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By: Attorney Gail S. Seeram,The United States provides many opportunities for foreigners to obtain a higher education degree and job training in many professional fields. The Immigration and Nationality Act (Act) provides for the admission of various classification of non-immigrants, who are foreign nationals having a residence in a foreign country which they have no intention of abandoning, and who are seeking temporary admission to the United States. Three nonimmigrant visas we will focus on are F-1, J-1, and M-1.F-1 non-immigrants are foreign students pursuing a full course of study in a college, university, seminary, conservatory, academic high school, private elementary school, other academic institution, or language training programme in the United States that has been approved by Department of Homeland Security (DHS) to enroll foreign students.For the purposes of this rule,Wholesale Jerseys Free Shipping, the term “school” refers to all of these types of DHS-approved institutions. An F-2 nonimmigrant is a foreign national who is the spouse or qualifying child (under the age of 21) of an F-1 nonimmigrant.J-1 non-immigrants are foreign nationals who have been selected by a sponsor designated by the United States Department of State (DOS) (formerly the United States Information Agency (USIA)) to participate in an exchange visitor program in the United States. The J-1 classification includes, among others, aliens participating in programs under which they will receive graduate medical education or training.For purposes of this rule, “exchange visitor program” refers to all organizations or institutions designated by the Department of State to conduct an exchange program. A J-2 nonimmigrant is a foreign national who is the spouse or qualifying child (under the age of 21) of a J-1 nonimmigrant.M-1 non-immigrants are foreign nationals pursuing a full course of study at a DHS-approved vocational school or other recognized nonacademic institution (other than in language training programs) in the United States. The term “school” for the purposes of this proposed rule also encompasses all institutions approved for attendance by M-1 students. An M-2 nonimmigrant is a foreign national who is the spouse or qualifying child (under the age of 21) of an M- 1 nonimmigrant.Student and Exchange Visitor Information System (SEVIS) was created to monitor students entering the U.S. on F-1, J-1 and M-1 visas.  SEVIS collects current information, on an ongoing basis, from schools and exchange programs relating to non-immigrant foreign students and exchange aliens during the course of their stay in the United States, using electronic reporting technology to the fullest extent practicable.SEVIS enables schools and exchange programs to transmit electronic information and event notifications, via the Internet, to the Department of Homeland Security and the Department of State throughout a student’s or exchange alien’s stay in the United States.Currently, for F-1 and M-1 students, schools are required to maintain local records on each nonimmigrant student, and to produce such information upon request by the Department of Homeland Security.In order to enroll a non-immigrant student, a school, at the time of offering acceptance, must complete and send a multi-copy paper Form I-20A-B,Cheap Jerseys, Certificate of Eligibility for Nonimmigrant (F-1) Student Status for Academic and Language Students, or Form I-20M-N, Certificate of Eligibility for Nonimmigrant (M-1) Student Status For Vocational Students.A copy of the Form I-20 is maintained by the school, a copy is provided to the nonimmigrant, and a copy is routed to the Service for data-entry into a mainframe database, processed,Wholesale Jerseys Free Shipping, and then returned to the school for inclusion in its local record.Through SEVIS, any foreigner who obtained an F-1, J-1 or M-1 nonimmigrant visas and is not enrolled in school/training or has overstayed will have their information shared with Department of Homeland Security (DHS). Our office has seen many cases where DHS picks up foreigners in the U.S. and detained them for removal after they have violated the terms of their F-1, J-1 or M-1 nonimmigrant visas.It is important that nonimmigrant students in the United States remain cognizant of their obligations to maintain their status. Past rules, designed to maintain flexibility for the academic community and to make allowance for the youth of some of the individuals in question,Cheap Jerseys Wholesale, appear to have resulted in an atmosphere that could have led some to believe that they could violate their status with little consequence. In fact, such violations can and do have serious consequences.Gail S. Seeram, LL.M, J.D.,Wholesale China Jerseys, BBA,Cheap Jerseys Wholesale, is a Guyanese-born U.S. Immigration Attorney with offices in the United States.  Send your comments and feedback to [email protected], visit her website at www.Go2Lawyer.com or connect on www.facebook.com/Go2Lawyer.  Questions? Call 407-292-7730 or toll-free at 1-877-GAIL-LAW.
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