Press Room
FOR IMMEDIATE RELEASE
Contact: Ursula Oak, 202.737.3699 ext. 2553
For Release: Nov 26, 2003
Statement of NAFSA: SEVIS Information Collection
Richard A. Sloan
Director
Regulations and Forms Services Division
Bureau of Citizenship and Immigration Services
Department of Homeland Security
425 I Street, NW
Room 4034
Washington, DC 20536
Re: File No. OMB-30
Dear Mr. Sloan,
This letter constitutes the comment of NAFSA: Association of International Educators on the above-referenced information collection on the Student and Exchange Visitor Information System (SEVIS). NAFSA is the world’s largest association of international education professionals in higher education, with more than 8,700 members throughout the United States and worldwide. Our members include most of the designated school officials and responsible officers who manage the SEVIS system for colleges, universities, and exchange programs.
The information collection notice solicits written comments and suggestions from the public and affected agencies concerning the proposed collection of information for SEVIS, and specifies the areas to be addressed. NAFSA comments will focus on the quality, utility and clarity of the information to be collected, along with accuracy of the agency’s estimate of the burden of the collection.
NAFSA fully supports the purpose for which SEVIS was created: the implementation of a workable electronic tracking system for foreign students and exchange visitors. SEVIS has fallen short of meeting this objective while also becoming a flawed and burdensome system for users and federal agencies to maneuver. SEVIS requires further development before it can reach the systems information collection goals or be relied upon for reporting and enforcement activities.
1. Design Flaws and Bugs Negatively Affect the Quality, Utility and Clarity of the Information Collected
NAFSA applauds the tremendous effort Department of Homeland Security (DHS) has made to improve SEVIS, but there continue to be ongoing design flaws that permeate the system affecting the quality, utility and clarity of the information collected. SEVIS was created to track students’ and exchange visitors’ entry into and departure from the United States and their activities while present in the United States. However, as the system is designed, tracking an individual foreign national is difficult because SEVIS is based on ID numbers, not individuals. A single individual may have many SEVIS IDs for various legitimate purposes. There is currently no method whereby records for the same individual can be electronically linked together, making it impossible to view an individual's entire SEVIS history. This is a serious limitation that irrevocably impacts the reliability, and therefore, the quality and utility of the data in the system for reporting or enforcement purposes.
Design flaws within the system also make SEVIS unnecessarily burdensome to use. Because of the critical importance of information contained within SEVIS, it is vital that the users have the ability to review the data entered in a meaningful way. Too often the display pages in SEVIS do not contain enough information to be decipherable or useful. Design flaws have made navigating SEVIS cumbersome to users, thus affecting quality of the information contained in the system.
The constant technical problems, or “bugs,” in SEVIS have increased the burden on SEVIS users while also compromising the quality of the data collected. DHS has received upwards of 400 "system change requests" (SCRs) from schools to enable the users to effectively and efficiently comply with SEVIS requirements. Examples of a few technical problems include: inability to transfer student records to the correct institution due to lack of information; data are inextricably lost after input; data-entry errors made by the user cannot be corrected; students are mysteriously dropped from the system or their status in SEVIS is changed without the school’s knowledge; the system is too slow; etc. These and other serious technical problems must be corrected to ensure the integrity of the information in SEVIS and before the data may be utilized for any appreciable purpose.
2. “Workarounds” Created by DHS are Burdensome and Do Not Ensure the Quality, Utility or Clarity of the Data Collected
DHS has recognizes instances where SEVIS does not function properly and creates “workarounds” as necessary to allow users to input data or otherwise use the system. The workarounds often require the user to input fake data or somehow trick the system to allow the user to fulfill the reporting requirements. These workarounds have become increasingly burdensome because they: 1) are inadequately documented, 2) are not formally or systematically communicated to the users, 3) continue to grow in number and complexity, making it increasingly difficult for users to track them, and 4) are incorrectly and inconsistently described by the HelpDesk to the users, creating serious legal issues for students, and subsequently, extra unnecessary work for both the staff of the government and the institution to unravel the problems.
The workarounds inherently impact the quality and utility of the information within SEVIS. Though NAFSA appreciates DHS’s willingness to work with the users of the system to ensure compliance with reporting requirements, the input of fake data or compromising the process ultimately results in unreliable data. Reports run from the system will not extract correct or complete information. The ongoing use of workarounds, coupled with the design and technical flaws, are evidence that the system is not yet functioning to a capacity that would support its use for enforcement or reporting purposes.
3. Database Interaction Failures Negate the Utility of the Information Collected
Success of SEVIS is hinged on the seamless communication between various federal agencies’ databases. This communication has been flawed. Earlier this year, SEVIS data were not effectively transmitted to a Department of State (DOS) database which resulted in students being turned away at consulates. Schools scrambled to correct these cases so that their students were able to enter the United States in time to begin their studies. This database interaction failure negated the utility of the information collected because DOS was unable to access it.
It is undeniable that the information in SEVIS lacks utility if federal agencies are unable to access it. A current example is that database incompatibilities make it impossible in some cases for schools to fulfill their legal obligation to report to DHS any student who passed through a port of entry with that school's I-20 form but failed to arrive at the school. The legacy INS system at the port of entry is supposed to link up with the SEVIS system and input data on place and date of entry. In a significant percentage of cases, the match does not occur, the data are not entered, and the school has no way of knowing that it is supposed to be expecting that student. This one example elucidates the impact of continuing database interaction failures. Similar problems are anticipated as there is further expansion access to SEVIS data, particularly as US-VISIT comes online. Database interaction is required to ensure the utility of the information collected by SEVIS.
4. Lack of Intra-agency Communication Hampers the Quality, Utility and Clarity of the Information Collected
The law creating the DHS separated the legacy INS into three different bureaus: the Bureau of Immigration and Customs Enforcement (ICE), the Bureau of Customs and Border Protection (CBP) and the Bureau of Citizenship and Immigration Services (CIS). SEVIS is the responsibility of ICE, but most interaction with respect to the management of student nonimmigrants takes place between schools and school/student officers at the former INS District Offices, which now report to CIS. The entry-exit process is overseen by CBP complicating the SEVIS program even further. The CIS and CBP officers seem to disregard or have no effective guidance from ICE regarding SEVIS requirements. Channels of communication between the bureaus have not been clearly defined. As a consequence, schools frequently receive inaccurate and conflicting advice. Coordination between the bureaus must be enhanced to ensure that each consistently provides the same accurate information. Without this coordination, the information in SEVIS will lack the quality and consistency necessary for the information to be relied upon for reporting or enforcement activities.
5. The Time Burden was Significantly Underestimated
SEVIS regulations required data collection on students (F-1), exchange visitors (J-1) and vocational students (M-1) along with all their dependents. The time burden for collecting the data for the primary applicant is quite significant. The data collection for the dependents, which includes spouses and children, even infants, exponentially increases the time burden. Prior to SEVIS implementation, schools did not keep detailed records of dependents, issue Forms I-20 or DS-2019 for them, or have any special reporting requirements for this population. Collecting and maintaining data on dependents must be considered when estimating the time burden of the SEVIS reporting requirements. Additionally, DHS must carefully assess the need for the information collected on this population.
6. NAFSA Supports Improvements
NAFSA greatly appreciates the effort that DHS has expended to implement a number of improvements to SEVIS. Furthermore, we congratulate DHS on its efforts to include NAFSA in the discussion of the ongoing challenges present in the system. Much further work is required though, before SEVIS will fulfill its stated goals. NAFSA stands ready to work with DHS implement the necessary improvements to the system.
Sincerely,
Victor C. Johnson
Associate Executive Director
Public Policy
Director
Regulations and Forms Services Division
Bureau of Citizenship and Immigration Services
Department of Homeland Security
425 I Street, NW
Room 4034
Washington, DC 20536
Re: File No. OMB-30
Dear Mr. Sloan,
This letter constitutes the comment of NAFSA: Association of International Educators on the above-referenced information collection on the Student and Exchange Visitor Information System (SEVIS). NAFSA is the world’s largest association of international education professionals in higher education, with more than 8,700 members throughout the United States and worldwide. Our members include most of the designated school officials and responsible officers who manage the SEVIS system for colleges, universities, and exchange programs.
The information collection notice solicits written comments and suggestions from the public and affected agencies concerning the proposed collection of information for SEVIS, and specifies the areas to be addressed. NAFSA comments will focus on the quality, utility and clarity of the information to be collected, along with accuracy of the agency’s estimate of the burden of the collection.
NAFSA fully supports the purpose for which SEVIS was created: the implementation of a workable electronic tracking system for foreign students and exchange visitors. SEVIS has fallen short of meeting this objective while also becoming a flawed and burdensome system for users and federal agencies to maneuver. SEVIS requires further development before it can reach the systems information collection goals or be relied upon for reporting and enforcement activities.
1. Design Flaws and Bugs Negatively Affect the Quality, Utility and Clarity of the Information Collected
NAFSA applauds the tremendous effort Department of Homeland Security (DHS) has made to improve SEVIS, but there continue to be ongoing design flaws that permeate the system affecting the quality, utility and clarity of the information collected. SEVIS was created to track students’ and exchange visitors’ entry into and departure from the United States and their activities while present in the United States. However, as the system is designed, tracking an individual foreign national is difficult because SEVIS is based on ID numbers, not individuals. A single individual may have many SEVIS IDs for various legitimate purposes. There is currently no method whereby records for the same individual can be electronically linked together, making it impossible to view an individual's entire SEVIS history. This is a serious limitation that irrevocably impacts the reliability, and therefore, the quality and utility of the data in the system for reporting or enforcement purposes.
Design flaws within the system also make SEVIS unnecessarily burdensome to use. Because of the critical importance of information contained within SEVIS, it is vital that the users have the ability to review the data entered in a meaningful way. Too often the display pages in SEVIS do not contain enough information to be decipherable or useful. Design flaws have made navigating SEVIS cumbersome to users, thus affecting quality of the information contained in the system.
The constant technical problems, or “bugs,” in SEVIS have increased the burden on SEVIS users while also compromising the quality of the data collected. DHS has received upwards of 400 "system change requests" (SCRs) from schools to enable the users to effectively and efficiently comply with SEVIS requirements. Examples of a few technical problems include: inability to transfer student records to the correct institution due to lack of information; data are inextricably lost after input; data-entry errors made by the user cannot be corrected; students are mysteriously dropped from the system or their status in SEVIS is changed without the school’s knowledge; the system is too slow; etc. These and other serious technical problems must be corrected to ensure the integrity of the information in SEVIS and before the data may be utilized for any appreciable purpose.
2. “Workarounds” Created by DHS are Burdensome and Do Not Ensure the Quality, Utility or Clarity of the Data Collected
DHS has recognizes instances where SEVIS does not function properly and creates “workarounds” as necessary to allow users to input data or otherwise use the system. The workarounds often require the user to input fake data or somehow trick the system to allow the user to fulfill the reporting requirements. These workarounds have become increasingly burdensome because they: 1) are inadequately documented, 2) are not formally or systematically communicated to the users, 3) continue to grow in number and complexity, making it increasingly difficult for users to track them, and 4) are incorrectly and inconsistently described by the HelpDesk to the users, creating serious legal issues for students, and subsequently, extra unnecessary work for both the staff of the government and the institution to unravel the problems.
The workarounds inherently impact the quality and utility of the information within SEVIS. Though NAFSA appreciates DHS’s willingness to work with the users of the system to ensure compliance with reporting requirements, the input of fake data or compromising the process ultimately results in unreliable data. Reports run from the system will not extract correct or complete information. The ongoing use of workarounds, coupled with the design and technical flaws, are evidence that the system is not yet functioning to a capacity that would support its use for enforcement or reporting purposes.
3. Database Interaction Failures Negate the Utility of the Information Collected
Success of SEVIS is hinged on the seamless communication between various federal agencies’ databases. This communication has been flawed. Earlier this year, SEVIS data were not effectively transmitted to a Department of State (DOS) database which resulted in students being turned away at consulates. Schools scrambled to correct these cases so that their students were able to enter the United States in time to begin their studies. This database interaction failure negated the utility of the information collected because DOS was unable to access it.
It is undeniable that the information in SEVIS lacks utility if federal agencies are unable to access it. A current example is that database incompatibilities make it impossible in some cases for schools to fulfill their legal obligation to report to DHS any student who passed through a port of entry with that school's I-20 form but failed to arrive at the school. The legacy INS system at the port of entry is supposed to link up with the SEVIS system and input data on place and date of entry. In a significant percentage of cases, the match does not occur, the data are not entered, and the school has no way of knowing that it is supposed to be expecting that student. This one example elucidates the impact of continuing database interaction failures. Similar problems are anticipated as there is further expansion access to SEVIS data, particularly as US-VISIT comes online. Database interaction is required to ensure the utility of the information collected by SEVIS.
4. Lack of Intra-agency Communication Hampers the Quality, Utility and Clarity of the Information Collected
The law creating the DHS separated the legacy INS into three different bureaus: the Bureau of Immigration and Customs Enforcement (ICE), the Bureau of Customs and Border Protection (CBP) and the Bureau of Citizenship and Immigration Services (CIS). SEVIS is the responsibility of ICE, but most interaction with respect to the management of student nonimmigrants takes place between schools and school/student officers at the former INS District Offices, which now report to CIS. The entry-exit process is overseen by CBP complicating the SEVIS program even further. The CIS and CBP officers seem to disregard or have no effective guidance from ICE regarding SEVIS requirements. Channels of communication between the bureaus have not been clearly defined. As a consequence, schools frequently receive inaccurate and conflicting advice. Coordination between the bureaus must be enhanced to ensure that each consistently provides the same accurate information. Without this coordination, the information in SEVIS will lack the quality and consistency necessary for the information to be relied upon for reporting or enforcement activities.
5. The Time Burden was Significantly Underestimated
SEVIS regulations required data collection on students (F-1), exchange visitors (J-1) and vocational students (M-1) along with all their dependents. The time burden for collecting the data for the primary applicant is quite significant. The data collection for the dependents, which includes spouses and children, even infants, exponentially increases the time burden. Prior to SEVIS implementation, schools did not keep detailed records of dependents, issue Forms I-20 or DS-2019 for them, or have any special reporting requirements for this population. Collecting and maintaining data on dependents must be considered when estimating the time burden of the SEVIS reporting requirements. Additionally, DHS must carefully assess the need for the information collected on this population.
6. NAFSA Supports Improvements
NAFSA greatly appreciates the effort that DHS has expended to implement a number of improvements to SEVIS. Furthermore, we congratulate DHS on its efforts to include NAFSA in the discussion of the ongoing challenges present in the system. Much further work is required though, before SEVIS will fulfill its stated goals. NAFSA stands ready to work with DHS implement the necessary improvements to the system.
Sincerely,
Victor C. Johnson
Associate Executive Director
Public Policy
