US tightens rules for foreign students

WASHINGTON: The Immigration and Naturalization Service, starting Jan 1, will introduce a new monitoring system to ensure that those who come to the United States to study actually attend the schools where they were registered.

The Student and Exchange Visitor Information System will give the INS the ability to keep tabs on students from the day they enter the United States.

“The purpose is to ensure that foreign students and exchange visitors who have entered our nation to study in our schools actually enroll in those schools,” said Jorge Martinez, a spokesman for the Department of Justice.

As many as 15 of the 19 terrorists involved in the Sept 11, 2001, attacks came to the United States as students, however instead of going to school, they set up terror camps.

The SEVIS will also be a database with which to identify trends and patterns that may help signal or assess risks, the INS officials said.

After last year’s terrorist attacks, the Congress required the INS to maintain updated information on the approximately 1 million non-immigrant foreign students and exchange visitors during the course of their stay in the United States each year.

“It further demonstrates our commitment to protect our nation’s security, while allowing international students and exchange visitors to enjoy an educational experience in the United States,” said Mr Martinez.

All authorized schools in the country will be required to use the new system after Jan 30, 2003. They will issue the SEVIS I-20 forms to all new students, as well as to current students who need new I-20 forms because of a change of enrollment or some other reportable event.

The SEVIS requires that by Aug 1, schools must enter data into the SEVIS about those students who were enrolled prior to Jan 30, 2003 and to report both a student’s physical and mailing address when the two vary.

The SEVIS applies to visa categories F (academic students), J (exchange visitors), and M (non-academic students) for temporary foreign visitors.

Schools will also be required to report a student’s failure to enroll.

Currently, individuals who may never intend to attend school in the United States could nevertheless obtain a student visa, enter the country, and then disappear without ever being reported as a “no-show”. Schools often assumed that a student who failed to appear might have chosen to attend a different school and often have not reported a student’s failure to register for classes.

Under the new rules, schools will be notified when students enter the country using their I-20 forms, thus putting school administrators on notice that the students are supposed to heading to campus. The schools are then required to advise the INS within 30 days of the registration date whether or not the students have actually registered for classes.

The system will enable schools to electronically transmit current data to INS and the Department of State throughout the student’s stay. When a student falls out of status, INS will be informed and can take appropriate action.

Because schools will be required to update the SEVIS on a regular basis, the INS should receive timely information as to whether students are fulfilling school requirements in their course of study. The INS will know, for example, if a student drops out of a programme, changes his or her address or name, or switches field of study.

Specifically, schools are required to report the information that whether the student has enrolled at the school, dropped below a full course of study without prior authorization by the school, or failed to enroll; the current address of each enrolled student; the start date of the student’s next session, term, semester, trimester, or quarter.

Within 21 days of a change of any information, schools will be required to report that any student who has failed to maintain status or complete his or her programme; a change of the student’s or dependent’s legal name or US address; any student who has graduated early or prior to the programme end date; any disciplinary action taken by the school against the student as a result of the student being convicted of a crime.

The SEVIS also regulates employment authorization for students, based on severe economic hardship, and internships with an international organization for example, an F-1 student is permitted to begin on-campus employment prior to the start of classes, but schools are not permitted to indicate a programme start date more than 30 days prior to the start of classes for the purpose of on-campus employment.

Additionally, prior to Aug 1, 2003, if exigent circumstances can be demonstrated, the INS will allow dependents to enter the United States with a copy of the principal F-1 or M-1 SEVIS Form I-20. The rule also allows an F-2 or M-2 dependent enrolled in a full course of study prior to January 1, 2003, to continue their studies, provided they apply for a change of status to F-1 or M-1 within 90 days of publication of this rule.

Although a student may be authorized for up to 12 months of a reduced course load in the case of an illness or medical condition, a school official must reauthorize the reduction each term or session, and must update this authorization in the SEVIS.

The 12-month limit on the authorization to reduce course load for illness or medical condition is applied per each particular programme level. The INS will allow school official to accept medical documentation provided by licensed medical doctors, doctors of osteopathy, or licensed clinical psychologists to substantiate a student’s reason for dropping below a full course of study for illness or medical condition.

A foreign student may not remain in the United States between the programmes if the student will not resume classes within five months of transferring out of the current school, or within five months of the programme completion date as indicated on the I-20 form issued by the current school, whichever date is earlier.

One regulation the SEVIS does not impose is a limit on the number of schools to which a transferring F-1 or M-1 student may apply. The transferring student may apply to and be accepted by any number of INS-authorized schools.

The rule restricts the number of SEVIS I-20 forms that may be issued to a transferring student, however he or she must first select one transfer school. Among other changes the INS will allow elementary and secondary students to count distance education and on-line courses in their determination of a full course of study; time spent studying abroad may count toward the one full academic year requirement, but the student must have spent at least one full academic term in a full course of study in the United States prior to going abroad to study; the school that recommends a foreign student for optional practical training remains responsible for maintaining the student’s records in the SEVIS during the time that training is authorized.

Finally, the INS has added a provision to allow for a student’s record to be administratively corrected in situations where the error in question resulted from potential technological errors or errors on the part of the SEVIS.

The rule provides that circumstances beyond the control of the foreign student might include inadvertence, oversight, or neglect on the part of the school official, but do not include instances where a pattern of repeated violations or where a willful failure on the part of the student resulted in the need for reinstatement.

Public transport system in disarray

THE public transport system of Faisalabad, the country’s third largest city, is in total disorder due to the negligence of the authorities.

Students, daily wage earners, industrial workers and government employees are facing difficulties due to the shortage of transport. Women are the major victims of the ill-managed urban transport system. There are complaints about teasing by conductors and drivers, and long queues of students can be seen at every intersection, especially during closing of educational institutions.

Overloading of buses is a common feature during rush hours. Students often travel on foot boards and roofs of vehicles. Many commuters travel by holding on to the metal staircase installed at the rear of buses and wagons. There is a rush on main roads throughout the day.

All governments ignored this important issue after the abolition of the Punjab Road Transport Corporation. However, in early 70’s, the government introduced double-decker buses in the city on two routes and later introduced the same under Government Transport Service in 1973. But in 1976, the omnibus project was wound up and the citizens left at the mercy of private transporters. By 1994, private wagon owners set up their monopoly, with eight seater vehicles loaded with up to 20 passengers, packed like animals.

The Faisalabad Urban Transport was later set up by an NGO, with the DIG, defunct deputy commissioner, SSP, RTA secretary, administrator of defunct municipal corporation as its members and the commissioner as its chairman. The NGO, run by government officials, was an example of a public welfare project not dependent on government funds. But that service has now become a nuisance due to negligence.

It is said that FUT administration is not paying proper attention to the smooth operation of this service as over 90 per cent of its fleet is in a shambles. Besides smoky engines, there is hardly any check on careless driving, overcharging and overloading. Such a sorry state of affairs has brought a bad name to FUT. Huge amounts collected by it from wagon owners are not being spent on improvement of the service.

Transporters are of the view that FUT should purchase new wagons instead of spending millions on non-development projects.

FUT was of the view that the ‘profit amount’ collected from wagon owners was being spent on patch-work of the city roads, upgrading of traffic signals, setting up of wagon stops and improvement of the traffic system. Drivers and wagon owners denied these claims, adding that FUT had failed to provide any relief to the commuters and spent profit on providing funds for elite educational institutions, purchase of furniture for high-ranking police and administrative officials and wireless sets and motorcycles for police by violating the rules and regulations.

Recently, a private transport company was allowed to ply its buses in the city after a long debate and series of approvals by different agencies. Only low-rush areas were earmarked for this firm by the FUT controllers who are top bureaucrats. This service is no doubt a good omen for the commuters, but it is in no position to cater to the needs of the citizens due to small number of vehicles at its disposal.

A Netherlands-based NGO — Jacob & Associates — jumped into this mess and announced that it would provide a fleet of buses at its own cost under the government rules. This NGO appears to be hopeful of resolving this ticklish problem and to providing better transport without financial assistance of any private or government agency.

Z.A. Melick, director, South Asian region for this NGO, told newsmen that the Faisalabad Community Transport Project, which was compatible with the plan of poverty alleviation and social development, would help the government in implementing the UN programme for poverty eradication in South Asian region. The project was formulated primarily with the object of public welfare and poverty alleviation, initially for Faisalabad, to be extended to other cities later.

He said three routes — Dhoodhiwala to Ghulam Muhammadabad, Fawarah Chowk to Millat Chowk and Madina Town to Airport — would be introduced in the first phase, and fares would be based on monthly card basis without ticket system. The cards will be available for Rs175 per month for students for four trips a day; Rs190 for senior citizens for unlimited trips, Rs289 for six trips a day for government employees and Rs310 a month for four trips a day for private employees on all routes. For children and the disabled, the service would be free. Persons serving in the armed forces would be eligible for a weekly pass against Rs30, which would be valid for one week and unlimited trips. Matriculation and educated jobless people will be awarded one-week free pass once in three months to help them find a job. Non-card holders could buy a ticket of Rs15 for all routes and unlimited travel, he claimed.

He said the project would be 100 per cent financed by the company without any contribution for financial obligation from the government. The company would undertake responsibility of continuous maintenance of roads of the proposed routes free of cost.

About vehicle utilization, he said initially 60 refurbished buses having a seating capacity of 45 to 79 each would be inducted. Subsequently, the number of buses/coaches and routes would be increased according to the requirement. Citizens have expressed dismay over extraordinary delay in implementing a workable public welfare oriented proposal of a foreign NGO for providing modern transport facilities without any financial burden on the government treasury. The government should encourage such projects in the larger interest of the common man.

Rights & obligations

THE Quran reveals two kinds of rights; one consisting of the rights of Allah over human beings and the other about the rights of human beings over one another. A third kind of obligations having no corresponding rights as such but still as emphasised by the Quran could be the obligations of human beings in relation to other creations of Allah.

It is an admitted fact that every obligation has some source or basis even if it has no corresponding right. At the same time it is argued that all the obligations referred to above are nothing but the Will of Allah. True, but that will of Allah is not an arbitrary will in the sense that Allah simply wishes the human beings to discharge these obligations. All the three kinds of obligations emanate from sound and upstanding sources.

The first of the sources from which the obligations of human beings to Allah emanate is their creation and that too in the best possible form (95:4). The other is their placement as Allah’s vicegerents on earth, an exalted position for which Allah chose the human beings (6:165). The third is the endowment of all faculties necessary for discharging their duties as Allah’s vicegerents. They are the ability to think, the ability to reason, to hear, to feel, to see, to talk to love and to be merciful (16:78) (30:21) (91:8).

The fourth is the provision of necessary guidance starting from Adam and completing with Muhammad (peace be upon him) (20:123,124) (76:3). The fifth is that whatever is on the earth and in the heavens has been subjected to them to serve their interests or to be made use of by them (31:20). The sixth is the prescription of a common and easiest possible way for seeking forgiveness for the wrongs committed, namely, sincere repentance (11.90).

The seventh is the placement of an obligation by Allah on Himself in relation to human beings, namely, Mercy (6:54) with a categorical assurance that they should not despair of it even if they have wronged themselves (39:53). All these favours have been summed up by the Quran thus “and conferred on them special favours above a greater part of our creation” (17:70).

For all the above favours, a human being is expected to discharge three obligations to Allah. One is to have faith in the existence and Unity of Allah and in all his Messengers and Books (112:1-4) (2:136,177). The other is to be obedient, devoted and faithful to Allah or to be more specific to understand, act upon and implement what Allah has ordained (51:56). This is what the word “worship” in this verse implies. The third is to have faith in the Day of Judgment (2:4) and in the fact that he will be called to account for whatever he has done or not done in this world, in general, and about the discharge of his obligations in particular (7:6).

The sources from which the obligations that the human beings owe to one another emanate are: the fact they are born of the same male and female couple (49:13) the intellect and affection, including the ability to empathize, they have been endowed with (16:78), the love and mercy that Allah has put in their hearts (30:21), the ability to make distinction between right and wrong (91:8) and the guidance provided to them.

Hence, the first obligation that a human being should owe to his fellow beings could be to accept that they are all basically equal (49:13) and are, therefore, entitled to all such rights that could be basic to human needs and dignity within the acceptable limits of fairness, decency and morality. The other obligation of a human being to his fellow beings, a necessary concomitant of the first obligation, could be to accept and act upon the premise that all human beings are entitled to the same opportunities, to the extent possible, in order to make use of the faculties they have been endowed with, including the opportunity to learn, contribute and be accordingly rewarded.

The third obligation of a human being to his fellow beings could be to observe, to the extent possible, the principles of justice and fair play (57:25) in all his dealings with others. This, among other things, should mean to be just and fair to others without any distinction (4:135) (5:8), not to usurp what belongs to others (2:188) (4:32), not to violate rusts (8:27), to fulfil promises made (17:34), not to withhold from others things that are due to them (11:85), to render financial help to the needy (2:219), not to commit excesses (5:87), deal with the orphans in the way which is for their benefit (2:220), to refrain from bigotry and to love others and seek their welfare.

The fourth obligation of a human being to his fellow beings could be that in all matters of general treatment he shall, as far as possible, treat the others in the same way in which he would like himself to be treated. Clear indications in this regard may be found in the Quranic verses which say “and do not pick up for charity those worthless things which you yourself will only accept in disdain by connivance (2:267), and “return the same or better greeting when you are greeted” (4:86) and in the saying of the Prophet when he said “take care of your slaves and let them eat what you yourself eat and let them wear what you yourself wear.”

The sources from which the obligations of human beings in relation to other creations of Allah emanate are the endowment of the faculties of thinking, reasoning and imagination (16:78), the fact that every thing in the earth and in the heavens has been subjected to them (31:20) and the guidance provided. From the word subjected in the verse (31:20) it follows that all these things are either providing services to the human beings or can be made use of by the human beings. That’s why the Quran says “He gave you all you ask of Him and if you count the favours of Allah you cannot reckon it” (14:34).

The Quran repeatedly exhorts the believers to seek the Bounty of Allah (17:66) and reflect over the Signs in His creation (45:13). Seeking does involve some kind of effort, mental or physical, while reflecting does not mean mere thinking over but also drawing conclusion there from for some use or purpose. Sir Isaac Newton formulated his laws of gravitation while pondering over the fall of an apple from the tree. Likewise, the use of a thing does not mean simply its consumption or conversion into something else. The preservation of a thing, as it is, may be more useful than its consumption or conversion.

Thus, the main obligations of human beings in relation to other creations of Allah could be to seek and explore whatever of such creation they can, to reflect over various signs in the creation, to make proper use of such creation as are within their reach and of the conclusions drawn from the signs reflected over, and to preserve so much of such creation as may be necessary, whether it be on earth or in the heavens.