Title 8Aliens and NationalityRelease 119-73

§1761 Foreign student monitoring program

Title 8 › Chapter CHAPTER 15— - ENHANCED BORDER SECURITY AND VISA ENTRY REFORM › Subchapter SUBCHAPTER V— - FOREIGN STUDENTS AND EXCHANGE VISITORS › § 1761

Last updated Apr 6, 2026|Official source

Summary

Before a consular officer can give an F or M student visa, or a J visa for someone who will attend an approved college or university, the applicant must give four kinds of information: their address in their home country; the names and addresses of their spouse, children, parents, and siblings; names of people in their country who can confirm facts about them; and any past work history with employer names and addresses. Within 120 days after May 14, 2002, and until a new tracking system in section 1372 is working, extra steps apply. A visa cannot be issued unless the State Department has electronic proof the approved school accepted the person and the consular officer has reviewed the visa file. When an F or M visa is issued, the Secretary of State must tell the Immigration and Naturalization Service (INS). INS must tell the school when the person arrives in the United States. Within 30 days after the school’s registration deadline, the school must tell INS if the person did not enroll or start. The Attorney General must give the State Department, within 30 days after May 14, 2002, a list of approved schools authorized to take F or M students. Money may be provided as needed to carry out these rules.

Full Legal Text

Title 8, §1761

Aliens and Nationality — Source: USLM XML via OLRC

(a)
(b)Prior to the issuance of a visa under subparagraph (F), subparagraph (M), or, with respect to an alien seeking to attend an approved institution of higher education, subparagraph (J) of section 1101(a)(15) of this title, each alien applying for such visa shall provide to a consular officer the following information:
(1)The alien’s address in the country of origin.
(2)The names and addresses of the alien’s spouse, children, parents, and siblings.
(3)The names of contacts of the alien in the alien’s country of residence who could verify information about the alien.
(4)Previous work history, if any, including the names and addresses of employers.
(c)(1)Not later than 120 days after May 14, 2002, and until such time as the system described in section 1372 of this title is fully implemented, the following requirements shall apply:
(A)A visa may not be issued to an alien under subparagraph (F), subparagraph (M), or, with respect to an alien seeking to attend an approved institution of higher education, subparagraph (J) of section 1101(a)(15) of this title, unless—
(i)the Department of State has received from an approved institution of higher education or other approved educational institution electronic evidence of documentation of the alien’s acceptance at that institution; and
(ii)the consular officer has adequately reviewed the applicant’s visa record.
(B)Upon the issuance of a visa under section 1101(a)(15)(F) or (M) of this title to an alien, the Secretary of State shall transmit to the Immigration and Naturalization Service a notification of the issuance of that visa.
(C)The Immigration and Naturalization Service shall notify the approved institution of higher education or other approved educational institution that an alien accepted for such institution or program has been admitted to the United States.
(D)Not later than 30 days after the deadline for registering for classes for an academic term, the approved institution of higher education or other approved educational institution shall inform the Immigration and Naturalization Service through data-sharing arrangements of any failure of any alien described in subparagraph (C) to enroll or to commence participation.
(2)Not later than 30 days after May 14, 2002, the Attorney General shall provide the Secretary of State with a list of all approved institutions of higher education and other approved educational institutions that are authorized to receive nonimmigrants under section 1101(a)(15)(F) or (M) of this title.
(3)There are authorized to be appropriated such sums as may be necessary to carry out this subsection.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Codification Section is comprised of section 501 of Pub. L. 107–173. Subsec. (a) of section 501 of Pub. L. 107–173 amended section 1372 of this title.

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.

Reference

Citations & Metadata

Citation

8 U.S.C. § 1761

Title 8Aliens and Nationality

Last Updated

Apr 6, 2026

Release point: 119-73