[Code of Federal Regulations]
[Title 8, Volume 1]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 8CFR214.13]

[Page 385-388]
 
                     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:
    (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.

[[Page 386]]

    (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
    (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

[[Page 387]]

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 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.

[[Page 388]]

    (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]