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Immigration and Customs Enforcement (ICE) has many roles. One includes working with universities and other educational institutions to ensure compliance with Department of Homeland Security (DHS) Regulations and Policies. The Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA) of 1996 authorized DHS to collect current information from nonimmigrant students and exchange visitors continually during their course of stay in the United States to preserve national security. The Student and Exchange Visitor Information System (SEVIS) is a system for maintaining information on international nonimmigrant students and exchange visitors to the United States. The Student and Exchange Visitor Program (SEVP) is the DHS program that administers SEVIS. The Department of State administers the J-1 Exchange Visitor Program that is also tracked through SEVIS.

SEVP provides approval and oversight to schools authorized to enroll F and M nonimmigrant students and gives guidance to both schools and students about the requirements for maintenance of their status. See DHS Study in the States website.

SEVP Certification

An SEVP-certified school is a college, university, seminary, conservatory, high school, private elementary school, private middle school, other academic or vocational institution, or language-training program in the United States that has applied for and received certification to enroll F and/or M nonimmigrant students. Within ICE, SEVP reviews schools that desire to enroll nonimmigrant students to determine denial or approval of certification. Note: Certification does not pertain to J-1 exchange visitor programs, which the Department of State designates to enroll J-1 nonimmigrants as exchange visitors.

Once certified, the school must comply with SEVP policies, as well as recordkeeping and reporting requirements in 8 CFR 214.3.

The following schools are considered academic institutions and may be approved for attendance by F nonimmigrant students:

  • A college or university (i.e., an institution of higher learning which awards recognized bachelor’s, master’s, doctor’s, or professional degrees)
  • A community college or junior college which provides instruction in the liberal arts or in the professions and which awards recognized associate degrees
  • A seminary
  • A conservatory
  • An academic high school
  • A private elementary school (K-8)
  • An institution which provides language training, instruction in the liberal arts or fine arts, instruction in the professions, or instruction or training in more than one of these disciplines

M-1 nonimmigrants, as defined in section 101(a)(15)(M) of the Immigration and Nationality Act, are foreign nationals pursuing a full course of study at an SEVP-approved vocational or other recognized nonacademic institution (other than in language-training programs) in the United States.

The following schools are considered vocational or nonacademic institutions and may be approved for attendance by M nonimmigrant students:

  • A community college or junior college which provides vocational or technical training and which awards recognized associate degrees
  • A vocational high school
  • A school that provides vocational or nonacademic training other than language training

It takes approximately 12-24 months to complete the SEVP certification process.

Once you have been notified via SEVIS that your school is within 180 days of the Certification Expiration Date, your school must submit a completed Recertification Petition Package. Recertification consists of filing for recertification via SEVIS and submitting a complete recertification package – Attestation Statement, Form I-17, and Applicable Evidence – by fax or email. There is no fee for recertification. It is recommended that you review your Form I-17 as soon as possible to determine if any updates or edits are necessary. If updates/edits are necessary, complete the necessary changes in SEVIS immediately, as any changes must be adjudicated prior to filing for Recertification – the update adjudication process can takes months if not years to complete.

Current Issues

Over the last several years, SEVP has increased its oversight of Educational Institutions’ Certifications and Re-certifications. This appears to have been the result of a top-down review of the student visa programs and student work authorization programs.

There have been many Notices of Intent to Deny and delayed Recertifications. SEVP has been particularly focused on:

  • the programs identified for certification and re-certification
  • the use of F-1 vs M-1 category
  • granting of Curricular Practical Training (CPT) and Optional Practical Training (OPT) for work authorization.

According to the U.S. Government Accountability Office, DHS appears to have been over burdened with policy requests and from the Administration without adequate resources to conduct its certifications and re-certifications in a timely manner.

This has led to some uncertainty and apprehension amongst the regulated community.

Tags: Department of Homeland Security, DHS, ICE, Immigration Customs and Enforcement, non-immigrant visas, SEVP, Student and Exchange Visitor Program, student visas
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Photo of Laura Foote Reiff ‡ Laura Foote Reiff ‡

Laura Foote Reiff has more than 32 years of experience representing businesses and organizations in the business immigration and compliance field. She is also a business immigration advocate and has long chaired prominent business immigration coalitions. Laura is Co-Founder of GT’s Business and

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Laura Foote Reiff has more than 32 years of experience representing businesses and organizations in the business immigration and compliance field. She is also a business immigration advocate and has long chaired prominent business immigration coalitions. Laura is Co-Founder of GT’s Business and Immigration and Compliance Group which she co-led since 1999. She currently chairs the Northern Virginia/Washington D.C. Immigration and Compliance Practice. Laura is also Co-Managing Shareholder of the Northern Virginia Office of GT, a position she has held since 2010. As a global leader in the business immigration community, Laura has served on the Boards of the American Immigration Lawyers Association, the American Immigration Council, the National Immigration Forum and is currently the Chair of the America is Better Board.

Laura advises corporations on a variety of compliance-related issues, particularly related to Form I-9 eligibility employment verification matters. Laura has been involved in audits and internal investigations and has successfully minimized monetary exposure as well as civil and criminal liabilities on behalf of her clients. She develops immigration compliance strategies and programs for both small and large companies. Laura performs I-9, H-1B and H-2B compliance inspections during routine internal reviews, while performing due diligence (in the context of a merger, acquisition or sale) or while defending a company against a government investigation.

Laura represents many businesses in creating, managing and using “Regional Centers” that can create indirect jobs toward the 10 new U.S. jobs whose creation can give rise to EB-5 permanent residence for investment. She coordinates this work with attorneys practicing in securities law compliance, with economists identifying “targeted employment areas” and projecting indirect job creation, and with licensed securities brokers coordinating offerings. She also represents individual investors in obtaining conditional permanent residence and in removing conditions from permanent residence.

Laura’s practice also consists of managing business immigration matters and providing immigration counsel to address the visa and work authorization needs of U.S. and global personnel including professionals, managers and executives, treaty investors/ traders, essential workers, persons of extraordinary ability, corporate trainees, and students. She is an immigration policy advocacy expert and works on immigration reform policies.

‡ Admitted in the District of Columbia and Maryland. Not admitted in Virginia. Practice limited to federal immigration practice.

Read more about Laura Foote Reiff ‡
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