Implementing the SEVIS Fee

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Implementing the SEVIS Fee

• FSA Breakfast Meeting
• October 29, 2004
• Marymount University

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Presenter

• Helene Robertson
• Director, International Student Scholar
  Services
• The Catholic University of America
• Washington, DC

3
Implementation Components

• Read and understand the regulations
• Be familiar with the mechanics of fee payment
• Develop institutional policy or protocol for how
  the fee will be handled
• Inform your campus community

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Understanding the Regulations

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Regulatory Background

• In 1996, SEVIS fee was created in the law by
  Section 641 (e) of IIRAIRA as a means of funding
  the system. It was not to exceed 100.
• October 2003, proposed rule published by DHS.
• July 1, 2004 final rule published in Federal
  Register with a correction published on July 9.

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Regulatory Background

• Regulations
• Set effective date of September 1, 2004
• Establish a hierarchy of fees individuals must
  pay
• List when the fee must be paid

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Regulatory Background

• Fee took effect on September 1, 2004 and applies
  to those whose documents to begin new program
  were issued on or after that date.

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Regulatory Background
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Regulatory Background

• The SEVIS fee is a one-time fee paid at the
  beginning of an academic or exchange program
  which begins when the student or exchange visitor
  is granted his/her status and ends when he/she
  falls out of status, changes status or departs
  the U.S. for an extended period of time.

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Regulatory Background

• Fee must be paid when form is issued on or after
  9/1/2004 and individual

• Applies for initial visa from consulate for
  initial attendance or participation or
• If visa exempt (such as Canadians), applies for
  admission to US for initial attendance or
  participation or

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Regulatory Background

• Fee must be paid when form is issued on or after
  9/1/2004 and individual

• Is in U.S. and applies for change of status to
  F-1, F-3, J-1, M-1, or M-3 or
• Is J-1 exchange visitor seeking to transfer from
  government program to program whose participants
  are subject to fee or

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Regulatory Background

• Fee must be paid when form is issued on or after
  9/1/2004 and individual

• Is in J-1 status and is formally applying for
  change of category or
• Is in J-1 status applying for reinstatement

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Regulatory Background

• Fee must be paid when form is issued on or after
  9/1/2004 and individual

• Is F or M student applying for reinstatement
  after being out of status for 5 months or more
  or
• Is F or M student who has been out of U.S. more
  than 5 months but has not been working towards
  completion of academic program overseas and
  wishes to return for new program.

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Regulatory Background

• Fee is not required when individual is

• A dependent or
• Exchange visitor in a government program or
• A continuing student or exchange visitor who is
  maintaining status and whose form was issued
  prior to 9/1/04 or

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Regulatory Background

• Fee is not required when individual is

• A continuing student or exchange visitor applying
  for a visa stamp to return to continue the same
  program or
• Student or exchange visitor transferring from one
  academic institution to another or

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Regulatory Background

• Fee is not required when individual is

• F student changing educational levels or
• Applying for extension of status or
• J-1 seeking to correct the record or
• F or M student applying for reinstatement but has
  not be out of status more then 5 months or

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Regulatory Background

• Fee is not required when individual has already
  paid the fee and

• Was denied the visa and is reapplying within 12
  months of denial or
• Was denied COS and is filing a motion to reopen
  or

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Mechanics of Fee Payment
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Mechanics of Fee Payment

• The fee must be paid before an application for a
  visa or change of status is submitted. Visa
  applicants should allow at least 3 days for
  record of payment to appear in system.
• Although not required, it is recommended that
  evidence of fee payment accompany application.

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Mechanics of Fee PaymentSubmitting Payment

• There are three primary methods of fee payment
• Via credit card on the internet
• Via check or bank draft payable in US funds and
  drawn on U.S. bank
• Via Western Union Quick Pay (as of Nov. 1, 2004)

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Mechanics of Fee Payment Submitting Payment

• On line payment (quickest option)
• http//www.fmjfee.com
• On-line form is completed and submitted
  electronically
• Individual prints out receipt (preferably two
  copies - one to submit and one to keep for own
  records)

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Mechanics of Fee Payment Submitting Payment

• Mail-in Process (longer process)
• Form I-901 is completed or on-line form is
  completed and internet-generated coupon is
  printed out (see on-line process)
• Check or money order payable in US funds drawn on
  U.S. bank, payable to I-901 Student/Exchange
  Visitor Processing Fee

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Mechanics of Fee PaymentSubmitting Payment

• Mail-in Process
• Form and fee sent to
• I-901 Student/Exchange Visitor Processing Fee
• P.O. Box 970020
• St. Louis, MO 63197

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Mechanics of Fee Payment Submitting Payment

• Mail-in Process
• Courier/overnight delivery
• I-901 Student/Exchange Visitor Processing Fee
• 1005 Convention Plaza
• St. Louis, MO 63101

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Mechanics of Fee Payment

• Western Union Quick Pay
• Can Pay in local currency
• Pay at the nearest Western Union Agent location.
  To find nearest office
• http//www.payment-solutions.com/agent.asp
• Request a Blue Form
• Bring copy of instructions and sample forms
  Http//www.ice.gov/graphics/sevis/i901/wu_instr.ht
  m

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Mechanics of Fee PaymentSubmitting Payment

• Data elements needed for fee payment
• Personal information (Name, DOB, COB, gender)
• Address where receipt should be sent
• Institutions school or program code
• Individuals SEVIS
• Individuals Passport

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Mechanics of Fee PaymentSubmitting Payment

• Fee can be paid either by individual or any third
  party such as the school or sponsoring
  institution.
• If filing by mail and wish expedited delivery of
  receipt, there is an extra 30 fee for this.

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Mechanics of Fee Payment Submitting Payment

• Receipt not required to be submitted as part of
  visa application. However, consulates instructed
  to accept receipt as evidence of payment if they
  cannot verify in system that it has been paid.

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Mechanics of Fee PaymentSubmitting Payment

• Consulates are not involved in fee collection,
  EXCEPT for pilot programs which have been
  announced for China and India.
• As of 10/22/04 this service was not operational
  in either China or India.

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Mechanics of Fee Payment Submitting Payment

• Bulk payment option for J-1 program
• Interested program sponsors should express their
  interest by emailing
• Toolbox.sevis_at_dhs.gov

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Mechanics of Fee Payment Submitting Payment

• Bulk-filing institution must be
• Able to access and use XML and
• Able to access Internet with upload capability
  and
• Willing and able to have DHS to electronically
  debit bank account for SEVIS payment (through
  ACH)
• J-1 Batch user

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Mechanics of Fee Payment Submitting Payment

• Payment of fees via bulk filing requires
  considerable technical set up and testing.

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Mechanics of Fee PaymentFee Transfer

• Payment of fee is transferable to other programs
  and is not permanently linked to a particular
  SEVIS number.
• Fee is attached to the INDIVIDUAL, not the SEVIS
  record.

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Mechanics of Fee PaymentFee Transfer

• Rules for transferring fee between records
• Individual must request the transfer
• Fee required for new program must be equal to or
  less than the fee paid
• Can only be moved between SEVIS ID s for the
  same person
• Must be requested before visa issued or apply for
  entry, if visa exempt

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Mechanics of Fee PaymentFee Transfer

• Request transfer of fee by mail or email
• Email fmjfee.SEVIS_at_DHS.gov
• Mail SEVIS I-901 Fee
• 800 K St., NW, Suite1000
• Washington, DC 20536

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Mechanics of Fee PaymentFee Transfer

• Request transfer of fee by mail or email must
  include the following information
• Name and DOB
• SEVIS number associated with paid fee
• SEVIS number to which fee will be transferred
• Explanation of why transfer of fee is needed

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Mechanics of Fee PaymentFee Transfer

• Request transfer of fee by mail or email
• Recommend including copy of previous receipt
• If email, indicate FEE Transfer in subject
  line.

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Mechanics of Fee PaymentRefunds

• Refunds of SEVIS fee possible when
• Fee was paid in error or
• More than one fee was paid for an individual or
• Credit card was fraudulently used or
• Paid for expedited delivery of receipt, but that
  service was not available.

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Mechanics of Fee Payment Refunds

• Refund requests submitted to
• Email Fmjfee.SEVIS_at_dhs.gov
• Mail SEVIS I-901 Fee Refund
• 800 K St., NW, Suite 1000
• Washington, DC 20536

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Mechanics of Fee PaymentRefunds

• Only student or Exchange visitor can request
  refund, except in cases involving fraudulent use
  of credit card

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Mechanics of Fee PaymentRefunds

• Request must include
• Name and SEVIS ID
• Reason for Refund
• Contact info (address, email address, telephone)
• Which payment should be refunded (if fee paid
  more than once) provide receipt
• Description of circumstances of fraudulent use of
  card

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Mechanics of Fee PaymentRefunds

• Refund will be sent to person who paid fee
• If third party paid fee by check, credit or debit
  card, refund will be sent to third party
• Otherwise, refund goes to student

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Institutional Policy Considerations

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Institutional Policy Considerations

• Institutions should consider establishing a
  policy for how they intend to handle the SEVIS
  Fee which may have an effect on institutional
  access to international students and scholars.
  Essentially, should the institution pay the fee
  on behalf of the individual or not?
• Each institution will need to evaluate this from
  their own market and financial perspectives.

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Institutional Policy Considerations

• Essentially, there are two primary institutional
  considerations
• Marketability of program and/or access to
  international students and scholars
• Fiscal responsibility.

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Institutional Policy Considerations

• To paraphrase Shakespeare
• To pay or not to pay, that is the question.

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Institutional Policy Considerations

• Advantages of paying the fee
• Individual may immediately submit visa
  application
• Decrease over all cost to individual of coming to
  the institution
• Generate good will in the international market
  for international students/scholars
• Marketing advantage over institutions that dont
  pay the fee

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Institutional Policy Considerations

• Disadvantages to paying the fee
• No refund if visa/change of status is denied
• Receipt can be used by individual to apply for
  visa stamp for another program

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Institutional Policy Considerations

• Important questions about access and
  marketability
• Does institutional payment of the fee help speed
  up the process of visa issuance?
• Does institutional payment of the fee improve the
  institutions attractiveness?
• What is the value of the good will generated by
  institutional payment of fee?

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Institutional Policy Considerations

• Important questions to ask to make a fiscally
  responsible decision
• What is your rate of return, e.g. what percentage
  of people actually come? Does it vary by program
  (student vs. scholar science vs. humanities)?
• Does the 100 fee/person really translate into a
  significant factor in determining whether or not
  to come to your institution compared either to
  the cost of your programs, the cost of your
  competition or to the socio-economic base of your
  international students?

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Institutional Policy Considerations

• Important questions to ask to make a fiscally
  responsible decision
• For your market, does the good will outweigh
  concerns about money? Does this vary by program?

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Institutional Policy Considerations

• How do you balance the two goals?
• Increase international student application fee?
  Are there any ethical considerations here?
• Reimburse students after they arrive?
• Do you treat scholars and students differently?

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Institutional Policy Considerations

• The international office cannot make this
  decision alone. Pull in the institutional
  officers that have a stake in this decision
• Admissions
• Provost/Academic VP
• Deans
• Legal
• Etc.

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Informing the Campus Community

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Informing the Campus Community

• Prepare notifications to the various parts of the
  international community that your office serves
• Deans
• Department chairs/PIs
• Current students and scholars
• Prospective students/scholars

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Informing the Campus Community

• Mechanisms for getting the word out
• Letters/emails
• Pre-arrival information
• Newsletter articles
• Web site

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Resources

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Resources

• Government Products
• SEVIS Fee Rule (July 1 2004 Federal Register Vol.
  69 No. 126 pages 39814 39827)
• SEVIS Fee Rule FAQ http//www.ice.gov/graphics/s
  evis/i901/index.htm
• DOS cable to the field
• NAFSA Products
• NAFSA Practice Advisory 2004-e
• CAFSS Practice Tools (Sample letters)
  http//www.cafss.nafsa.org/events/SEVISFee.html