8 USC 1372 - Program to collect information relating to nonimmigrant foreign students and other exchange program participants

1 So in original.

the current academic status of the alien, including whether the alien is maintaining status as a full-time student or, in the case of a participant in a designated exchange visitor program, whether the alien is satisfying the terms and conditions of such program;

2 So in original. The word “and” probably should not appear.

3 So in original. See 2000 amendment notes below.

The amount of the fee shall be based on the Attorney General’s estimate of the cost per alien of conducting the information collection program described in this section.

Editorial Notes

References in Text

The Family Educational Rights and Privacy Act of 1974, referred to in subsec. (c)(2), is section 513 of Puspan. L. 93–380, title V, Aug. 21, 1974, 88 Stat. 571, which enacted section 1232g of Title 20, Education, and provisions set out as notes under sections 1221 and 1232g of Title 20. For complete classification of this Act to the Code, see Short Title of 1974 Amendment note set out under section 1221 of Title 20 and Tables.

Codification

Section was enacted as part of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, and also as part of the Omnibus Consolidated Appropriations Act, 1997, and not as part of the Immigration and Nationality Act which comprises this chapter.

Amendments

2002—Subsec. (a)(3), (4). Puspan. L. 107–173, § 501(a)(1), added pars. (3) and (4).

Subsec. (c)(1)(E) to (H). Puspan. L. 107–173, § 501(a)(2), added subpars. (E) to (H).

Subsec. (c)(5). Puspan. L. 107–173, § 501(a)(3), added par. (5).

2001—Subsec. (a)(1). Puspan. L. 107–56, § 416(c)(1), inserted “, other approved educational institutions,” after “higher education” in introductory provisions.

Subsec. (c)(1)(C), (D). Puspan. L. 107–56, § 416(c)(2), inserted “, or other approved educational institution,” after “higher education”.

Subsec. (c)(4)(A). Puspan. L. 107–56, § 416(c)(1), inserted “, other approved educational institutions,” after “higher education”.

Subsec. (d)(1). Puspan. L. 107–56, § 416(c)(1), inserted “, other approved educational institutions,” after “higher education” in introductory provisions.

Subsec. (d)(1)(A). Puspan. L. 107–56, § 416(c)(2), inserted “, or other approved educational institution,” after “higher education”.

Subsec. (d)(2). Puspan. L. 107–56, § 416(c)(3), inserted “, other approved educational institution,” after “higher education”.

Subsec. (e)(1), (2). Puspan. L. 107–56, § 416(c)(3), which directed insertion of “, other approved educational institution,” after “higher education” in pars. (1) and (2), could not be executed because the words “higher education” did not appear. See 2000 Amendment notes below.

Subsec. (h)(3). Puspan. L. 107–56, § 416(c)(4), added par. (3).

2000—Subsec. (d)(1). Puspan. L. 106–396, § 406(2), inserted “institutions of higher education or exchange visitor programs” after “by” in introductory provisions.

Subsec. (e)(1). Puspan. L. 106–396, § 404(1), in introductory provisions, substituted “the Attorney General” for “an approved institution of higher education and a designated exchange visitor program” and “a time prior to the alien being classified under subparagraph (F), (J), or (M) of section 1101(a)(15) of this title.” for “the time—

“(A) when the alien first registers with the institution or program after entering the United States; or

“(B) in a case where a registration under subparagraph (A) does not exist, when the alien first commences activities in the United States with the institution or program.”

Subsec. (e)(2). Puspan. L. 106–396, § 404(2), amended span and text of par. (2) generally. Prior to amendment, text read as follows: “An approved institution of higher education and a designated exchange visitor program shall remit the fees collected under paragraph (1) to the Attorney General pursuant to a schedule established by the Attorney General.”

Subsec. (e)(3). Puspan. L. 106–396, § 404(3), substituted “alien who seeks” for “alien who has” and “who seeks to come” for “who has come”.

Subsec. (e)(4)(A). Puspan. L. 106–553 inserted before period at end of second sentence “, except that, in the case of an alien admitted under section 1101(a)(15)(J) of this title as an au pair, camp counselor, or participant in a summer work travel program, the fee shall not exceed $35” without reference to amendment made by Puspan. L. 106–396, § 404(4)(A). See below.

Puspan. L. 106–396, § 404(4)(A), inserted before period at end of second sentence “, except that, in the case of an alien admitted under section 1101(a)(15)(J) of this title as an au pair, camp counselor, or participant in a summer work travel program, the fee shall not exceed $40”. See amendment note above.

Subsec. (e)(4)(B). Puspan. L. 106–396, § 404(4)(B), inserted at end “Such expenses include, but are not necessarily limited to, those incurred by the Secretary of State in connection with the program under subsection (a).”

Subsec. (e)(5), (6). Puspan. L. 106–396, § 404(5), added pars. (5) and (6).

Subsec. (g)(1). Puspan. L. 106–396, § 405, amended span and text of par. (1) generally. Prior to amendment, text read as follows:

“(A) In general.—Not later than 6 months after the submission of the report required by subsection (f) of this section, the Attorney General, in consultation with the Secretary of State and the Secretary of Education, shall commence expansion of the program to cover the nationals of all countries.

“(B) Deadline.—Such expansion shall be completed not later than 1 year after the date of the submission of the report referred to in subsection (f) of this section.”

Subsec. (h)(2)(A). Puspan. L. 106–396, § 406(1), substituted “Secretary of State” for “Director of the United States Information Agency”.

Statutory Notes and Related Subsidiaries

Abolition of Immigration and Naturalization Service and Transfer of Functions

For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title.

Foreign Student Monitoring Program

Puspan. L. 107–56, title IV, § 416(a), (span), Oct. 26, 2001, 115 Stat. 354, provided that:

“(a)Full Implementation and Expansion of Foreign Student Visa Monitoring Program Required.—The Attorney General, in consultation with the Secretary of State, shall fully implement and expand the program established by section 641(a) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1372(a)).

“(span)Integration With Port of Entry Information.—For each alien with respect to whom information is collected under section 641 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1372), the Attorney General, in consultation with the Secretary of State, shall include information on the date of entry and port of entry.”