SEVIS I-901 Fee Frequently Asked Questions

1. What is the background on the fee payment?

1.A. Legislative History

1.B. General provisions of the SEVIS rule

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1.A. Legislative History

Section 641 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), Public Law No. 104–208, 110 Stat. 3546 (September 30, 1996), codified at 8 USC 1372, (as amended) required the creation of a program to collect information relating to nonimmigrant foreign students and exchange visitor program participants during the course of their stay in the United States. The program became known as SEVP (Student and Exchange Visitor Program) and its core technology became known as SEVIS (Student and Exchange Visitor Information System).

A number of rules outline the requirements and procedures for SEVIS. They are:

• 67 FR 34862 (May 16, 2002, proposed rule for implementing SEVIS)
• 67 FR 44343 (July 1, 2002, interim rule for schools to apply for preliminary enrollment in SEVIS)
• 67 FR 60107 (September 25, 2002, interim rule for certification of schools applying for enrollment in SEVIS)
• 67 FR 76256 (December 11, 2002, final DHS rule implementing SEVIS)
• 67 FR 76307 (December 12, 2002, DOS interim final rule implementing SEVIS)
• 69 FR 39814 (July 1, 2004, Authorizing Collection of the Fee Levied on F, J and M Nonimmigrant Classifications Under Public Law 104– 208)
• 73 FR 55683 (September 26,2008, Adjusting Program Fees and Establishing Procedures for Out-of-Cycle Review and Recertification of Schools Certified by the Student and Exchange Visitor Program to Enroll F and/or M Nonimmigrant Students)

Section 442(a)(4) of the Homeland Security Act, as amended, specifically transferred responsibility for SEVIS to ICE.

Section 641(e) of IIRIRA, as amended, requires that a fee be established and charged to students or exchange visitors tracked in SEVIS to fund the program and further requires that the fee be used only for SEVP related purposes. SEVIS I-901 fees will be deposited into a sub-account within the Immigration Examination Fee Account and maintained for SEVP use.

On October 26, 2003, the Department of Homeland Security (DHS) published a proposed rule in the Federal Register, to implement section 641 of IIRIRA, requiring the collection of information relating to nonimmigrant foreign students and exchange visitors and providing for the collection of the required fee to defray the costs.

On July 1, 2004, a final rule was published to amend DHS regulations to provide for the collection of a fee to be paid by certain individuals who are seeking status as F–1, F–3, M–1 or M– 3 nonimmigrant students or as J–1 nonimmigrant exchange visitors.

On October 27,2008, DHS amends its regulations to provide a final rule published to amend DHS regulations to provide for the collection of a fee to be paid by certain individuals who are seeking status as F–1, F–3, M–1 or M– 3 nonimmigrant students or as J–1 nonimmigrant exchange visitors.

1.B. General provisions of the SEVIS rule

Generally, the rule levies a fee of $200. Some applicants for certain J–1 exchange visitor programs will pay a fee of $180, others a reduced fee of $35 and certain other applicants will be exempt from the fee.

The final rule explains who will be required to pay the fee, describes the consequences that a person seeking F–1, F–3, M–1, M–3 or J– 1 nonimmigrant status faces upon failure to pay the fee and specifies who is exempt from the fee.

The purpose of the fee is to cover the costs of developing and deploying the next generation of SEVIS as well as administering and maintaining the current version of SEVIS, which includes ensuring compliance with the system’s requirements by individuals, schools and exchange visitor program sponsors.

Effective October 27, 2008, potential nonimmigrants who are initially issued a Form I–20 or Form DS–2019 on or after that date will pay the higher fee.

Potential nonimmigrants, for purposes of the SEVIS Fee rule, are:

• Those who apply to the Department of State (DoS) or DHS for initial attendance as an F, M or J nonimmigrant
• Nonimmigrants in the United States that apply for a change of status to an F, M or J classification
• Current J–1 nonimmigrants that apply for a J– 1 category change on or after October 27, 2008

If a Form I–20 or Form DS–2019 for initial status in a new program is issued on or after October 27, 2008, the nonimmigrant traveling on that document will be required to pay the fee. This does not include F-1 students who are transferring or changing level to attend a new program while maintaining F status. See the section, Do I pay the fee?, for who needs to pay the fee.

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