U.S Code last checked for updates: Nov 22, 2024
All TitlesTitle 8Chapter 12Subchapter IIPart IX
§ 1372.
Program to collect information relating to nonimmigrant foreign students and other exchange program participants
(a)
In general
(1)
Program
The Attorney General, in consultation with the Secretary of State and the Secretary of Education, shall develop and conduct a program to collect from approved institutions of higher education, other approved educational institutions, and designated exchange visitor programs in the United States the information described in subsection (c) with respect to aliens who—
(A)
have the status, or are applying for the status, of nonimmigrants under subparagraph (F), (J), or (M) of section 1101(a)(15) of this title; and
(B)
are nationals of the countries designated under subsection (b).
(2)
Deadline
(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;
(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
(b)
Covered countries
(c)
Information to be collected
(1)
In general
The information for collection under subsection (a) with respect to an alien consists of—
(A)
the identity and current address in the United States of the alien;
(B)
the nonimmigrant classification of the alien and the date on which a visa under the classification was issued or extended or the date on which a change to such classification was approved by the Attorney General;
(C)
in the case of a student at an approved institution of higher education, or other approved educational institution,,1
1
 So in original.
the current academic status of the alien, including whether the alien is maintaining status as a full-time student or, in the case of a participant in a designated exchange visitor program, whether the alien is satisfying the terms and conditions of such program;
(D)
in the case of a student at an approved institution of higher education, or other approved educational institution,,1 any disciplinary action taken by the institution against the alien as a result of the alien’s being convicted of a crime or, in the case of a participant in a designated exchange visitor program, any change in the alien’s participation as a result of the alien’s being convicted of a crime; and 2
2
 So in original. The word “and” probably should not appear.
(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 re-enroll).
(2)
FERPA
(3)
Electronic collection
(4)
Computer software
(A)
Collecting institutions
(B)
Attorney General
(5)
Reporting requirements
(d)
Participation by institutions of higher education and exchange visitor programs
(1)
Condition
The information described in subsection (c) shall be provided by institutions of higher education, other approved educational institutions, or exchange visitor programs as a condition of—
(A)
in the case of an approved institution of higher education, or other approved educational institution,,1 the continued approval of the institution under subparagraph (F) or (M) of section 1101(a)(15) of this title; and
(B)
in the case of an approved institution of higher education or a designated exchange visitor program, the granting of authority to issue documents to an alien demonstrating the alien’s eligibility for a visa under subparagraph (F), (J), or (M) of section 1101(a)(15) of this title.
(2)
Effect of failure to provide information
(e)
Funding
(1)
In general
(2)
Remittance
(3)
Aliens described
(4)
Amount and use of fees
(A)
Establishment of amount
(B)
Use
(5)
Proof of payment
The alien shall present proof of payment of the fee before the granting of—
(A)
a visa under section 1202 of this title or, in the case of an alien who is exempt from the visa requirement described in section 1182(d)(4) of this title, admission to the United States; or
(B)
change of nonimmigrant classification under section 1258 of this title to a classification described in paragraph (3).
(6)
Implementation
(f)
Joint report
(g)
Worldwide applicability of program
(1)
Expansion of program
(2)
Revision of fee
(h)
Definitions
As used in this section:
(1)
Approved institution of higher education
(2)
Designated exchange visitor program
The term “designated exchange visitor program” means a program that has been—
(A)
designated by the Secretary of State for purposes of section 1101(a)(15)(J) of this title; and
(B)
selected by the Attorney General for purposes of the program under this section.
(3)
Other approved educational institution
(Pub. L. 104–208, div. C, title VI, § 641, Sept. 30, 1996, 110 Stat. 3009–704; Pub. L. 106–396, title IV, §§ 404–406, Oct. 30, 2000, 114 Stat. 1649, 1650; Pub. L. 106–553, § 1(a)(2) [title I, § 110], Dec. 21, 2000, 114 Stat. 2762, 2762A–68; Pub. L. 107–56, title IV, § 416(c), Oct. 26, 2001, 115 Stat. 354; Pub. L. 107–173, title V, § 501(a), May 14, 2002, 116 Stat. 560.)
cite as: 8 USC 1372
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