Proposed SEVIS FEE Collection Process
Proposed SEVIS FEE Collection Process
December 10, 2003
Director
Regulations and Forms Service Division
Department of Homeland Security
425 I Street, N.W., Room 4034
Washington, D.C. 20536
RE: Comments on Proposed Rule: "Authorizing Collection of the Fee Levied on F, J, and M Nonimmigrant Classifications Under Public Law 104-208" ICE No. 2297-03 (RIN 1653-AA23)
Dear Sir or Madam:
On behalf of the higher education associations listed below, I am writing to offer comments on the Department of Homeland Security’s (DHS) Proposed Rule No. 2297-03, published in the Federal Register on October 27, 2003.
The higher education community remains committed to enhancing national security and assisting DHS and other federal agencies in efforts to improve the monitoring and tracking of international students and foreign scholars on our campuses. We believe that the Student and Exchange Visitor Information System (SEVIS) is the most important step that the federal government can take to improve its ability to monitor international students, scholars, and exchange visitors and we strongly support its full and effective implementation.
We do not object to the imposition of a SEVIS fee. Our central concern is that the SEVIS fee collection process be as simple and straightforward as possible and that the collection of the fee not become a barrier that makes it difficult for individuals seeking F, J, or M visas to come to this country. As currently structured, we believe the fee payment process does not meet these conditions and will limit the ability of international students, scholars, and exchange visitors to secure appropriate visas to enter the United States.
The proposed rule requires individuals to pay the SEVIS fee prior to seeking an F, J, or M visa. It also provides two options for payment of the fee: by mail with a check or money order drawn on a U.S. bank and payable in U.S. dollars or via electronic means using a credit card. Upon the successful processing of the fee, DHS will issue (via mail or electronically) a receipt to the individual acknowledging payment. The paper receipt (received via mail or printed from an electronic transmission) must be presented to consular officials at the time a visa application is made to demonstrate compliance with the fee requirement.
The proposed rule has several serious flaws:
- First, it requires that the fee be paid before the individual applies for a visa. This provision is not required by law and will only exacerbate the administrative complexities facing individuals who seek to study or conduct research in the United States.
- Second, the proposed rule, particularly the mail option, will likely result in significant delays to an already lengthy visa application and review process. One could easily envision adding four to six weeks to the process for mail delivery and return.
- Third, the promise that SEVIS would be an all-electronic system that would permit institutional sharing of information is negated by this plan. The proposed fee collection mechanisms place paper at the very center of the process and indeed, make paper indispensable to the operation of SEVIS.
- Fourth, the proposed rule will, ironically, decrease the security of SEVIS. Paper receipts can be lost or stolen. This is of particular concern to individuals in countries without reliable mail service.
To avoid the problems we have identified, we strongly recommend that the SEVIS fee be paid when an individual applies for a visa in a U.S. embassy or consulate. We further recommend that individuals be allowed to use local currency in paying for the fee. Once collected, fees can be transferred to DHS quickly, safely, and securely. Alternatively, we recommend that individuals be permitted to pay the SEVIS fee at the time of entry into the United States. Paying the fee at the port of entry also satisfies the goal of making the payment process quick, safe, and secure. Further, it guarantees that students who choose not to come to the United States will not have to pay the SEVIS fee.
As stated earlier, our concerns are not rooted in the imposition of a SEVIS fee, but rather in the obstacles the proposed payment methods may create for F, J, or M nonimmigrants. The higher education community has been concerned for some time about the impact changes in United States immigration policy might have on international student enrollment and the number of visiting scholars opting to conduct research at our institutions. Given the challenges this country faces and our heavy reliance on advancements in science and technology to address these challenges, we do not believe it is in the nation’s best interest to create unnecessary deterrents for international students and visiting scholars who might otherwise be interested in coming to the United States to study, research, or teach.
We strongly urge the Department to amend the proposed payment methods and institute a payment system that is simple and straightforward and one that ensures quick, safe, and secure processing. Thank you for the opportunity to offer comments on Proposed Rule No. 2297-03.
Sincerely,
David Ward
President
DW/cms
On behalf of:
American Association of Collegiate Registrars and Admissions Officers
American Association of Community Colleges
American Association of State Colleges and Universities
American Association of University Professors
American Council on Education
American Dental Education Association
Association of American Universities
Association of Community College Trustees
Association of International Education Administrators
Consortium of Universities of the Washington Metropolitan Area
Council for Advancement and Support of Education
Council for Christian Colleges & Universities
Institute of International Education
National Association for College Admission Counseling
National Association of College and University Business Officers
National Association of Independent Colleges and Universities
National Association of State Universities and Land-Grant Colleges
National Association of Student Financial Aid Administrators
National Association of Student Personnel Administrators
The College Board
The Consortium for Government Relations