No official summary available for this bill.
[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 2555 Introduced in Senate (IS)]
<DOC>
119th CONGRESS
1st Session
S. 2555
To improve student and exchange visitor visa programs.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 30, 2025
Mr. Tuberville introduced the following bill; which was read twice and
referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To improve student and exchange visitor visa programs.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Student Visa Integrity Act of
2025''.
SEC. 2. DEFINITIONS.
In this Act:
(1) SEVIS.--The term ``SEVIS'' means the Student and
Exchange Visitor Information System of the Department of
Homeland Security.
(2) SEVP.--The term ``SEVP'' means the Student and Exchange
Visitor Program of the Department of Homeland Security.
SEC. 3. INCREASED CRIMINAL PENALTIES.
Section 1546(a) of title 18, United States Code, is amended by
striking ``10 years'' and inserting ``15 years (if the offense was
committed by an owner, official, employee, or agent of an educational
institution with respect to such institution's participation in the
Student and Exchange Visitor Program), 10 years''.
SEC. 4. ACCREDITATION OF ACADEMIC INSTITUTIONS.
The Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is
amended--
(1) in section 101(a) (8 U.S.C. 1101(a))--
(A) in paragraph (15)(F)(i)--
(i) by striking ``section 214(l)'' and
inserting ``section 214(m)'';
(ii) by inserting ``language training
program,'' after ``elementary school,'';
(iii) by striking ``or in an accredited
language training program''; and
(iv) by striking ``Attorney General'' each
place such term appears and inserting
``Secretary of Homeland Security''; and
(B) by striking paragraph (52); and
(2) in section 214(m) (8 U.S.C. 1184(m)), by adding at the
end the following:
``(3)(A) The Secretary of Homeland Security or Secretary of State,
as appropriate, shall require accreditation of an academic institution
(except for a public elementary or secondary school), language training
program, or any program of study for which approval under subparagraph
(F) or (M) of section 101(a)(15), or designation under section
101(a)(15)(J), is sought or has been granted.
``(B) In this paragraph, the term `accreditation' means
accreditation by an accrediting agency recognized by the Secretary of
Education.
``(4)(A) The Secretary of Homeland Security, in the Secretary's
discretion, may waive the accreditation requirement under paragraph (3)
if--
``(i) the academic institution concerned is otherwise in
compliance with subparagraph (F), (J), or (M) of section
101(a)(15), as applicable, and section 641 of the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996 (8
U.S.C. 1372);
``(ii) an appropriate accrediting agency recognized by the
Secretary of Education is able to provide such accreditation;
and
``(iii) on the date of enactment of this paragraph, the
academic institution concerned has been a candidate for
accreditation for not less than 1 year and continues to make
appropriate progress toward accreditation by an accrediting
agency recognized by the Secretary of Education.
``(B) A waiver granted under this paragraph may not be valid for a
period longer than 1 year. Such waiver may be extended in 1-year
increments, provided the academic institution concerned continues to
satisfy the requirements of subparagraph (A), up to the maximum length
of time an academic institution may remain a candidate for
accreditation with the recognized accrediting agency.
``(C) The Secretary of Homeland Security shall maintain and publish
a current list of all academic institutions that have been granted a
waiver under this paragraph.''.
SEC. 5. REPORTING PAYMENT OF TUITION.
Section 641(c)(1) of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (8 U.S.C. 1372(c)(1)) is amended--
(1) in subparagraph (G), by striking ``and'' at the end;
(2) in subparagraph (H), by striking the period at the end
and inserting a semicolon; and
(3) by adding at the end the following:
``(I) the date on which full tuition has been paid
by the alien.''.
SEC. 6. DISCLOSURE OF SCHOOL AFFILIATION WITH THE GOVERNMENT OF THE
PEOPLE'S REPUBLIC OF CHINA.
Section 641(d) of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (8 U.S.C. 1372(d)) is amended--
(1) by redesignating paragraph (2) as paragraph (3); and
(2) by inserting after paragraph (1) the following:
``(2) Supporting documents required for certification.--
Institutions of higher education and other approved educational
institutions petitioning for certification or recertification
with the Student and Exchange Visitor Program to authorize the
attendance of nonimmigrant students described in subparagraph
(F)(i) or (M)(i) of section 101(a)(15) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(15)) shall include with such
petition--
``(A) 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 that is
directly or indirectly funded by the Government of the
People's Republic of China; and
``(B) a detailed description of any financial
contributions from the Government of the People's
Republic of China or its affiliates to any student or
faculty groups affiliated with such institution.''.
SEC. 7. PENALTIES FOR FAILURE TO COMPLY WITH SEVIS REPORTING
REQUIREMENTS.
Section 641 of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (8 U.S.C. 1372), as amended by this Act, is
further amended--
(1) in subsection (c)(1)--
(A) by striking ``institution,,'' each place such
term appears and inserting ``institution,''; and
(B) in subparagraph (D), by striking ``and'' at the
end; and
(2) in subsection (d)--
(A) in paragraph (1)(A), by striking
``institution,,'' and inserting ``institution,''; and
(B) in paragraph (3), as redesignated by section 6,
by striking ``fails to provide the specified
information'' and all that follows through the period
at the end and inserting ``does not comply with all
reporting requirements set forth in this section, the
Secretary of Homeland Security or Secretary of State,
as applicable, shall--
``(A) impose a monetary fine on such institution or
program in an amount to be determined by the applicable
Secretary that is not less than $1,000;
``(B)(i) suspend the authority of such institution
or program to issue the documents described in
paragraph (1)(B), such as the Form I-20 or DS-2019,
until the date on which all such reporting requirements
are met; or
``(ii)(I) in the case of an approved institution of
higher education, or other approved educational
institution, terminate the approval of such institution
under subparagraph (F) or (M) of section 101(a)(15) of
the Immigration and Nationality Act (8 U.S.C.
1101(a)(15)); and
``(II) in the case of a designated exchange visitor
program, terminate such designation;
``(C) if all such reporting requirements have not
been satisfied within the 180-day period after the date
on which the applicable reporting was required to have
been made and the penalty described in subparagraph
(B)(ii) has not already been imposed, impose such
penalty; and
``(D) if such noncompliance involves the
information or documentation described in paragraph
(2), conduct an out-of-cycle review of the institution
or program.''.
SEC. 8. VISA FRAUD.
(a) Immediate Withdrawal of SEVP Certification.--Section 641(d) of
the Illegal Immigration Reform and Immigrant Responsibility Act of 1996
(8 U.S.C. 1372(d)), as amended by this Act, is further amended by
adding at the end the following:
``(4) Effect of fraud indictment or reasonable suspicion of
fraud.--If the Secretary of Homeland Security or the Secretary
of State, as appropriate, knows or has reasonable grounds to
believe that a principal or a designated school official of an
approved institution of higher education or other approved
educational institution, or a principal, responsible officer,
alternate responsible officer of a designated exchange visitor
program, has committed fraud or attempted to commit fraud
relating to any aspect of the program described in subsection
(a)(1), or if such principal, designated school official, or
responsible officer or alternate responsible officer, is
indicted for such fraud, the relevant Secretary may
immediately, in the Secretary's discretion, impose any of the
following sanctions:
``(A)(i) In the case of an approved institution of
higher education, or other approved educational
institution, suspension, without prior notice, of the
approval of such institution under subparagraph (F) or
(M) of section 101(a)(15) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(15)).
``(ii) In the case of a designated exchange visitor
program, suspension, without prior notice, of such
designation.
``(B) Suspension of such official's, responsible
officer's, or alternate responsible officer's access to
databases or systems implementing the program described
in subsection (a)(1).
``(C) Suspension of the authority of such
institution or program to issue the documents described
in paragraph (1)(B).''.
(b) Effect of Conviction for Student Visa Fraud.--Section 641(d) of
the Illegal Immigration Reform and Immigrant Responsibility Act of 1996
(8 U.S.C. 1372(d)), as amended by this Act, is further amended by
adding at the end the following:
``(5) Permanent disqualification for convictions.--A
principal or a designated school official at an approved
institution of higher education or other approved educational
institution, or a principal or a responsible officer or
alternate responsible officer at a designated exchange visitor
program, shall be permanently disqualified from participation
in the program described in paragraph (1) and permanently
ineligible to submit a petition for approval of such
institution under subparagraph (F) or (M) of section 101(a)(15)
of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15))
if he or she is convicted of a violation, punishable by a term
of imprisonment of more than 1 year, of any of the following:
``(A) Section 274 of the Immigration and
Nationality Act (8 U.S.C. 1324) (relating to unlawful
bringing of aliens into the United States).
``(B) 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.
``(C) Chapter 37 of title 18, United States Code
(relating to espionage and censorship).
``(D) Chapter 77 of title 18, United States Code
(relating to peonage, slavery and trafficking in
persons).
``(E) Chapter 117 of title 18, United States Code
(relating to transportation for illegal sexual activity
and related crimes).''.
SEC. 9. ELIGIBILITY REVIEWS AND PROGRAM INTEGRITY.
(a) In General.--Section 641(d) of the Illegal Immigration Reform
and Immigrant Responsibility Act of 1996 (8 U.S.C. 1372(d)), as amended
by this Act, is further amended by adding at the end the following:
``(6) Eligibility review requirement.--
``(A) In general.--An individual may not serve as a
principal or designated school official at an approved
institution of higher education or other approved
educational institution, or as a principal, responsible
officer, or alternate responsible officer at a
designated exchange visitor program, or be granted
access to any database or system implementing the
program described in subsection (a)(1) unless the
individual is a citizen or national of the United
States or an alien lawfully admitted for permanent
residence and, except as provided in subparagraph (D),
during the immediately preceding 4-year period--
``(i) the Secretary of Homeland Security
has--
``(I) conducted a thorough
eligibility review of the individual,
including--
``(aa) a review of the
individual's criminal and sex
offender history; and
``(bb) a verification of
the individual's immigration
status; and
``(II) determined that--
``(aa) the individual has,
to the satisfaction of the
Secretary of Homeland Security,
been determined eligible after
the review required under
subclause (I);
``(bb) the individual has
not been found to have violated
the immigration laws; and
``(cc) in the discretion of
the Secretary of Homeland
Security, the individual is not
a risk to public safety or the
national security of the United
States; and
``(ii) the individual has successfully
completed an on-line training course on the
program described in subsection (a)(1) and any
database or system implementing such program,
which has been developed by the Secretary.
``(B) Designated school officials and responsible
officers.--
``(i) In general.--More than one individual
shall serve as a designated school official or
responsible officer, as applicable.
``(ii) Reviews by the secretary.--If an
individual serving as designated school
official or responsible officer under clause
(i) does not successfully complete the
background check required by subparagraph
(A)(i)(I), the Secretary of Homeland Security
shall review a representative, statistically
significant sample of the documents described
in paragraph (1)(B) issued by such designated
school official or responsible officer.
``(iii) Termination.--Notwithstanding the
satisfaction of an eligibility review under
subparagraph (A) by a principal, designated
school official, responsible officer, or
alternate responsible officer, the Secretary of
Homeland Security may, in the discretion of the
Secretary, terminate or suspend such
principal's, official's, or officer's access to
databases or systems implementing the program
described in subsection (a)(1), based on
information relating to such principal's,
official's, or officer's eligibility reviewed
by the Secretary at any time other than the
period for eligibility review described in
subparagraph (A).
``(C) Direct and third-party promoters and
recruiters.--
``(i) Rules and standards.--Direct and
third-party promoters of an approved
institution of higher education or other
approved educational institution shall comply
with the rules and standards prescribed by the
Secretary of Homeland Security to oversee such
promotion and recruitment, including--
``(I) registration with U.S.
Immigration and Customs Enforcement,
which the Secretary shall make publicly
available;
``(II) minimum qualifications;
``(III) guidelines for representing
study opportunities in the United
States, generally, and with such
approved institutions specifically, to
foreign nationals; and
``(IV) permissible fee
arrangements.
``(ii) Effect of violation.--If the
Secretary of Homeland Security determines, in
the Secretary's unreviewable discretion, that a
direct or third-party promoter or recruiter has
violated any rule or standard described in
clause (i), the Secretary shall suspend or
permanently bar such individual from
association with an approved institution.
``(iii) Compliance.--Each approved
institution shall maintain a written agreement
between the approved institution and each
direct or third-party promoter or recruiter
operating on behalf of such approved
institution that outlines the rules and
standards prescribed under clause (i).
``(D) Definitions.--In this paragraph:
``(i) Principal.--The term `principal'
means an individual who is considered to be an
owner or in a position of substantive authority
to make policy, operational, or managerial
decisions affecting academic programs or the
entire institution or program at an approved
institution of higher education, other approved
educational institution, or designated exchange
visitor program.
``(ii) Substantive authority.--With respect
to the position of an individual, the term
`substantive authority' mean the individual
serves as an administrator, officer, board
member, manager, executive, general partner,
fiduciary, or in a similar position.
``(E) Review period.--A person already serving in a
position described in subparagraph (A) on the date of
the enactment of this paragraph shall undergo an
eligibility review during the 5-year period immediately
following such date of enactment of this Act and
thereafter according to the timetable described in such
subparagraph.
``(7) Fee.--The Secretary of Homeland Security is
authorized to collect a fee from an approved institution of
higher education or other approved educational institution, or
designated exchange visitor program, for each eligibility
review conducted under paragraph (6)(A)(i). The amount of such
fee shall be equal to the average amount expended by the
Secretary to conduct such eligibility review.
``(8) Financial responsibility.--An approved institution of
higher education or other approved educational institution may
require tuition payment before issuing a document described in
paragraph (1)(B).
``(9) Transfer students.--An approved institution of higher
education or other approved educational institution may not
issue a document described in paragraph (1)(B) to an alien
student seeking to transfer from one approved institution to
another.
``(10) Commitment to major or program.--An alien student
shall not have the ability to change their program of study or
intended major as reported on their Form I-20.
``(11) Audits and site visits.--Each fiscal year the
Secretary of Homeland Security or the Secretary of State, as
appropriate, shall perform a site visit and audit of not less
than 1 percent of the approved institutions of higher education
or other approved educational institutions that maintain, in
the databases or systems implementing the program described in
subsection (a)(1), 1 or more students who have graduated from a
course of study at such institution.
``(12) Employer requirements.--
``(A) In general.--The lawful employer of an alien
student described in subsection (a)(1)(A) shall--
``(i) be registered and a participant in
good standing in the electronic employment
verification program initiated in section 403
of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (division C of
Public Law 104-208; 8 U.S.C. 1324a note);
``(ii) report to the alien's institution of
higher education or other approved educational
institution--
``(I) the position that the alien
is filling;
``(II) the location of the alien's
worksite;
``(III) the wage that the alien
will be paid; and
``(IV) within 48 hours--
``(aa) the termination of
the alien from the employment;
``(bb) the resignation of
the alien from employment; or
``(cc) the failure of the
alien to report for work for a
period of 5 consecutive work
days without the consent of the
employer; and
``(iii) as a condition precedent of such
employment, attest under penalty of perjury to
the Secretary of Labor that--
``(I) the student will not replace
a full-time or part-time United States
worker (as defined in section 212(t)(4)
of the Immigration and Nationality Act
(8 U.S.C. 1182(t)(4))); and
``(II) the terms and conditions of
the employment, including duties,
hours, and compensation, are
commensurate with terms and conditions
applicable to the employer's similarly
situated United States workers in the
area of employment.
``(B) Limitation on employment authorization.--The
Secretary of Homeland Security shall not grant
employment authorization to an alien student described
in subsection (a)(1)(A)--
``(i) during a period of at least 1 year to
work for, either directly or indirectly, an
employer that the Secretary of Labor has found
to have failed to meet the requirements under
clause (i) or (ii) of subparagraph (A);
``(ii) during a period of at least 3 years
to work for, either directly or indirectly, an
employer that the Secretary of Labor has found
to have failed to meet the requirements under
clause (iii) of subparagraph (A); and
``(iii) during a period of at least 10
years to work for, either directly or
indirectly, an employer that the Secretary of
Labor has found, after notice and opportunity
for a hearing, to have willfully failed to meet
the requirements under clause (iii) of
subparagraph (A).''.
(b) Effective Date.--The amendments made by this section shall take
effect on the date that is 1 year after the date of the enactment of
this Act.
SEC. 10. REVOCATION OF AUTHORITY TO ISSUE A VISA ELIGIBILITY DOCUMENT
TO NONIMMIGRANT STUDENTS OF UNCERTIFIED FLIGHT TRAINING
PROVIDERS.
Immediately upon the enactment of this Act, the Secretary of
Homeland Security shall prohibit any flight training provider from
receiving SEVP certification and rescind the SEVP certification of any
flight training provider if the flight training provider has not been
certificated to the satisfaction of the Secretary and by the Federal
Aviation Administration pursuant to part 141 or part 142 of title 14,
Code of Federal Regulations (or successor regulations).
SEC. 11. REVOCATION OF ACCREDITATION.
(a) Notification.--An accrediting agency or association that is
required to notify the Secretary of Education and the appropriate State
licensing or authorizing agency of the final denial, withdrawal,
suspension, or termination of accreditation of an institution pursuant
to section 496 of the Higher Education Act of 1965 (20 U.S.C. 1099b)
shall also notify the Secretary of Homeland Security and Secretary of
State of such determination within 30 days of such withdrawal,
suspension, or termination.
(b) Termination of Approval.--Upon receipt of the notification
described in paragraph (1), the Secretary of Homeland Security shall
terminate the approval of such institution under subparagraph (F) or
(M) of section 101(a)(15) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(15)).
SEC. 12. TRACKING NONIMMIGRANT ALIENS ENGAGED IN STUDY IN THE UNITED
STATES.
Subparagraph (A) of section 641(a)(1) of the Illegal Immigration
Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1372(a)(1))
is amended to read as follows:
``(A)(i) have the status, or are applying for the
status--
``(I) of a nonimmigrant under subparagraph
(F), (J), or (M) of section 1101(a)(15) of the
Immigration and Nationality Act (8 U.S.C.
1101(a)(15)); or
``(II) of a nonimmigrant under the
immigration laws (as defined in section 101(a)
of the Immigration and Nationality Act (8
U.S.C. 1101(a))) and are pursuing or intend to
pursue a full course of study at an institution
or language training program described in
subparagraph (F) or (M) of section 101(a)(15)
of the Immigration and Nationality Act (8
U.S.C. 1101(a)(15)); and''.
SEC. 13. LANGUAGE STUDY AND FLIGHT TRAINING IN STUDENT STATUS.
Section 214(m) of the Immigration and Nationality Act (8 U.S.C.
1184(m)), as amended by this Act, is further amended by adding at the
end the following:
``(5) Language study and flight training.--
``(A) In general.--
``(i) An alien seeking to participate in a
language training program may do so only in the
status of a nonimmigrant under subparagraph
(F), (J), or (M) of section 101(a)(15).
``(ii) An alien seeking to participate in a
flight training program may do so only in the
status of a nonimmigrant under subparagraph (F)
or (M) of section 101(a)(15).
``(B) Exception.--The requirement in subparagraph
(A)(ii) shall not apply to occupational training or a
refresher or continuing education course or seminar,
where such training, course, or seminar is short-
duration and necessary to maintain a previously
obtained certification or rating, or otherwise
professionally required.''.
SEC. 14. PROHIBITION ON FLIGHT TRAINING AND NUCLEAR STUDIES FOR
NATIONALS OF COUNTRIES OF CONCERN.
(a) In General.--The Secretary of State shall deny a visa to, and
the Secretary of Homeland Security shall not admit, grant status to, or
parole into the United States, any alien--
(1) who is a citizen of--
(A) Afghanistan, Iran, Iraq, Libya, or Syria; or
(B) any country designated by the Secretary of
State under section 6(j) of the Export Administration
Act of 1979 (50 U.S.C. 2405) (as continued in effect
under the International Emergency Economic Powers Act
(50 U.S.C. 1701 et seq.)), section 40 of the Arms
Export Control Act (22 U.S.C. 2780), section 620A of
the Foreign Assistance Act of 1961 (22 U.S.C. 2371), or
any other provision of law, as a country the government
of which has repeatedly provided support of acts of
international terrorism; and
(2)(A) who is an applicant for a visa and who the Secretary
of State determines seeks to enter the United States--
(i) to participate in 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 the alien for a career in--
(I) the energy sector of Iran; or
(II) nuclear science, nuclear engineering,
or a related field; or
(ii) to participate in coursework or training
relating to or otherwise engage in flight training,
aviation maintenance, or flight operations;
(B) who is applying for admission to the United States and
who the Secretary of Homeland Security determines seeks to
participate in coursework, training, or activities described in
subparagraph (A);
(C) who is in the United States and who the Secretary of
Homeland Security determines is applying to change or extend
status to participate in such coursework, training, or
activities; or
(D) who is in the United States and authorized to study,
and who the Secretary of Homeland Security determines is
participating in such coursework, training, or activities or
seeks to change his or her field of study to participate in
such coursework, training, or activities.
(b) Termination of Status.--The Secretary of Homeland Security
shall terminate the nonimmigrant status, or otherwise revoke the
authorization to remain in the United States, of any alien described in
subsection (a) who is physically present in the United States.
(c) Countries of Concern.--
(1) In general.--The Secretary of Homeland Security may, in
the discretion of the Secretary of Homeland Security, and in
consultation with the Secretary of State and the Director of
National Intelligence, designate additional countries the
nationals of which are subject to the restrictions described in
subsection (a).
(2) Considerations.--In making a designation under
paragraph (1), the Secretary of Homeland Security shall
consider whether--
(A) the presence of an alien in the country or area
concerned increases the likelihood that the alien is a
credible threat to the national security of the United
States;
(B) a foreign terrorist organization has a
significant presence in the country or area; and
(C) the country or area is a safe haven for
terrorists.
(3) Review.--Not less frequently than annually, the
Secretary of Homeland Security shall conduct a review of each
designation made under paragraph (1).
(d) Repeal.--Section 501 of the Iran Threat Reduction and Syria
Human Rights Act of 2012 (22 U.S.C. 8771) is repealed.
SEC. 15. EXCLUSION OF CITIZENS OF ADVERSARIAL COUNTRIES FROM SEEKING
EDUCATION IN THE UNITED STATES.
(a) In General.--The Secretary of State shall deny a visa to, and
the Secretary of Homeland Security shall exclude from the United
States, any alien who is a citizen of a country that has been
determined to be a foreign adversary that the Secretary of State
determines seeks to enter the United States to participate in
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))).
(b) Foreign Adversary Country List.--The following countries are
considered to be foreign adversaries, as determined by the Secretary of
State:
(1) The People's Republic of China, including the Hong Kong
Special Administrative Region and the Macau Special
Administrative Region (commonly known as ``China'').
(2) The Republic of Cuba (commonly known as ``Cuba'').
(3) The Islamic Republic of Iran (commonly known as
``Iran'').
(4) The Democratic People's Republic of Korea (commonly
known as ``North Korea'').
(5) The Russian Federation (commonly known as ``Russia'').
(6) Venezuela under Venezuelan politician Nicolas Maduro
(commonly known as the ``Maduro Regime'').
(7) Any other country identified by the Secretary of State
that--
(A) may pose a threat to the United States; or
(B) may be inclined to steal research in a manner
that could threaten United States national security.
(c) Applicability.--Subsection (a) applies with respect to visa
applications filed on or after the date of the enactment of this Act.
SEC. 16. REQUIREMENT THAT STUDENTS HAVE A DEFINITE END-DATE FOR
AUTHORIZED PERIOD OF STAY.
Section 235(a) of the Immigration and Nationality Act (8 U.S.C.
1225(a)) is amended by adding at the end the following:
``(6) Period of authorized stay.--
``(A) In general.--Aliens admitted to the United
States under subparagraph (F), (J), or (M) of section
101(a)(15) to pursue a course of study shall be
admitted by the Secretary of Homeland Security for a
definite period of authorized stay not to exceed the
shorter of the length of their program or 4 years, plus
the post-study period under subparagraph (B), and shall
be issued documentation stating the end date of the
alien's period of stay in the United States, subject to
the following exceptions:
``(i) Aliens subject to the limitations
described in subparagraph (D) may be admitted
only for the applicable period under that
subparagraph.
``(ii) Aliens whose course of study is in a
language training program are restricted to an
aggregate total of 2 years of language study,
including any school breaks and annual
vacations.
``(iii) Aliens who are granted status under
section 101(a)(15)(F)(iii) as border commuter
students may be admitted only for the semester
or term dates for the student's current term of
study.
``(iv) Aliens who are granted status under
subparagraph (F) or (J) of section 101(a)(15)
to attend a public high school are restricted
to an aggregate of not more than 1 year to
complete their course of study, including any
school breaks and annual vacations.
``(v) The authorized period of stay for
dependents admitted under subparagraph (F),
(J), or (M) of section 101(a)(15) may not
exceed the authorized period of stay of the
principal alien.
``(B) Post-study period.--The period of stay
granted an alien admitted under subparagraph (F), (J),
or (M) of section 101(a)(15) shall include a 30-day
period immediately after the conclusion of the alien's
course of study to prepare for departure from the
United States, or to otherwise maintain status, except
that border commuter students and, notwithstanding the
end date provided on the documentation described in
subparagraph (A), students who fail to maintain a full
course of study or otherwise fail to maintain status
are not eligible for the additional 30-day period of
stay. Such 30-day period shall also be authorized for
alien students enrolled at academic institutions whose
approval under subparagraph (F) or (M) of section
101(a)(15) has been terminated pursuant to section
641(d) of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (8 U.S.C. 1372(d)), except
if the Secretary of Homeland Security knows or has
reasonable ground to believe the alien was a knowing
participant in the conduct that led to the termination
of such institution's approval.
``(C) Extension of stay.--An alien admitted to the
United States under subparagraph (F), (J), or (M) of
section 101(a)(15) may apply to extend his or her stay,
subject to the limitations described in subparagraphs
(A) and (D).
``(D) Limitations on period of admission.--
``(i) In general.--Subject to the
discretion of the Secretary of Homeland
Security, aliens seeking admission under
subparagraph (F), (J), or (M) of section
101(a)(15) in the categories described in
clause (ii) may be admitted only for not more
than 2 years, or the program end date,
whichever is shorter, and may be eligible for
extensions of stay only for additional periods
of up to 2 years each, or until the program end
date, whichever is shorter.
``(ii) Categories described.--The
categories described in this clause are the
following:
``(I) Aliens from certain countries
of concern.--Aliens who were born in or
are citizens of countries designated by
the Secretary of State under section
6(j) of the Export Administration Act
of 1979 (50 U.S.C. 2405) (as continued
in effect under the International
Emergency Economic Powers Act (50
U.S.C. 1701 et seq.)), section 40 of
the Arms Export Control Act (22 U.S.C.
2780), section 620A of the Foreign
Assistance Act of 1961 (22 U.S.C.
2371), or any other provision of law,
as a country the government of which
has repeatedly provided support of acts
of international terrorism, or who are
citizens of countries with a student
and exchange visitor total overstay
rate greater than 10 percent.
``(II) Schools not participating in
e-verify.--
``(aa) In general.--Aliens
who have been accepted to and
seek admission to attend, or
continue attendance, at an
educational institution that is
not enrolled in the electronic
employment verification program
initiated in section 403 of the
Illegal Immigration Reform and
Immigrant Responsibility Act of
1996 (division C of Public Law
104-208; 8 U.S.C. 1324a note),
or if enrolled, is not a
participant in good standing in
such verification program, as
determined by the Secretary of
Homeland Security.
``(bb) Participants in good
standing.--Educational
institutions that are
participants in good standing
in a verification program
described in item (aa) are
education institutions that
are--
``(AA) enrolled in
such verification
program with respect to
all of the
institution's hiring
sites in the United
States at the time of
the alien's admission
under subparagraph (F),
(J), or (M) of section
101(a)(15) or, if the
alien has already been
admitted at the time
this paragraph has gone
into effect, at the
time the alien files
with the Secretary an
application for an
extension of or change
to status under such
subparagraph; and
``(BB) in
compliance with all
requirements of such
verification program,
including by verifying
the employment
eligibility of newly
hired employees in the
United States, and
continuing to be
participants in good
standing in the program
at any time during
which an alien is
pursuing a full-course
of study at the
educational
institution.
``(III) Aliens with a 4-year period
of admission who become subject to a 2-
year maximum period of admission.--If
an alien was admitted in F status for a
4-year period of admission, but the
Secretary of State makes a designation
under an authority referenced in
subclause (I) that would subject the
alien to the 2-year maximum period of
admission, then the alien may remain in
the United States for the remainder of
the 4-year period; however, if the
alien departs the United States or
otherwise be required apply for
admission or an extension of stay, the
alien shall become subject to the 2-
year limitation.
``(E) Interviews.--
``(i) In general.--The Secretary of
Homeland Security shall, in coordination with
the Attorney General and the Director of
National Intelligence, conduct an interview,
in-person and not by means of remote or virtual
technology, of any alien--
``(I)(aa) admitted to the United
States under subparagraph (F), (J), or
(M) of section 101(a)(15) and seeking
extension of such status;
``(bb) applying for a change of
status to status under subparagraph
(F), (J), or (M) of section 101(a)(15);
or
``(cc) in nonimmigrant status and
pursuing a course of study, and who is
applying for an extension of such
status; and
``(II)(aa) who is a national of a
country, described in subparagraph
(D)(ii)(I), that has been designated by
the Secretary of State as a country the
government of which has repeatedly
provided support of acts of
international terrorism;
``(bb) who has been the subject of
a security advisory opinion, including
a visas mantis, or other security
screening process relating to the
transfer of sensitive technology or
information;
``(cc) who, since the date of the
admission of the alien, has changed his
or her field of study to a field that
would require the initiation of a
security screening process relating to
the transfer of sensitive technology or
information were the alien applying for
admission;
``(dd) who is described in section
212(a)(3); or
``(ee) who is in a class of aliens
described in subclause (I)(aa)
designated by the Secretary of Homeland
Security, in coordination with the
Attorney General and the Director of
National Intelligence, and who are
nationals of a country about which the
Secretary, the Attorney General, or the
Director of National Intelligence has
concern poses a significant economic or
technological espionage threat to the
United States.
``(ii) Interagency cooperation on
interviews.--The Secretary of Homeland Security
shall--
``(I) inform the Attorney General
and the Director of National
Intelligence of interviews the
Secretary of Homeland Security plans to
conduct under this subparagraph; and
``(II) shall authorize officials of
the Department of Justice or the
Directorate of National Intelligence,
or both, to participate in such
interviews.''.
SEC. 17. ONLINE STUDY.
Section 214(m) of the Immigration and Nationality Act (8 U.S.C.
1184(m)), as amended by this Act, is further amended by adding at the
end the following new paragraph:
``(6) Online education.--
``(A) Online education allowance per session.--
``(i) In general.--Not more than 10 percent
of the time spent by the alien student in class
or of the credits earned by the student per
session may be counted toward the full course
of study requirement under subparagraph (F) or
(M) of section 101(a)(15) if the class is taken
online or through distance education and does
not require the student's physical attendance
for classes, examination, or other purposes
integral to completion of the course of study.
``(ii) Prohibition.--An alien may not be
admitted under section 101(a)(15)(J) for the
purpose of study, or granted a change of status
to status under such section for such purpose,
if more than 10 percent of the time to be spent
by the alien in class or of the credits earned
by the student per session is to be taken
online or through distance education and does
not require the student's physical attendance
for classes, examination, or other purposes
integral to completion of the course of study.
``(B) Total online education allowance.--For any
program of study, not more than 10 percent of the total
time spent in class by an alien student, or of the
credits earned by the student, in status under
subparagraph (F) or (M) of section 101(a)(15), or in
status under section 101(a)(15)(J) for the purpose of
study, may be for classes taken online or through
distance education that do not require the student's
physical attendance for classes, examination, or other
purposes integral to completion of the course of study.
``(C) Online classes.--For purposes of this
paragraph, if more than 50 percent of a class is
conducted online, the entire class shall be considered
an online class.''.
SEC. 18. CLARIFICATION OF DATA RELEASE EXEMPTION.
Section 641 of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (8 U.S.C. 1372) is amended--
(1) in subsection (c)--
(A) in paragraph (1)--
(i) in subparagraph (G), by striking
``and'' at the end;
(ii) in subparagraph (H), by striking the
period and inserting ``; and''; and
(iii) by adding at the end the following
new subparagraph:
``(I) any other information the Secretary of
Homeland Security considers necessary.''; and
(B) in paragraph (2), by adding at the end the
following: ``Approved institutions of higher education
or other approved educational institutions shall
release information about students covered by such Act
to the Department of Homeland Security as part of such
program or upon request.''; and
(2) in subsection (d)(2), by inserting ``automatically''
before ``revoked or denied.''.
SEC. 19. CLARIFICATION OF REPORTING REQUIREMENT DEADLINE.
Section 641(a)(4) of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (8 U.S.C. 1372(a)(4)) is amended--
(1) by striking ``Not later than 30 days after the deadline
for registering for classes for an academic term'' and
inserting ``Not later than 30 days after the program start date
(in the case of new students) or the next session start date
(in the case of continuing students) of an academic term''; and
(2) by striking ``shall report to the Immigration and
Naturalization Service any failure of the alien to enroll or to
commence participation.'' and inserting ``shall report to the
Department of Homeland Security any failure to enroll or to
commence participation by the program start date or next
session start date, as applicable.''.
SEC. 20. FEE FLEXIBILITY.
Section 641(e)(4)(A) of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (8 U.S.C. 1372(e)(4)(A)) is
amended--
(1) in the first sentence, by striking ``Attorney General''
and inserting ``Secretary of Homeland Security'';
(2) in the third sentence, by striking ``Attorney
General's'' and inserting ``Secretary of Homeland Security's'';
and
(3) by striking the second sentence.
SEC. 21. IMPLEMENTATION OF SEVIS II.
(a) In General.--Not later than 2 years after the date of the
enactment of this Act, the Secretary of Homeland Security and the
Secretary of State shall complete the deployment of the modernization
of the Student and Exchange Visitor Information System (commonly known
as ``SEVIS II''), which shall address limitations in the original SEVIS
application by implementing improvements including the following:
(1) Development of an entirely paperless process for all
activities related to the admission and tracking of
nonimmigrant students.
(2) Development of a new, person-centric recordkeeping
system that will unify information about nonimmigrant students
that the original SEVIS maintained in multiple records.
(b) Recovery of Costs.--To recover the cost of the implementation
and maintenance of SEVIS II, the Secretary of Homeland Security and the
Secretary of State may collect fees from any academic institution
that--
(1) has been approved under subparagraph (F) or (M) of
section 101(a)(15) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(15));
(2) is designated under subparagraph (J) of such section;
or
(3) is applying for such approval or designation.
SEC. 22. GAO REPORT ON IMPLEMENTATION.
Not later than December 31, 2025, the Comptroller General of the
United States shall submit to the Committee on the Judiciary of the
Senate and the Committee on the Judiciary of the House of
Representatives a report that assesses the effectiveness of
implementation by the Secretary of Homeland Security of this Act and
the amendments made by this Act.
SEC. 23. PROHIBITION ON ISSUANCE OF VISA BEFORE REVIEW OF PAMPHLET ON
PROTECTIONS FOR DOMESTIC WORKERS AND OTHER NONIMMIGRANTS.
A visa shall not be issued under subparagraph (F), (J), or (M) of
section 101(a)(15) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(15)), to pursue a course of study, until the date on which a
consular officer has provided to and reviewed with the applicant, in
the applicant's language or in a language the applicant understands, a
copy of the information and resources pamphlet required by section 202
of the William Wilberforce Trafficking Victims Protection
Reauthorization Act of 2008 (8 U.S.C. 1375b).
<all>
Introduced in Senate
Read twice and referred to the Committee on the Judiciary.
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