On November 2, 2002, the President signed into law PL 107-274, the Border Commuter Student Act of 2002. 2. Prior to the September 11 terrorist attacks on the United States, Canadian and Mexican citizens living in their home countries, but traveling back and forth across the border to take part-time classes in the United States, were admitted into the country as visitors. However, due to security concerns in the aftermath of the attacks, the Immigration and Naturalization Service (INS) stopped admitting these part-time students, holding that they were not eligible for admittance to the United States as visitors since their purpose was to attend class. However, the students also were not eligible for either F-1 (academic) or M-1 (non-academic or vocational) visas because these classifications require students to attend class on a full-time basis. 

The Border Commuter Student Act of 2002 creates two new nonimmigrant student visa categories, F-3 and M-3, for Canadian and Mexican citizens who study part-time in the United States but who live in their home country and commute to academic or vocational classes in the United States.

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