Law Cite 8 CFR § 214.3(i)
A Designated School Official (DSO), or Principal Designated
School Official (PDSO) is a regularly employed member of the school administration
whose office is located at the school and whose compensation does not come
from commission for recruitment of foreign students.
The PDSO or DSO must be either a citizen or a lawful permanent resident
of the United States.
Designated School Officials (DSOs) are required to carry out numerous responsibilities
and to fill various roles. These roles sometimes appear to be at cross purposes
and
present DSOs with situations where the “correct” interpretation is hard
to determine and good judgment must be exercised. DSOs must carryout the
responsibilities assigned by their institutional employers, and comply with
an array of federal regulations, yet provide the best possible service to
their students and other “constituents.” These other constituents may include
the students’ dependents, government or financial sponsors, academic advisers,
supervisors, and other individuals or groups that have an interest in the
student and feel entitled to information, assistance, or influence with
regard to the international student. Defining boundaries and responsibilities
in all these relationships and in the flux of constantly changing circumstances,
regulations, and expectations is a Herculean task. DSOs face these tasks
as they grapple with the additional workload brought about by SEVIS and,
for many, an increasing number of students in difficult economic and political
situations.
Historically, most DSOs have seen themselves as an advisor, friend, mentor,
confidant, and/or advocate to the international student. The majority of
the work does seem, for many DSOs, to be moving toward the collection, monitoring,
and reporting of information rather than assisting international students
to get their visas and/or employment authorizations or to acculturate to
their new place of study.
With differing roles, a DSO will certainly face difficult decisions (e.g.
what to do if a student reveals in a discussion an action or circumstance
that is or may be a violation of status) or actions (e.g. terminating a
student’s record in SEVIS for a violation of status). With the implementation
of SEVIS, the increasing explicitness of the regulations, and the numerous
and repeated certifications of DSO compliance, there seems to be a decrease
in the latitude with which a DSO may act or the extent to which discretion
may be used. It is more important than ever for F-1 students not only to
understand the requirements of maintaining their lawful non-immigrant status
(along with all the procedures, conditions, and time-frames involved), but
also to understand fully that they are ultimately responsible for maintaining
their own non-immigrant status. They need to realize that many infractions,
no matter how minor they may appear, preclude reinstatement and have significant
short-term and long-term consequences.
In addition to abiding by NAFSA’s code of Ethic, DSOs would be wise to utilize
other resources-particularly knowledgeable NAFSAns and their own institution’s
legal counsel to establish effective policies and business practices as
pertain to the advising of international students in order to be consistent,
lawful, practical, and beneficial for all parties.
The roles and responsibilities of DSOs are indeed changing and every DSO
and PDSO – must adapt and forge a solution that complies with statutory
requirements, institutional demands, and the needs of the F-1 student. The
DSO is pivotal for the continuation of international education and is the
key to success for the entire student visa program. It is the DSO, not the
institution or any federal agency, that assists the international student
with maintaining status so that he/she can reach his/her academic goals.
One DSO at each institution has an additional responsibility, that of Principal
Designated school Official or PDSO. The PDSO serves as the contact between
the BCIS and the institution with the authority to add or delete campus
DSOs in SEVIS and the responsibility for optimal batch-file processing in
SEVIS.
DSOs often have conflicting responsibilities that create ethical and legal
dilemmas in performing their duties as international educators. A DSO is
entrusted to protect his/her institution’s ability to enroll/employee international
students. The DSO is an advocate of and confidential advisor to students.
However, at times SEVIS compliance is at odds with a DSOs preferred role.
Indeed DSOs are struggling to balance security requirements with their desires
to facilitate international educational exchange. There are no easy or clear-cut
answers to many of the issues facing the seasoned DSO in today’s environment.
However when facing ethical dilemmas DSOs can refer to NAFSA’s Code of Ethics
for guidance.
*User manual for school Users of the Student
and Exchange Visitor Information System
http://www.immigration.gov/graphics/lawsregs/schoolu3.pdf
