好消息：回应国际学生减少－美国务院做出20条最新调整
http://www.international.duke.edu/Flash/NEWSFLASH_DOSCable_20040412.htm
Student Visa Applications at Embassies and Consular Posts
Department of State Cable
Student Visa Issuance for Summer 2004.
We are pleased to see that the Department of State has issued a cable to its e
mbassies and consular posts advising them that newly admitted international st
udents will soon be applying for visas, and encouraging posts to make every ef
fort to issue student visas as quickly and efficiently as possible. We appreci
ate Mr. Powell’s attention to this issue and his recognition of the immense c
ontribution that international education makes to America – in his words, "Th
e foreign student plays an important role within the U.S. educational communit
y, in the U.S. economy, and in understanding abroad of U.S. society and values
."
The cable reminds posts that students are under deadlines that they cannot cha
nge and that posts can adjust their internal operations to help meet the expec
ted need.
Note also that paragraphs 8 and 9 speak directly to the issue of showing nonim
migrant intent and provide guidance and interpretation to the posts that posit
ively addresses some of the areas of difficulty in the past. In particular the
cable recognizes that students will not necessarily have well-formed plans fo
r work at home after graduation (similar to the situation for U.S. students),
and that the absence of such plans is not, of itself, a reason for denial of a
visa.
We reproduce the text of the cable below. It should eventually appear on the D
epartment of State website at
http://travel.state.gov/visa_telegrams.htmlbut
has not yet been posted there.
UNCLAS STATE 070079
SUBJECT: THE CHALLENGING WORK OF STUDENT VISAS
REF: (A) 03 STATE 336004 (B) 03 STATE 279071 (C) 03 STATE 144850 (D) STATE
139997 (E) 03 STATE 74670 (F) STATE 11615
1. Processing student visas applications is an increasingly important part of
the mission of U.S. embassies and consulates overseas, and is growing
in visibility at home. The foreign student plays an important role within the
U.S. educational community, in the U.S. economy, and in understanding
abroad of U.S. society and values. Adjudicating student visas is perhaps one o
f the most challenging aspects of consular work. Consular managers
should place a high priority on ensuring that students have the opportunity to
apply for their visas in a timely manner. As the upcoming
academic year approaches, posts are encouraged to prepare themselves for the e
xpected increase in student visa applications during the spring and
summer months. As a first step, consular officers should review reftel (D), 03
STATE 139997, for important information on adjudicating student
visas as well as FAM notes.
2. The most important advice to pass along to students and exchange visitors i
s to encourage them to apply early. This is especially important
during the busy summer season. Work with your PAOs, local State Department-aff
iliated EducationUSA advising center (See reftel (F) for
more detail) and others involved in international education to encourage stude
nt applicants to apply as soon as they have their I-20 or DS-2019.
Remember that although you must wait until 90 days before the initial program
start date to issue a student visa, the prospective student may
actually apply before that date. Especially in countries where students often
face namecheck delays, students should be encouraged to apply as
early as possible.
3. The most important tool that consular managers have is the ability to estab
lish special procedures to expedite student and exchange visitor visa
applications. Posts have been encouraged to do so in the past, and this option
is more important than ever, especially since a personal appearance
is now required for all student visa applicants. This is especially important
in countries where students are more likely to be subject to
additional namechecks. Unlike most other visa applicants, most students are su
bject to deadlines not of their own choosing.
4. SEVIS, the Student and Exchange Visitor Information System, continues to be
a success. SEVIS contains over 1.4 million records, and past
technical problems have significantly decreased. Posts should no longer be see
ing any non-SEVIS-generated I-20 or DS-2019 forms. The SEVIS Response
Team, which was reconvened in early January, has reported a very low volume of
requests for assistance.
5. SEVIS records are most easily accessed through the SEVIS ID number. System
users should be careful to make sure that they are indicating the
correct class of visa when trying to access SEVIS records. The CCD SEVIS scree
n has a drop down visa class menu with four possible visa classes:
F-1/M-1, F-2/M-2 dependent, J-1 and J-2 dependent. If a valid SEVIS ID is chec
ked under a different visa class, the system will not match the SEVIS
ID record.
6. Consular officers should remember that at present only a limited number of
SEVIS data fields are available via the CCD. CA is working to bring
access to the entire SEVIS database to consulates. Until that time, consular o
fficers should contact CA/VO/F/P if any additional information
on a SEVIS entry is required.
7. The Visa Office works closely with the DHS SEVIS program in answering any q
uestions consular officers might have about using SEVIS. If you have
problems with individual cases or general questions about the SEVI system, ple
ase contact CA/VO/F/P. If you encounter a SEVI namecheck hit, this
means that the student may have previously violated the requirements of SEVIS
and that further questioning may be warranted. A SEVI hit does
not/not necessarily indicate any ineligibility, only that the student has been
terminated in the SEVIS system in the past. The consular officer
should determine that the student is currently a bona fide, in-status student
at the institution that issued the I-20. If consular officers
receive satisfactory answers to questions about previous studies and current e
nrollment, these SEVI cases should be processed routinely, and a
visa may be issued. The SEVI code should not be used as a sole means for denyi
ng a visa. Students and long-term intent
8. One of the greatest challenges in adjudicating a student visa is to determi
ne a student's ultimate intent in going to the United States to
study. While a U.S. education is valuable world-wide, there are no doubt some
prospective students who use U.S. study as the first step toward
immigration to the United States, and a few who apply for student visas with n
o intent of actually enrolling in school.
9. It is important to keep in mind, however, that students are generally young
er and by definition are just starting out in their adult lives and
careers. Many do not have concrete plans on what they will do after graduation
from a U.S. school. One of the reasons they are seeking
education in the United States is to broaden the opportunities they will have
in later life. A student can not be expected to detail his or her
post-graduate plans entirely when applying for a student visa. The relevant po
rtion of Section 101(a)(15)(F) of the Immigration and
Nationality Act specifies that the applicant have "a residence in a foreign co
untry which he has no intention of abandoning." Among the
factors a consular officer should consider are the following: Is the education
appropriate for the individual student in his or her context in
the home country? Does the student have the financial resources available to f
und his or her education in the United States without having to resort
to unauthorized employment or prolonged interruptions of study? Are there any
external factors that would encourage the student to remain in the
United States without authorization?
10. Trends and past histories of students from particular countries, backgroun
ds, etc., can be useful in assessing the likelihood that a
student will or will not return after studying in the United States, but they
should not be the determining factor. The facts in each individual
application must be carefully considered and weighed against these external fa
ctors in deciding whether or not to issue a student visa.
11. Another useful factor to consider in determining the bona fides of a stude
nt is to review how that student decided to study in the United
States. Students who can show that they have been "vetted" by other responsibl
e individuals or institutions, such as the local EducationUSA
advising center (reftel F) may better demonstrate that they are bona fide stud
ents and have an improved chance of obtaining a student visa.
12. When refusing a student visa application, it is important to explain as cl
early as possible the basis for the refusal.
English Language Proficiency and English Language Study
13. Students coming to study in the United States should have the necessary En
glish-language skills in order to successfully perform the
intended academic work at a U.S. school. Consular officers should verify that
a prospective student's English language ability, is consistent with
the school's understanding of that ability as indicated on Item 6 of the stude
nt's I-20. If English language proficiency is indicated but it is not
clear that the student has sufficient English language skills, further inquiry
should be made as to the student's abilities in English, including
a review of test scores and other information provided to the school to suppor
t their determination.
14. If it is clear that the student does not have sufficient English for the i
ntended academic program, the applicant should be advised of this
fact, and should be advised of the need to improve his/her English skills befo
re reapplying for a visa, including preparatory English study at the
original academic institution or at another school.
15. In the past two years, there has been a significant drop in the numbers of
foreign students coming to the United States to study English
for academic and business purposes. Posts are reminded that full-time study of
English for academic or business purposes is often legitimate.
Most major U.S. universities and a significant number of private organizations
offer intensive English programs for foreign students
planning to study in the United States after acquiring full English proficienc
y. There are two major consortia of leading institutions
offering English, the American Association of Intensive English Programs (AAIE
P) and University and College Intensive English Programs (UCIEP), as
well as a DOE- recognized accrediting agency, the Commission on English Langua
ge Program Accreditation (CEA). Questions about the bona-fides of
institutions offering English language studies may be directed to these organi
zations.
16. High school exchange programs continue to be an important contributor of i
nternational education in the United States. Many consular officers
have expressed concern about high school exchange students not having sufficie
nt English to be able to study in the United States. While this is
a legitimate concern, it is important to remember that one of the motivations
for many students and their parents to participate in U.S.
high school exchange programs is to improve English skills. Many high schools
are prepared to provide English language instruction as necessary
until the student can join the regular academic program. Consular officers sho
uld avoid denying visas to otherwise-qualified exchange students solely
because their English is weak. However, if it is clear that the student is com
pletely unprepared for education in an English-language environment,
then that would be legitimate grounds for refusal.
Change of Status No Longer a Good Idea
17. As mentioned in reftel (E), current realities make entering the United Sta
tes as a B-1 visitor and subsequently changing to F-1 status a
difficult and impractical option for students hoping to spend an extended leng
th of time in the United States prior to the beginning of their
studies. Recent DHS regulations now prohibit persons who enter the United Stat
es in B visitor status from changing status to F-1 without having
declared their intention to do so when they first entered the United States. D
HS regulations also now prohibit a B visitor changing status to
F-1 from actually studying until a change-of-status has been approved. What th
at realistically means is that students who enter the United States
as tourists will most likely not have their change of status approved until af
ter their academic year begins. Incoming students who plan to come
to the United States ahead of time should be cautioned about these difficultie
s in changing status, and reminded that they can enter the
United States in F-1 status up to thirty days before the start of their academ
ic program. Returning students do not face this constraint, and may
return to the United States at any time as long as they are enrolled for the n
ext academic period.
The Importance of Student Visas in our Foreign Policy
18. Enrollment of foreign students in colleges, universities and other institu
tions of higher education in the United States is a key element in
our nation's foreign relations. Study in the United States provides the opport
unity for students from other countries to experience the American
way of life. American-educated men and women play an important role in relatin
g U.S. customs and values when they return to their home countries.
19. Despite a decline in student visa applications over the past two years, th
e United States remains an attractive destination for
international students. During the 2002/2003 academic year, 586,323 internatio
nal students were enrolled in the United States, according to a
study by the Institute for International Education (IIE). India is the leading
source of foreign students in the U.S., followed by China, Korea,
Japan and Taiwan. Posts may read the entire IIE report at
www.IIE.org.
20. Minimize considered. POWELL
--
