- § 1761. Foreign student monitoring program
- § 1762. Review of institutions and other entities authorized to enroll or sponsor certain nonimmigrants
§ 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 alien’s address in the country of origin.
(2) The names and addresses of the alien’s spouse, children, parents, and siblings.
(3) The names of contacts of the alien in the alien’s country of residence who could verify information about the alien.
(4) Previous work history, if any, including the names and addresses of employers.
(c) Transitional program
(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 alien’s acceptance at that institution; and
(ii) the consular officer has adequately reviewed the applicant’s visa record.
(B) Notification upon visa issuance
(C) Notification upon admission of alien
(D) Notification of failure of enrollment
(2) Requirement to submit list of approved institutions
(3) Authorization of appropriations
(Pub. L. 107–173, title V, § 501, May 14, 2002, 116 Stat. 560.)
§ 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
(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
(Pub. L. 107–173, title V, § 502, May 14, 2002, 116 Stat. 563.)