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LegalText 8 U.S.C. § 1761 Foreign student monitoring program us united_states_code code_section 8 ALIENS AND NATIONALITY 15 ENHANCED BORDER SECURITY AND VISA ENTRY REFORM 1761 8 U.S.C. § 1761 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc08@119-100.zip /us/usc/t8/s1761 data/legal/raw/us/code/title-08/usc08.xml bbc25d1155b6444b546b8d97de87169d57c5eeb93aa3331db4aa4a4f9d29fbef 18cbd9dd4172ad0473c6dc52e038b813f80124d17167f025c00b9dfa60060a0c 1c5f24a04e35335b0a8ab6bbdce301ac8c60596048e4688b562ed1face782ba2 2026-07-04 official
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8 U.S.C. § 1761 - Foreign student monitoring program

Text

(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 aliens address in the country of origin.

(2) The names and addresses of the aliens spouse, children, parents, and siblings.

(3) The names of contacts of the alien in the aliens 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 aliens acceptance at that institution; and

(ii) the consular officer has adequately reviewed the applicants 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.

(Pub. L. 107173, title V, § 501, May 14, 2002, 116 Stat. 560.)

Notes

Editorial Notes

Codification Section is comprised of section 501 of Pub. L. 107173. Subsec. (a) of section 501 of Pub. L. 107173 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.