“A bill to improve student and exchange visitor visa programs.”
No CRS summary available for this bill.
This section defines, for purposes of the Act, SEVIS as the Student and Exchange Visitor Information System of the Department of Homeland Security and SEVP as the Student and Exchange Visitor Program of the Department of Homeland Security.
This section increases the maximum term of imprisonment for visa fraud and related offenses under 18 U.S.C. §1546(a) to 15 years (from 10 years) if committed by an owner, official, employee, or agent of an educational institution with respect to the institution's participation in the Student and Exchange Visitor Program (SEVP); the penalty remains 10 years in other cases. (SEVP, administered by DHS, certifies schools to enroll F-1 and M-1 nonimmigrant students.)
This section requires accreditation by a Secretary of Education-recognized accrediting agency for academic institutions (except public elementary or secondary schools), language training programs, or study programs seeking or granted F (academic student), M (vocational student), or J (exchange visitor) nonimmigrant approval or designation under INA §§101(a)(15)(F), (M), or (J). It further (1) revises the definition of an F nonimmigrant in INA §101(a)(15)(F)(i) by changing the cross-reference from INA §214(l) to §214(m), inserting "language training program," after "elementary school,", striking "or in an accredited language training program", and replacing "Attorney General" with "Secretary of Homeland Security"; (2) strikes INA §101(a)(52) (previously defining accredited language training programs); and (3) adds to INA §214(m) discretionary waiver authority for the DHS Secretary to grant 1-year waivers (extendable in 1-year increments up to the maximum accreditation candidacy period) to otherwise compliant institutions that have been accreditation candidates for at least 1 year and are progressing, with DHS required to publish a list of waived institutions.
This section adds to the information that approved institutions of higher education, other approved educational institutions, and designated exchange visitor programs must report under the foreign student monitoring program by requiring the date on which full tuition has been paid by aliens who have, or are applying for, F, J, or M nonimmigrant status and are nationals of countries designated by the Attorney General. (As background, the program collects data on such aliens to monitor their entry, enrollment, status changes, and activities in the United States.)
This section requires institutions of higher education and other approved educational institutions petitioning for certification or recertification with the Student and Exchange Visitor Program (SEVP)—which oversees schools enrolling nonimmigrant F-1 academic and M-1 vocational students—to submit supporting documents disclosing financial ties to the Government of the People's Republic of China, including (1) final copies of any contracts, agreements, or documentation of financial transactions between the institution (or its affiliated student or faculty groups, foundations, or related entities) and any educational, cultural, or language entity directly or indirectly funded by that government; and (2) a detailed description of any financial contributions from that government or its affiliates to student or faculty groups affiliated with the institution.
This section makes technical corrections to Section 641(c)(1) and (d)(1)(A) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 by removing extraneous commas after "institution" and revises penalties in subsection (d)(3) for certified schools and exchange visitor programs that fail to comply with Student and Exchange Visitor Information System (SEVIS) reporting requirements. Revised penalties require the Secretary of Homeland Security or Secretary of State, as applicable, to (1) impose a fine of not less than $1,000; (2) suspend the institution's or program's authority to issue Forms I-20 or DS-2019 until compliance or terminate SEVP certification under INA §101(a)(15)(F) or (M) or exchange visitor program designation; (3) impose termination if noncompliance persists for 180 days after the reporting due date and termination was not already imposed; and (4) conduct an out-of-cycle compliance review if noncompliance involves information specified in paragraph (2). (Thus, these changes establish a tiered enforcement regime to ensure timely reporting on F, M, and J nonimmigrants.)
This section amends Section 641(d) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1372(d)), which governs certification and data requirements for the Student and Exchange Visitor Program (SEVP)—the program that approves schools to enroll nonimmigrant students on F or M visas and designates sponsors for J exchange visitors—by adding the following: (1) New paragraph (4), authorizing the Secretary of Homeland Security or Secretary of State, if they know or have reasonable grounds to believe that a school principal, designated school official, or exchange program principal, responsible officer, or alternate responsible officer has committed or attempted SEVP-related fraud or is indicted for such fraud, to immediately (and without prior notice) suspend the school's or program's SEVP approval or designation; suspend the official's access to SEVP databases or systems; or suspend the school's or program's authority to issue SEVP-related documents. (2) New paragraph (5), permanently disqualifying such officials convicted of a crime punishable by more than one year of imprisonment—including (A) bringing aliens into the U.S. unlawfully (8 U.S.C. 1324), (B) visa fraud relating to SEVP (18 U.S.C. 1546), (C) espionage (18 U.S.C. ch. 37), (D) peonage, slavery, or trafficking (18 U.S.C. ch. 77), or (E) transportation for illegal sexual activity (18 U.S.C. ch. 117)—from SEVP participation and from submitting SEVP approval petitions.
This section establishes eligibility review requirements under the Student and Exchange Visitor Information System (SEVIS) for principals, designated school officials, responsible officers, and alternate responsible officers at approved educational institutions and designated exchange visitor programs, as well as access to SEVIS databases. Such individuals must be U.S. citizens, nationals, or lawful permanent residents who, during the preceding 4-year period (or within 5 years for those serving on enactment), undergo a DHS review of criminal/sex offender history and immigration status, complete DHS online training, and receive a DHS determination of eligibility with no immigration violations and no risk to public safety or national security. (Thus, DHS may terminate access at any time and must review a sample of documents issued by any failing official; institutions must designate multiple such officials.) The section further requires approved institutions to maintain written agreements with direct and third-party promoters and recruiters—who must register with ICE, meet qualifications, follow representation guidelines, and adhere to permissible fees—with DHS able to suspend or bar violators; authorizes DHS to collect fees equal to the average review cost; permits institutions to require tuition payment before issuing SEVIS documents; and restricts document issuance to transfer students.
This section requires the Secretary of Homeland Security, immediately upon enactment, to rescind any existing Student and Exchange Visitor Program (SEVP) certification held by flight training providers lacking Federal Aviation Administration (FAA) certification under 14 C.F.R. parts 141 or 142 (or successor regulations) and to prohibit such providers from receiving SEVP certification. (SEVP certification authorizes providers to issue Forms I-20 to enroll nonimmigrant F-1 or M-1 students for flight training.)
This section requires an accrediting agency or association to notify the Secretaries of Homeland Security and State, within 30 days, of any final denial, withdrawal, suspension, or termination of an institution's accreditation (in addition to existing notifications to the Secretary of Education and relevant state agencies under the Higher Education Act). Upon receipt of such notification, the Secretary of Homeland Security must terminate the institution's approval to enroll nonimmigrant students under F or M visas (i.e., F-1 academic students or M-1 vocational students).
This section expands the nonimmigrants subject to tracking under the Student and Exchange Visitor Information System (SEVIS)—established by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 to monitor F, J, and M nonimmigrants' compliance with immigration status—to include, in addition to those with or applying for F, J, or M status, any nonimmigrants pursuing or intending to pursue a full course of study at an SEVIS-approved academic institution or language training/vocational program.
This section requires aliens seeking to participate in a language training program to do so only in F (academic student), J (exchange visitor), or M (vocational student) nonimmigrant status and aliens seeking flight training to do so only in F or M status. It excepts from the flight training requirement short-duration occupational training, refresher courses, continuing education, or seminars necessary to maintain a previously obtained certification or rating or otherwise professionally required.
This section prohibits the Secretary of State from issuing visas and the Secretary of Homeland Security from admitting, granting status to, or paroling into the United States any alien who is a citizen of Afghanistan, Iran, Iraq, Libya, Syria, or a country designated as a state sponsor of terrorism and who seeks to participate in (1) coursework at an institution of higher education (as defined in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a))) to prepare for a career in the energy sector of Iran or in nuclear science, nuclear engineering, or a related field; or (2) coursework, training, or activities relating to flight training, aviation maintenance, or flight operations. The prohibition applies to visa applicants, those seeking admission, those applying to change or extend nonimmigrant status, and those already authorized to study who seek to change fields. This section further directs the Secretary of Homeland Security to terminate the nonimmigrant status of any such alien physically present in the United States; authorizes the Secretary, in consultation with the Secretary of State and Director of National Intelligence, to designate additional countries subject to the prohibition based on specified national security considerations, with annual review; and repeals section 501 of the Iran Threat Reduction and Syria Human Rights Act of 2012 (22 U.S.C. 8771), which previously restricted Iranian nationals from certain nuclear-related studies.
This section directs the Secretary of State to deny visas to, and the Secretary of Homeland Security to exclude from the United States, any alien who is a citizen of a designated foreign adversary country seeking to participate in coursework at an institution of higher education, as defined in section 101(a) of the Higher Education Act of 1965 (i.e., public or nonprofit institutions that award bachelor's degrees or acceptable 2-year programs, are legally authorized and accredited, and admit only high school graduates or equivalents). Foreign adversary countries include (1) the People's Republic of China (including Hong Kong and Macau), (2) Cuba, (3) Iran, (4) North Korea, (5) Russia, (6) Venezuela under the Maduro regime, and (7) any other country designated by the Secretary of State as posing a threat to the United States or inclined to steal research threatening U.S. national security. The provision applies to visa applications filed on or after the date of enactment.
This section requires the Secretary of Homeland Security to admit aliens under F, J, or M nonimmigrant status (i.e., for academic, exchange visitor, or vocational study) for a definite period of authorized stay not to exceed the shorter of the program length or 4 years, plus a 30-day post-study period to prepare for departure, and to issue documentation stating the end date of the period of stay. It specifies exceptions limiting admission periods for certain aliens, including (1) those in language training programs to an aggregate of 2 years; (2) border commuter students (F-3 status) to the dates of their current term; (3) public high school students to an aggregate of 1 year; and (4) dependents to the principal alien's authorized period. The section further limits admissions and extensions to not more than 2 years (or the program end date, whichever is shorter), with extensions available in additional 2-year increments until the program end, for aliens (1) born in or citizens of countries designated under specified authorities—including section 620A of the Foreign Assistance Act of 1961 (22 U.S.C. 2371), which prohibits U.S. assistance to governments repeatedly supporting international terrorism—or countries with student overstay rates exceeding 10%; or (2) seeking to attend schools not enrolled in or in good standing with E-Verify (i.e., the electronic employment eligibility verification system). Aliens previously admitted for 4 years who become subject to these 2-year limits due to a new country designation are also restricted accordingly. Extensions of stay remain subject to these limitations.
This section establishes limits on online and distance education coursework for nonimmigrant students in F-1 (academic), M-1 (vocational), and J-1 (exchange visitor) status to satisfy full course of study requirements. Specifically, it provides that (1) no more than 10% of class time or credits per session may count toward full course of study for F-1 or M-1 students if the class does not require physical attendance for classes, exams, or other purposes integral to completion; (2) J-1 admission for study or change to J-1 status for study is prohibited if more than 10% of class time or credits per session is online without physical attendance; (3) no more than 10% of total class time or credits for the program may be online without physical attendance for F-1, M-1, or J-1 students; and (4) any class that is more than 50% online counts entirely as an online class.
This section amends the Student and Exchange Visitor Information System (SEVIS) program—requiring approved institutions of higher education and other approved educational institutions to collect and report specified information on nonimmigrant students and exchange visitors (i.e., F, J, and M visa holders from designated countries)—as follows: (1) expands the required information to include any other data the Secretary of Homeland Security considers necessary; (2) requires such institutions to release covered student information to the Department of Homeland Security as part of the program or upon request; and (3) specifies that an institution's SEVIS certification is automatically revoked or denied for noncompliance.
This section revises the reporting deadline for approved institutions of higher education, other approved educational institutions, and designated exchange visitor programs regarding failures to enroll or commence participation by certain nonimmigrant aliens (i.e., F, J, or M visa holders from designated countries) to 30 days after the program start date for new students or the next session start date for continuing students (from 30 days after the deadline for registering for classes). It further directs such reports to the Department of Homeland Security (from the Immigration and Naturalization Service) for failures to enroll or commence participation by the applicable start date. (As background, these requirements support the Student and Exchange Visitor Information System (SEVIS), which tracks such aliens to ensure compliance with visa conditions.)
This section revises the fee authority for the Student and Exchange Visitor Information System (SEVIS)—which funds monitoring of F, J, and M nonimmigrant students and exchange visitors—by (1) replacing “Attorney General” with “Secretary of Homeland Security” in the first sentence, (2) replacing “Attorney General’s” with “Secretary of Homeland Security’s” in the third sentence, and (3) striking the second sentence.
This section directs the Secretary of Homeland Security and the Secretary of State, not later than two years after enactment, to complete deployment of the modernization of the Student and Exchange Visitor Information System (SEVIS II). (As background, SEVIS tracks F-1 (academic students), M-1 (vocational students), and J-1 (exchange visitors) nonimmigrants, with designated schools and programs required to report student data.) SEVIS II must address original SEVIS limitations by implementing (1) an entirely paperless process for admission and tracking of such nonimmigrant students and (2) a person-centric recordkeeping system unifying student information previously maintained in multiple records. The section further authorizes the Secretaries to collect fees from academic institutions approved or applying for approval under INA §101(a)(15)(F), (M), or (J) (8 U.S.C. §1101(a)(15)(F), (M), or (J)) to recover SEVIS II implementation and maintenance costs.
This section directs the Comptroller General of the United States to submit to the Senate and House Committees on the Judiciary, not later than December 31, 2025, a report assessing the effectiveness of the Secretary of Homeland Security's implementation of this Act and the amendments made by this Act.
This section prohibits issuance of F, J, or M nonimmigrant visas (i.e., for academic students, exchange visitors, and vocational students pursuing a course of study) until a consular officer provides to and reviews with the applicant, in the applicant's language, the information and resources pamphlet on protections for domestic workers and other nonimmigrants required under section 202 of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (8 U.S.C. 1375b). (Thus, the requirement applies at the visa application stage abroad prior to admission to the United States.)