employee clicks on the "Consular Tools" hyperlink, then selects the NIV tab. - Consular employee selects "SEVIS Lookup." - Consular employee conducts SEVIS record check on the basis of names or the SEVIS ID number; confirms provenance of document. - Visa adjudicated. - If visa approved, enter SEVIS ID number as first characters of the first line of the MRV annotation field, followed by a space and the balance of the visa annotation. - Once NIV 4.01 loaded at post, SEVIS ID number entered in the dedicated data entry field.
---------------------- ISEAS-SEVIS Transition ----------------------
13. As has been widely reported, ISEAS - the Department's Interim Student and Exchange Authentication System (see Refs B) - will sunset with full SEVIS implementation on January 30, 2003. On or shortly after that date the ISEAS internet site which is open to institutional users (i.e. F, J and M visa sponsors) for the entry of ISEAS records will no longer be available, and SEVIS will become the vehicle for student and exchange visitor status verification - the role currently filled by ISEAS. However, since institutional users have been instructed to enter ISEAS data on all forms issued before January 30, 2003, whether or not the documents are SEVIS-compliant, there will be a transition period to allow consular verification of ISEAS records related to forms I-20 and DS-2019 issued prior to that date. Septel will provide more information regarding the length of this transition period.
14. During this period of transition consular employees often will be called upon to check both ISEAS and SEVIS when verifying forms I-20 and DS-2019. Bear in mind that any SEVIS document, regardless of its issuance date, should have a supporting SEVIS entry. Therefore, when seeking verification information for a SEVIS- generated document consular employees should check SEVIS first. When such verifications are successful there is no need to double-check and verify the record in ISEAS. In some cases, issues associated with data transfer between CA and INS may have inhibited the transfer of verification information for some SEVIS documents issued prior to January 30, 2003. When seeking verification of a SEVIS I-20 or DS-2019 issued prior to that date, and there is no supporting SEVIS record, consular employees should check ISEAS before suspending the case under 221(g) and advising the applicant to contact his or her institution regarding the need for an electronic record. Bear in mind that for a document issued before January 30, 2003, electronic verification can be accomplished within ISEAS, or via an e-mail verification according to the workaround procedures described in reftels B. For documents issued on or after January 30, 2003, SEVIS will be the only option for electronic verification.
15. During this period of transition ISEAS and all ISEAS rules regarding e-mail work-around will remain available for status verifications of first-time students or exchange visitors presenting a non-SEVIS I-20 or DS- 2019. After January 30, 2003, and for the length of the transition period, only first-time students or exchange visitors have the option of presenting a non-SEVIS document. As reported in para 5 above, all continuing students and exchange visitors must have a SEVIS- compatible document if they are applying for a visa after January 30, 2003.
16. Department thanks posts in advance for their support during the transition to SEVIS verification and issuance procedures.
17. Minimize considered. POWELL
NNNN
|