5. Statutory and regulatory requirements restrict the duration of study for an alien who is admitted in F-1 status to attend a public high school to an aggregate of 12 months of study at any public high school(s). See INA 214(m), 8 U.S.C. 1184(m); see also8 CFR 214.2(f)(5)(i) (2025). Back to Citation 6. See 8 CFR 214.2(j)(1)(ii) (2025) (explaining the initial admission period) and 8 CFR 214.2(j)(1)(iv) (2025) (explaining that extensions of stay can be obtained with a new Form DS-2019). See also22 CFR 62.43 (permitting responsible officers to extend J nonimmigrant's program beyond the original DS-2019 end date according to length permitted for the specific program category). Back to Citation 9. See Admission of Nonimmigrant Students for Duration of Status,43 FR 54618 (Nov. 22, 1978) and Nonimmigrant Classes; Admission Period and Extensions of Stay,50 FR 42006 (Oct. 17, 1985). Back to Citation 10. In 1985, when D/S was introduced for I and J nonimmigrants, there were 16,753 admissions in I status, 141,213 admissions in J status, and 251,234 admissions in F status. DOJ, Immigration and Naturalization Service, 1997 Statistical Yearbook of the Immigration and Naturalization Service (Oct. 1999), https://ohss.dhs.gov/sites/default/files/2023-12/Yearbook_Immigration_Statistics_1997.pdf. Back to Citation 11. In FY 2024, there were 1,816,480 admissions in F-1 status and 63,510 in F-2 status. See DHS Off. of Homeland Sec. Stat., Legal Immig. and Adjustment of Status Report Fiscal Year 2024, Quarter 4, tbl.4B,https://ohss.dhs.gov/sites/default/files/2025-06/2025_0624_ohss_legal-immigration-adjustment-of-status-fy-2024q4_0.xlsx. Compare this to FY 2023, when there were 1,625,740 admissions in F-1 status and 61,910 in F-2 status. See DHS Off. of Homeland Sec. Stat., Legal Immig. and Adjustment of Status Report Fiscal Year 2023, Quarter 4, tbl.4B,https://ohss.dhs.gov/sites/default/files/2024-06/2024_0507_ohss_legal-immigration-adjustment-of-status-fy-2023q4.xlsx. Back to Citation 12. In the 1980-81 school year, 312,000 nonimmigrant students were admitted into the United States. Approximately 83 percent of the nonimmigrant students admitted into the United States during the 1980-81 school year were in F status. Therefore, approximately 258,960 nonimmigrant students in F status were admitted into the United States in the 1980-81 school year. See U.S. Gov't Accountability Off (GAO)., Controls Over Foreign Students in U.S. Postsecondary Institutions Are Still Ineffective; Proposed Legislation and Regulations May Correct Problems (Mar. 10, 1983), https://www.gao.gov/assets/hrd-83-27.pdf. Back to Citation 13. See FY 2024, Quarter 4, tbl.4B, supra note 11, sum of J-1 514,170 and J-2 68,010. See also DHS FY 2023, Quarter 4, tbl.4B, supra note 11, sum of J-1 481,280 and J-2 62,000. Back to Citation 14. See FY 2024, Quarter 4, tbl.4B, supra note 11. See also DHS FY 2023, Quarter 4, tbl.4B, supra note 11, sum of I nonimmigrants 32,470. Back to Citation 16. DHS has identified over 2,100 aliens who first entered as F-1 students between 2000 and 2010 and remain in active F-1 status as of Apr. 6, 2025. See Student Exchange Visitor Program analysis of data in the Student Exchange Visitor Information System and valid as of Apr. 6, 2025. Back to Citation 18. Kean, T.H. & Hamilton, L.H., The 9/11 Commission report: final report of the National Commission on Terrorist Attacks upon the United States, New York: Norton, at 81, 187 (2004). Back to Citation 19. See generally8 CFR 214.1(c) (setting forth the general EOS requirements applicable to most other nonimmigrants). Back to Citation 20. For example, see8 CFR 214.2(a)(1) (setting forth a period of admission for the A-3 nonimmigrant classification); (b)(1) (period of admission for aliens admitted under the B nonimmigrant classification); (c)(3) (period of admission for aliens in transit through the United States); (e)(19) (periods of admission for most E nonimmigrants); (g)(1) (period of admission for the G-5 nonimmigrant classification); (h)(5)(viii) (9)(iii) and (13) (various periods of admission and maximum periods of stay for the H-1B, H-2A, H-2B, and H-3 nonimmigrant classification); (k)(8) (period of admission for the K-3 and K-4 nonimmigrant classification); (l)(11)-(12) (periods of admission and maximum periods of stay for the L nonimmigrant classification); (m)(5), (10) (period of stay for the M nonimmigrant classification); (n)(3) (period of admission for certain parents and children eligible for admission as special immigrants under section 101(a)(27)(I) ); (o)(6)(iii) and (10) (period of admission for the O nonimmigrant classification); (p)(8)(iii) and (12) (period of admission for the P nonimmigrant classification); (q)(2) (period of admission for the Q nonimmigrant classification); (r)(6) (period of admission for the R nonimmigrant classification); (s)(1)(ii) (period of admission for the NATO-7 nonimmigrant classification); (t)(5)(ii) (period of admission for the S nonimmigrant classification); and (w)(13) and (16) (period of admission for the CW-1 nonimmigrant classification). Back to Citation 21. See Special Requirements for Admission, Extension, and Maintenance of Status,38 FR 35425 (Dec. 28, 1973). Back to Citation 24. See Establishing a Fixed Time Period of Admission and an Extension of Stay Procedure for Nonimmigrant Academic Students, Exchange Visitors, and Representatives of Foreign Information Media,90 FR 42070 (Aug. 28, 2025). Back to Citation 27. See 38 FR 35425 (Dec. 28, 1973) (The period of admission of a nonimmigrant student shall not exceed one year.). Back to Citation 28. See Admission of Nonimmigrant Students for Duration of Status,43 FR 32306 (July 26, 1978). Back to Citation 29. Id. at 32306-07. Back to Citation 30. See 43 FR 54618 (Nov. 22, 1978) (The period of admission of a nonimmigrant student shall be for the duration of status in the United States as a student if the information on his/her Form I-20 indicates that he/she will remain in the United States as a student for more than 1 year. If the information on Form I-20 indicates the student will remain in the United States for 1 year or less, he/she shall be admitted for the time necessary to complete his/her period of study). Back to Citation 31. See Nonimmigrant Classes; Revised Requirements for Nonimmigrant “F-1” Students,46 FR 7267 (Jan. 23, 1981), Nonimmigrant Classes; Change of Nonimmigrant Classification; Revisions in Regulations Pertaining to Nonimmigrant Students and the Schools Approved for Their Attendance,48 FR 14575 (Apr. 5, 1983); Nonimmigrant Classes; F-1 Academic Students,52 FR 13223 (Apr. 22, 1987); Nonimmigrant Classes; Students F and M Classifications,56 FR 55608 (Oct. 29, 1991). Back to Citation 34. A DSO means a regularly employed member of the school administration whose office is located at the school and whose compensation does not come from commissions for recruitment of foreign students See 8 CFR 214.3(l). Back to Citation 38. Form I-20, Certificate of Eligibility for Nonimmigrant Student Status, is the document used by DHS that provides supporting information for the issuance of a student visa. Applicants (including dependents) must have a Form I-20 to apply for a student visa, to enter the United States, and to apply for an EAD to engage in OPT. See SEVP's web page, Form I-20, Certificate of Eligibility for Nonimmigrant Student Status, https://studyinthestates.dhs.gov/sites/default/files/I-20_Intial.pdf (last updated Mar. 31, 2018). Back to Citation 40. See Establishing a Fixed Time Period of Admission and an Extension of Stay Procedure for Nonimmigrant Academic Students, Exchange Visitors, and Representatives of Foreign Information Media,85 FR 60526 (Sept. 25, 2020) and Establishing a Fixed Time Period of Admission and an Extension of Stay Procedure for Nonimmigrant Academic Students, Exchange Visitors, and Representatives of Foreign Information Media,86 FR 35410 (July 6, 2021). Back to Citation 46. Form DS-2019, Certificate of Eligibility for Exchange Visitor (J-1) Status, is the document required to support an application for an exchange visitor visa (J-1). It is a 2-page document that can only be produced through SEVIS. SEVIS is the DHS database developed to collect information on F, M, and J nonimmigrants (see 8 U.S.C. 1372 and 6 U.S.C. 252(a)(4)). The potential exchange visitor's signature on page one of the form is required. Page 2 of the current Form DS-2019 consists of instructions and certification language relating to participation. No blank Forms DS-2019 exist. Each Form DS-2019 is printed with a unique identifier known as a “SEVIS ID number” in the top right-hand corner, which consists of an “alpha” character (N) and 10 numerical characters ( e.g., N0002123457). The DoS' Office of Private Sector Exchange Designation in the Bureau of Educational and Cultural Affairs (ECA/EC/D) designates U.S. organizations to conduct exchange visitor programs. These organizations are known as program sponsors. When designated, the organization is authorized access to SEVIS and is then able to produce Form DS-2019 from SEVIS. The program sponsor signs the completed Forms DS-2019 in blue ink and transmits them to the potential exchange visitor and his or her spouse and unmarried children under the age of 21. J visa applicants must present a signed Form DS-2019 at the time of their visa interview. Once the visa is issued, however, the biographic information on the SEVIS record cannot be updated until the participant's program is validated (“Active” in SEVIS). The sponsor is required to update the SEVIS record upon the exchange visitor's entry, and no corrections to the record can be made until that time. In addition, in the event a visa is needed, sponsors may issue a Form DS-2019 for a dependent spouse or child; the system will not permit a new Form DS-2019 to be created as long as the primary's SEVIS record is validated in initial or active status. See 9 FAM 402.5-6(D)(1)(U), The Basic Form, https://fam.state.gov/FAM/09FAM/09FAM040205.html (last updated Aug. 15, 2024). While applicants must still present a paper Form DS-2019 to DoS in order to qualify for a visa, the SEVIS record is the definitive record of student or exchange visitor status and visa eligibility. See 9 FAM 402.5-4(B)(U), Student and Exchange Visitor Information System (SEVIS) Record is Definitive Record, https://fam.state.gov/FAM/09FAM/09FAM040205.html (last updated Apr. 22, 2024). Back to Citation 47. See 22 CFR part 62. These programs vary in length. For example, professors and research scholars are generally authorized to participate in the Exchange Visitor Program for the length of time necessary to complete the program, provided such time does not exceed five years. See 22 CFR 62.20(i)(1). Alien physicians are also generally limited to 7 years. See 22 CFR 62.27(e)(2). Back to Citation 48. An RO is an employee or officer of a sponsor who has been nominated by the sponsor, and approved by DoS, to carry out the duties outlined in 22 CFR 62.11. Back to Citation 49. See 22 CFR 62.43. An RO must be a citizen of the United States or a lawful permanent resident of the United States. See 22 CFR 62.2. Back to Citation 51. See 38 FR 35425 (Dec. 28, 1973). See also50 FR 42006 (Oct. 17, 1985) (indicating that, prior to the publication of this rule, I nonimmigrants were admitted for one year). Back to Citation 54. See Period of Admission and Extensions of Stay for Representatives of Foreign Information Media Seeking to Enter the United States,87 FR 61959 (Oct. 13, 2022) and Period of Admission and Extensions of Stay for Representatives of Foreign Information Media Seeking to Enter the United States,85 FR 27645 (May 11, 2020). Back to Citation 56. For example, approximately 260,000 F-1 students were admitted into the United States during the 1980-81 school year. See GAO, Controls Over Foreign Students in U.S. Postsecondary Institutions Are Still Ineffective, supra note 12, pg. ii. In fiscal year (FY) 2024, 1,816,480 F-1 students were admitted into the United States. See DHS FY 2024, Quarter 4, tbl.4B, supra note 11. Back to Citation 57. In 1985, 110,942 exchange visitors and 16,753 representatives of the foreign information media were admitted into the United States. See 1997 Statistical Yearbook of the Immigration and Naturalization Service (Oct. 1999), Tbl. 39, 118-19, supra note 10. In FY 2024, 514,170 exchange visitors and 37,330 representatives of the foreign information media were admitted into the United States. See DHS FY 2024, Quarter 4, tbl.4B, supra note 11. Back to Citation 58. See 8 CFR 214.3(g)(1), (g)(2) (detailing a DSO's reporting requirements); 214.4(a)(2) (stating that failure to comply with reporting requirements may result in loss of SEVP certification). Back to Citation 60. U.S. Dep't of Justice, Press Release, Operator of English language schools charged in massive student visa fraud scheme (Apr. 9, 2008), https://www.justice.gov/archive/usao/cac/Pressroom/pr2008/038.html; U.S. Dep't of Justice, Press Release, Owner/Operator and employee of Miami-based school sentenced for immigration-related fraud (Aug. 30, 2010), https://www.justice.gov/archive/usao/fls/PressReleases/2010/100830-02.html; Immig. & Customs Enf't, Press Release, Pastor sentenced to 1 year for visa fraud, ordered to forfeit building housing former religious school (June 13, 2011), https://www.ice.gov/news/releases/pastor-sentenced-1-year-visa-fraud-ordered-forfeit-building-housing-former-religious; U.S. Dep't of Justice, Press Release, School Official Admits Visa Fraud (Mar. 12, 2012), https://www.justice.gov/archive/usao/pae/News/2012/Mar/tkhir_release.htm; Immig. & Customs Enf't, Press Release, Owner of Georgia English language school sentenced for immigration fraud (May 7, 2014), https://www.ice.gov/news/releases/owner-georgia-english-language-school-sentenced-immigration-fraud; Immig. & Customs Enf't, Press Release, 3 Senior Executives of For-profit Schools Plead Guilty to Student Visa, Financial Aid Fraud (Apr. 30, 2015), https://www.ice.gov/news/releases/3-senior-executives-profit-schools-plead-guilty-student-visa-financial-aid-fraud; Immig. & Customs Enf't, Press Release, Owner of Schools That Illegally Allowed Foreign Nationals to Remain in U.S. as “Students” Sentenced to 15 Months in Federal Prison (Apr. 19, 2018), https://www.ice.gov/news/releases/owner-schools-illegally-allowed-foreign-nationals-remain-us-students-sentenced-15. Back to Citation 61. Immig. & Customs Enf't, Press Release, 3 Senior Executives of For-profit s Schools Plead Guilty to Student Visa, Financial Aid Fraud, supra note 60. Back to Citation 62. Goff Wilson, Former DSO Official Found Guilty of Visa Fraud (May 20, 2019), https://www.goffwilson.com/Blawg-entries/2019/former-DSO-Official-Guilty-of-Visa-Fraud.aspx; ImmigrationReform.com,U.S. Removes 4,600 Fraudulent OPT Participants from the Pr