This week the
Department of State published a final rule creating two new
nonimmigrant visa categories - F3 and M3, for residents and citizens
of
Mexico
and
Canada
. The visa will allow Canadian and Mexican commuters to enter the
United States
to attend an approved F or M school.
What
is the background of these new visa classifications?
The Department of
State's amendments were drafted in order to implement the "Border
Commuter Student Act of 2002," which was signed into law on
November 2, 2002. The bill was introduced by Rep Jim Kolbe of
Arizona
in the House and Senator Kay Bailey Hutchinson of
Texas
in the Senate.
The law allows
Mexican and Canadian citizens traveling across the border to take
classes part-time or full-time in the
United States
to be admitted. Previously, part-time students from Canada and Mexico
were allowed to enter the US as visitors, but in the aftermath of Sept
11, the Department of Homeland Security found such students not
eligible for admittance as visitors since their purpose was to attend
class, and they were also not eligible for F-1 (academic) or M-1
(non-academic or vocational) visas because those classifications
require students to attend full-time.
Do
the new visa classifications allow for any activity other than
part-time study?
Students classified
under the F-3 and M-3 are permitted to study on either a part-time or
a full-time basis, but family members are not entitled to derivative
F-2 or M-2 status.
When
will the rule take effect?
The rule took effect
August 11, 2003
.
*****
The
Border Commuter Student Act of 2002 can be viewed online at: http://thomas.loc.gov/cgi-bin/t2GPO/http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=107_cong_bills&docid=f:h4967rds.txt.pdf
