TITLE 8 - US CODE - SUBCHAPTER V - FOREIGN STUDENTS AND EXCHANGE VISITORS

8 USC 1761 - Foreign student monitoring program

(a) Omitted

(b) Information required of the visa applicant
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:

(1) The aliens address in the country of origin.

(2) The names and addresses of the aliens spouse, children, parents, and siblings.

(3) The names of contacts of the alien in the aliens country of residence who could verify information about the alien.

(4) Previous work history, if any, including the names and addresses of employers.

(1) In general
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) Restrictions on issuance of visas
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

(i) the Department of State has received from an approved institution of higher education or other approved educational institution electronic evidence of documentation of the aliens acceptance at that institution; and

(ii) the consular officer has adequately reviewed the applicants visa record.

(B) Notification upon visa issuance
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.

(C) Notification upon admission of alien
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.

(D) Notification of failure of enrollment
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.

(2) Requirement to submit list of approved institutions
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.

(3) Authorization of appropriations
There are authorized to be appropriated such sums as may be necessary to carry out this subsection.

8 USC 1762 - Review of institutions and other entities authorized to enroll or sponsor certain nonimmigrants

(a) Periodic review of compliance
Not later than two years after May 14, 2002, and every two years thereafter, the Commissioner of Immigration and Naturalization, in consultation with the Secretary of Education, shall conduct a review of the institutions certified to receive nonimmigrants under section 1101 (a)(15)(F), (M), or (J) of this title. Each review shall determine whether the institutions are in compliance with

(1) recordkeeping and reporting requirements to receive nonimmigrants under section 1101 (a)(15)(F), (M), or (J) of this title; and

(2) recordkeeping and reporting requirements under section 1372 of this title.

(b) Periodic review of sponsors of exchange visitors

(1) Requirement for reviews
Not later than two years after May 14, 2002, and every two years thereafter, the Secretary of State shall conduct a review of the entities designated to sponsor exchange visitor program participants under section 1101 (a)(15)(J) of this title.

(2) Determinations
On the basis of reviews of entities under paragraph (1), the Secretary shall determine whether the entities are in compliance with

(A) recordkeeping and reporting requirements to receive nonimmigrant exchange visitor program participants under section 1101 (a)(15)(J) of this title; and

(B) recordkeeping and reporting requirements under section 1372 of this title.

(c) Effect of material failure to comply
Material failure of an institution or other entity to comply with the recordkeeping and reporting requirements to receive nonimmigrant students or exchange visitor program participants under section 1101 (a)(15)(F), (M), or (J) of this title, or section 1372 of this title, shall result in the suspension for at least one year or termination, at the election of the Commissioner of Immigration and Naturalization, of the institutions approval to receive such students, or result in the suspension for at least one year or termination, at the election of the Secretary of State, of the other entitys designation to sponsor exchange visitor program participants, as the case may be.