[Code of Federal Regulations]

[Title 8, Volume 1]

[Revised as of January 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 8CFR214.13]



[Page 377-380]

 

                     TITLE 8--ALIENS AND NATIONALITY

 

               CHAPTER I--DEPARTMENT OF HOMELAND SECURITY

 

PART 214_NONIMMIGRANT CLASSES--Table of Contents

 

Sec. 214.13  SEVIS fee for certain F, J, and M nonimmigrants.



    (a) Applicability. Except as otherwise provided for in this section, 

the following aliens are required to submit a payment of $100 to the 

Department of Homeland Security (DHS) in advance of obtaining 

nonimmigrant status as a student or exchange visitor, in addition to any 

other applicable fees:

    (1) An alien who applies for F-1 or F-3 nonimmigrant status in order 

to enroll in a program of study at a DHS-approved institution of higher 

education, as defined in section 101(a) of the Higher Education Act of 

1965, as amended, or in a program of study at any other DHS-approved 

academic or language-training institution including private elementary 

and secondary schools and public secondary schools;

    (2) An alien who applies for J-1 nonimmigrant status in order to 

commence participation in an exchange visitor program designated by the 

Department of State (DOS), with a reduced fee for certain exchange 

visitor categories as provided in paragraphs (b)(1) and (c) of this 

section; and

    (3) An alien who applies for M-1 or M-3 nonimmigrant status in order 

to enroll in a program of study at a DHS-approved vocational educational 

institution, including a flight school.

    (b) Aliens not subject to a fee. No SEVIS fee is required with 

respect to:



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    (1) A J-1 exchange visitor who is coming to the United States as a 

participant in an exchange visitor program sponsored by the Federal 

government, identified by a program identifier designation prefix of G-

1, G-2, or G-3;

    (2) Dependents of F, M, or J nonimmigrants. The principal alien must 

pay the fee, when required under this section, in order for his/her 

qualifying dependents to obtain F-2, J-2, or M-2 status. However, an F-

2, J-2, or M-2 dependent is not required to pay a separate fee under 

this section in order to obtain that status or during the time he/she 

remains in that status.

    (3) A nonimmigrant described in paragraph (a) of this section whose 

Form I-20 or Form DS-2019 for initial attendance was issued on or before 

August 31, 2004.

    (c) Special Fee for Certain J-1 Nonimmigrants. A J-1 exchange 

visitor coming to the United States as an au pair, camp counselor, or 

participant in a summer work/travel program is subject to a fee of $35.

    (d) Time for payment of SEVIS fee. An alien who is subject to 

payment of the SEVIS fee must remit the fee directly to DHS as follows:

    (1) An alien seeking an F-1, F-3, J-1, M-1, or M-3 visa from a 

consular officer abroad for initial attendance at a DHS-approved school 

or to commence participation in a Department of State-designated 

exchange visitor program, must pay the fee to DHS before issuance of the 

visa.

    (2) An alien who is exempt from the visa requirement described in 

section 212(d)(4) of the Act must pay the fee to DHS before the alien 

applies for admission at a U.S. port-of-entry to begin initial 

attendance at a DHS-approved school or initial participation in a 

Department of State-designated exchange visitor program.

    (3) A nonimmigrant alien in the United States seeking a change of 

status to F-1, F-3, J-1, M-1, or M-3 must pay the fee to DHS before the 

alien is granted the change of nonimmigrant status, except as provided 

in paragraph (e)(4) of this section.

    (4) A J-1 nonimmigrant who is applying for a change of program 

category within the United Status, in accordance with 22 CFR 62.42, must 

pay the fee associated with that new category, if any, prior to being 

granted such a change.

    (5) A J-1 nonimmigrant initially granted J-1 status to participate 

in a program sponsored by the Federal government, as defined in 

paragraph (b)(1) of this section, and transferring in accordance with 22 

CFR 62.42 to a program that is not similarly sponsored, must pay the fee 

associated with the new program prior to completing the transfer.

    (6) A J-1 nonimmigrant who is applying for reinstatement after a 

substantive violation of status, or who has been out of program status 

for longer than 120 days but less than 270 days during the course of 

his/her program must pay a new fee to DHS, if applicable, prior to being 

granted a reinstatement to valid J-1 status.

    (7) An F or M student who is applying for reinstatement of student 

status because of a violation of status, and who has been out of status 

for a period of time that exceeds the presumptive ineligibility deadline 

set forth in 8 CFR 214.2(f)(16)(i)(A) or (m)(16)(i)(A), must pay a new 

fee to DHS prior to being granted a return to valid status.

    (8) An F-1, F-3, M-1, or M-3 nonimmigrant who has been absent from 

the United States for a period that exceeds 5 months in duration, and 

wishes to reenter the United States to engage in further study in the 

same course of study, with the exception of students who have been 

working toward completion of a U.S. course of study in authorized 

overseas study, must pay a new fee to DHS prior to being granted student 

status.

    (e) Circumstances where no new fee is required. (1) Extension of 

stay, transfer, or optional practical training for students. An F-1, F-

3, M-1, or M-3 nonimmigrant is not required to pay a new fee in 

connection with:

    (i) An application for an extension of stay, as provided in 8 CFR 

214.2(f)(7) or (m)(10);

    (ii) An application for transfer, as provided in 8 CFR 214.2(f)(8) 

or (m)(11);

    (iii) A change in educational level, as provided in 8 CFR 

214.2(f)(5)(ii); or



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    (iv) An application for post-completion practical training, as 

provided in 8 CFR 214.2(f)(10)(ii) or (m)(14).

    (2) Extension of program or transfer for exchange visitors. A J-1 

nonimmigrant is not required to pay a new fee in connection with:

    (i) An application for an extension of program, as provided in 22 

CFR 62.43; or

    (ii) An application for transfer of program, as provided in 22 CFR 

62.42.

    (3) Visa issuance for a continuation of study. An F-1, F-3, J-1, M-

1, or M-3 nonimmigrant who has previously paid the fee is not required 

to pay a new fee in order to be granted a visa to return to the United 

States as a continuing student or exchange visitor in a single course of 

study, so long as the nonimmigrant is not otherwise required to pay a 

new fee in accordance with the other provisions in this section.

    (4) Certain changes in student classification.

    (i) No fee is required for changes between the F-1 and F-3 

classifications, and no fee is required for changes between the M-1 and 

M-3 classifications.

    (ii) Institutional reclassification. DHS retains the discretionary 

authority to waive the additional fee requirement when a nonimmigrant 

changes classification between F and M, if the change of status is due 

solely to institutional reclassification by the Student and Exchange 

Visitor Program during that nonimmigrant's course of study.

    (5) Re-application following denial of application by consular 

officer. An alien who fully paid a SEVIS fee in connection with an 

initial application for an F-1, F-3, M-1, or M-3 visa, or a J-1 visa in 

a particular program category, whose initial application was denied, and 

who is reapplying for the same status, or the same J-1 exchange visitor 

category, within 12 months following the initial notice of denial is not 

required to repay the SEVIS fee.

    (6) Re-application following denial of an application for a change 

of status. A nonimmigrant who fully paid a SEVIS fee in connection with 

an initial application for a change of status within in the United 

States to F-1, F-3, M-1, or M-3 classification, or for a change of 

status to a particular J-1 exchange visitor category, whose initial 

application was denied, and who is granted a motion to reopen the denied 

case is not required to repay the SEVIS fee if the motion to reopen is 

granted within 12 months of receipt of initial notice of denial.

    (f) [Reserved]

    (g) Procedures for payment of the SEVIS fee. (1) Options for 

payment. An alien subject to payment of a fee under this section may pay 

the fee by any procedure approved by DHS, including:

    (i) Submission of Form I-901, to DHS by mail, along with the proper 

fee paid by check, money order, or foreign draft drawn on a financial 

institution in the United States and payable in United States currency, 

as provided by 8 CFR 103.7(a)(1);

    (ii) Electronic submission of Form I-901 to DHS using a credit card 

or other electronic means of payment accepted by DHS; or,

    (iii) A designated payment service and receipt mechanism approved 

and set forth in future guidance by DHS.

    (2) Receipts. DHS will provide a receipt for each fee payment under 

paragraph (g)(1) of this section until such time as DHS issues a notice 

in the Federal Register that paper receipts will no longer be necessary. 

Further receipt provisions include:

    (i) DHS will provide for an expedited delivery of the receipt, upon 

request and receipt of an additional fee;

    (ii) If payment was made electronically, both DHS and the Department 

of State will accept a properly completed receipt that is printed-out 

electronically, in lieu of the receipt generated by DHS;

    (iii) If payment was made through an approved payment service, DHS 

and the Department of State will accept a properly completed receipt 

issued by the payment service, in lieu of the receipt generated by DHS.

    (3) Electronic record of fee payment. DHS will maintain an 

electronic record of payment for the alien as verification of receipt of 

the required fee under this section. If DHS records indicate that the 

fee has been paid, an alien who has lost or did not receive a receipt 

for a fee payment under this section will not be denied an immigration 

benefit, including visa issuance or admission to the United States, 

solely because of a



[[Page 380]]



failure to present a paper receipt of fee payment.

    (4) Third-party payments. DHS will accept payment of the required 

fee for an alien from an approved school or a designated exchange 

visitor program sponsor, or from another source, in accordance with 

procedures approved by DHS.

    (h) Failure to pay the fee. The failure to pay the required fee is 

grounds for denial of F, M, or J nonimmigrant status or status-related 

benefits. Payment of the fee does not preserve the lawful status of any 

F, J, or M nonimmigrant that has violated his or her status in some 

other manner.

    (1) For purposes of reinstatement to F or M status, failure to pay 

the required fee will be considered a ``willful violation'' under 8 CFR 

214.2(f)(16) or (m)(16), unless DHS determines that there are sufficient 

extenuating circumstances (as determined at the discretion of the 

Student and Exchange Visitor Program).

    (2) For purposes of reinstatement to valid J program status, failure 

to pay the required fee will not be considered a ``minor or technical 

infraction'' under 22 CFR 62.45.



[69 FR 39825, July 1, 2004; 69 FR 41388, July 9, 2004]