This rule proposes to amend the Immigration and Naturalization Service's (Service) regulations to: Establish a $95 fee, that schools and exchange visitor programs must collect and remit on behalf of F-1, J-1, and M-1 nonimmigrants who are subject to this fee when they first register or enroll in school or first commence exchange program participation in the United States; explain which F-1, J-1; and M-1 nonimmigrants are required to pay the fee; describe the consequences that an F-1, J-1, or M-1 nonimmigrant faces upon failure to pay the fee; specify the consequences that an approved school or exchange program faces if it fails to collect the fee and remit it to the Service; and to specify which F-1, J-1, and M-1 nonimmigrants are exempt from the fee. This rule is necessary to implement section 641 (regarding the Program to Collect Information Relating to Nonimmigrant Foreign Students and Other Exchange Program Participants) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), as well as the authority that the Service already has under sections 103 (regarding the Powers and Duties of the Commissioner of the Service) and 214 (regarding Admission of Nonimmigrants) of the Immigration and Nationality Act (Act) and under 31 U.S.C. 9701 and section 286(m) of the Act.
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