Title 8, Aliens and NationalityRelease 119-110

§1761 Foreign Student Monitoring Program

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

Last updated Sep 22, 2026|Official source

Summary

Before giving certain student or exchange visas (F, M, and some J visas), applicants must give a consular officer basic personal and contact details: their address in their home country; names and addresses of spouse, children, parents, and siblings; names of people in their country who can confirm their information; and any past work history with employer names and addresses. Starting within 120 days after May 14, 2002 and until the electronic system in section 1372 is fully working, extra rules apply. A visa cannot be issued unless the State Department has electronic proof from an approved school that the person was accepted and the consular officer has reviewed the visa record. When a visa is issued, the State Department must tell the Immigration and Naturalization Service (INS). When the person is admitted, INS must tell the school. If a student fails to enroll by 30 days after the class registration deadline, the school must notify INS through data sharing. Within 30 days after May 14, 2002, the Attorney General must give the State Department a list of approved schools. Money may be appropriated as needed to carry out these rules.

Full Legal Text

Title 8, §1761

Aliens and Nationality, Source: USLM XML via OLRC

(a)Omitted
(b)Information required of the visa applicant
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)Transitional program
(1)In general
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)Restrictions on issuance of visas
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)Notification upon visa issuance
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)Notification upon admission of alien
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)Notification of failure of enrollment
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)Requirement to submit list of approved institutions
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)Authorization of appropriations
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 8, Aliens and Nationality

Last Updated

Sep 22, 2026

Release point: 119-110