S.744 Immigration bill - Sec. 4401: NONIMMIGRANT VISAS FOR STUDENTS

Posted Wed, Apr 17, 2013 at 4:58 pm

    (a) Authorization of Dual Intent for F Nonimmigrants Seeking Bachelor's or Graduate Degrees-

      (1) IN GENERAL- Section 101(a)(15)(F) (8 U.S.C. 1101(a)(15)(F)) is amended to read as follows:

        `(F)(i) an alien having a residence in a foreign country who is a bona fide student qualified to pursue a full course of study and who seeks to enter the United States temporarily and solely for the purpose of pursuing such a course of study consistent with section 214(m) at an accredited college, university, or language training program, or at an established seminary, conservatory, academic high school, elementary school, or other academic institution in the United States, particularly designated by the alien and approved by the Secretary of Homeland Security after consultation with the Secretary of Education, which institution or place of study shall have agreed to report to the Secretary of Homeland Security the termination of attendance of each nonimmigrant student, and if any such institution of learning or place of study fails to make reports promptly the approval shall be withdrawn, except that such an alien who is not seeking to pursue a degree that is a bachelor's degree or a graduate degree shall have a residence in a foreign country that the alien has no intention of abandoning;

        `(ii) the alien spouse and minor children of any alien described in clause (i) if accompanying or following to join such an alien; and

        `(iii) an alien who is a national of Canada or Mexico, who maintains actual residence and place of abode in the country of nationality, who is described in clause (i) except that the alien's qualifications for and actual course of study may be full or part-time, and who commutes to the United States institution or place of study from Canada or Mexico.'.

      (2) PRESUMPTION OF STATUS; INTENTION TO ABANDON FOREIGN RESIDENCE- Section 214 (8 U.S.C. 1184) is amended--

        (A) in subsection (b), by striking `(L) or (V)' and inserting `(F), (L), or (V)'; and

        (B) in subsection (h), by striking `(H)(i)(b) or (c),' and inserting `(F), (H)(i)(b), (H)(i)(c),'.

    (b) Accreditation Requirement for Colleges and Universities- Section 101(a)(52) (8 U.S.C. 1101(a)(52)) is amended to read as follows:

      `(52) Except as provided in section 214(m)(4), the term `accredited college, university, or language training program' means a college, university, or language training program that is accredited by an accrediting agency recognized by the Secretary of Education.'.

    (c) Other Requirements for Academic Institutions- Section 214(m) (8 U.S.C. 1184(m)) is amended by adding at the end the following:

    `(3) The Secretary of Homeland Security, in the Secretary's discretion, may require accreditation of an academic institution (except for seminaries or other religious institutions) for purposes of section 101(a)(15)(F) if--

      `(A) that institution is not already required to be accredited under section 101(a)(15)(F)(i);

      `(B) an appropriate accrediting agency recognized by the Secretary of Education is able to provide such accreditation; and

      `(C) the institution has or will have 25 or more alien students accorded status as nonimmigrants under clause (i) or (iii) of section 101(a)(15)(F) pursuing a course of study at that institution.

    `(4) The Secretary of Homeland Security, in the Secretary's discretion, may waive the accreditation requirement in section 101(a)(15)(F)(i) with respect to an established college, university, or language training program if the academic institution--

      `(A) is otherwise in compliance with the requirements of such section; and

      `(B) is making a good faith effort to satisfy the accreditation requirement.

    `(5)(A) No person convicted of an offense referred to in subparagraph (B) shall be permitted by any academic institution having authorization for attendance by nonimmigrant students under section 101(a)(15)(F)(i) to be involved with the institution as its principal, owner, officer, board member, general partner, or other similar position of substantive authority for the operations or management of the institution, including serving as an individual designated by the institution to maintain records required by the Student and Exchange Visitor Information System established under section 641 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1372).

    `(B) An offense referred to in this subparagraph includes a violation, punishable by a term of imprisonment of more than 1 year, of any of the following:

      `(i) Chapter 77 of title 18, United States Code (relating to peonage, slavery and trafficking in persons).

      `(ii) Chapter 117 of title 18, United States Code (relating to transportation for illegal sexual activity and related crimes).

      `(iii) Section 274 of the Immigration and Nationality Act (8 U.S.C. 1324) (relating to unlawful bringing of aliens into the United States).

      `(iv) Section 1546 of title 18, United States Code (relating to fraud and misuse of visas, permits, and other documents) relating to an academic institution's participation in the Student and Exchange Visitor Program.'.

    (d) Conforming Amendment- Section 212(a)(6)(G) (8 U.S.C. 1182(a)(6)(G)) is amended by striking `section 214(l)' and inserting `section 214(m)'.

    (e) Effective Date-

      (1) IN GENERAL- Except as provided in paragraph (2), the amendments made by subsections (a), (b), and (c)--

        (A) shall take effect on the date that is 180 days after the date of the enactment of this Act; and

        (B) shall apply with respect to applications for a nonimmigrant visa under section 101(a)(15)(F)(i) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(F)(i)) that are filed on or after the effective date described in subparagraph (A).

      (2) TEMPORARY EXCEPTION-

        (A) IN GENERAL- During the 3-year period beginning on the date of the enactment of this Act, an alien seeking to enter the United States to pursue a course of study at a college or university that has been certified by the Secretary may be granted a nonimmigrant visa under clause (i) or clause (iii) of section 101(a)(15)(F) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(F)) without regard to whether or not that college or university has been accredited or been denied accreditation by an entity described in section 101(a)(52) of such Act (8 U.S.C. 1101(a)(52)), as amended by subsection (b).

        (B) ADDITIONAL REQUIREMENT- An alien may not be granted a nonimmigrant visa under subparagraph (A) if the college or university to which the alien seeks to enroll does not--

          (i) submit an application for the accreditation of such institution to a regional or national accrediting agency recognized by the Secretary of Education on or before the date that is 1 year after the effective date described in paragraph (1)(A); and

          (ii) comply with the applicable accrediting requirements of such agency.

4401
NONIMMIGRANT VISAS FOR STUDENTS