Ivener & Fullmer LLP

DHS Proposes SEVP Rule


The Department of Homeland Security (DHS) has proposed to amend its regulations under the Student and Exchange Visitor Program (SEVP) to improve management of international student programs and increase opportunities for study by spouses and children of nonimmigrant students. The proposed rule would grant school officials more flexibility in determining the number of designated school officials to nominate for the oversight of campuses. The rule also would provide greater incentives for international students to study in the United States by permitting accompanying spouses and children of academic and vocational nonimmigrant students in F-1 or M-1 nonimmigrant status to enroll in study at an SEVP-certified school so long as any study remains less than a full course of study. F-2 and M-2 spouses and children may not engage in a full course of study unless they apply for, and DHS approves, a change of nonimmigrant status to a status authorizing such study.

The proposed rule is available at https://www.federalregister.gov/articles/2013/11/21/2013-27898/adjustments-to-limitations-on-designated-school-official-assignment-and-study-by-f-2-and-m-2. Comments are due by January 21, 2014.

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