We, the undersigned, respectfully call on the U.S. Government to amend current policies regarding the collection and retention of the I-901 SEVIS Fee from international students who are denied F-1, J-1, or M-1 visas.

The I-901 SEVIS Fee, established under the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 and codified at 8 U.S.C. § 1372, was designed to fund the Student and Exchange Visitor Information System (SEVIS), which monitors and supports international students during their studies in the United States. However, this fee is non-refundable even when an applicant’s visa is denied, leading to a significant financial burden on individuals who derive no benefit from the system.

Issues at Hand

1. No Services Rendered:

The SEVIS Fee is intended to support the operations of SEVIS, which only applies to students who are admitted into the U.S. to study. Applicants whose visas are denied do not enter the SEVIS system in a meaningful way and thus receive no corresponding benefits for their payment. Retaining this fee in such cases is fundamentally unjust.

2. Additional Financial Burden:

International students often pay hundreds of dollars in school application fees and visa application fees, which are also non-refundable. The addition of the $350 SEVIS Fee (for F-1 visas) or $220 (for J-1 visas) creates a compounded financial burden, particularly on applicants from developing nations where these fees represent a significant economic hardship.

3. Ethical Concerns:

Retaining fees for a service that was never rendered or utilized raises ethical questions, as it disproportionately impacts vulnerable populations aspiring to better their lives through education.

4. Perception of Fraud:

The practice of collecting and retaining the SEVIS Fee despite visa denial undermines trust in U.S. immigration policies. This could be perceived as exploitative, tarnishing the global image of the United States as a fair and just nation.

Legal Considerations

The current policy of retaining SEVIS Fees for denied visa applicants lacks justification under the principles of equity and fairness. While DHS regulations allow for the collection of this fee, they do not explicitly mandate its retention in cases where services are not rendered. By amending 8 C.F.R. § 214.13 to allow refunds in cases of visa denials, the U.S. government would align its practices with basic consumer protection principles and enhance the credibility of its immigration policies.

Our Request

We urge the U.S. Government to:

1. Amend existing regulations to mandate the refund of SEVIS Fees to applicants whose visa applications are denied or charge the fees only when the applicants receive their F-1 visa.
2. 
   Establish a clear and transparent refund process to ensure timely reimbursement of the SEVIS Fee.

Conclusion

International students contribute significantly to the U.S. economy and academic institutions. By addressing this issue, the U.S. Government will demonstrate its commitment to fair and ethical treatment of prospective students while maintaining its reputation as a global leader in higher education.

We, the undersigned, urge you to take immediate action to address this injustice.

Convener 

Frank Sarpong - Travel To America TV