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[House Report 112-595]
[From the U.S. Government Publishing Office]

112th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     112-595

======================================================================

 
                        STUDENT VISA REFORM ACT
                                _______
                                

 July 12, 2012.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

Mr. Smith of Texas, from the Committee on the Judiciary, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 3120]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on the Judiciary, to whom was referred the 
bill (H.R. 3120) to amend the Immigration and Nationality Act 
to require accreditation of certain educational institutions 
for purposes of a nonimmigrant student visa, and for other 
purposes, having considered the same, reports favorably thereon 
with an amendment and recommends that the bill as amended do 
pass.

                                CONTENTS

                                                                   Page
The Amendment....................................................     1
Purpose and Summary..............................................     3
Background and Need for the Legislation..........................     3
Hearings.........................................................     5
Committee Consideration..........................................     5
Committee Votes..................................................     5
Committee Oversight Findings.....................................     5
New Budget Authority and Tax Expenditures........................     6
Congressional Budget Office Cost Estimate........................     6
Performance Goals and Objectives.................................     7
Advisory on Earmarks.............................................     7
Section-by-Section Analysis......................................     7
Changes in Existing Law Made by the Bill, as Reported............     8

                             The Amendment

    The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Student Visa Reform Act''.

SEC. 2. ACCREDITATION REQUIREMENT FOR COLLEGES AND UNIVERSITIES.

  Section 101(a) of the Immigration and Nationality Act (8 U.S.C. 
1101(a)) is amended--
          (1) in paragraph (15)(F)(i)--
                  (A) by striking ``section 214(l) at an established 
                college, university, seminary, conservatory, academic 
                high school, elementary school, or other academic 
                institution or in an accredited language training 
                program in the United States'' and inserting ``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''; and
                  (B) by striking ``Attorney General'' each place such 
                term appears and inserting ``Secretary of Homeland 
                Security''; and
          (2) by amending paragraph (52) 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.''.

SEC. 3. OTHER REQUIREMENTS FOR ACADEMIC INSTITUTIONS.

  Section 214(m) of the Immigration and Nationality Act (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.''.

SEC. 4. CONFORMING AMENDMENT.

  Section 212(a)(6)(G) of the Immigration and Nationality Act (8 U.S.C. 
1182(a)(6)(G)) is amended by striking ``section 214(l)'' and inserting 
``section 214(m)''.

SEC. 5. EFFECTIVE DATE.

  (a) In General.--Except as provided in subsection (b), the amendments 
made by sections 2 and 3--
          (1) shall take effect on the date that is 180 days after the 
        date of the enactment of this Act; and
          (2) 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 
        paragraph (1).
  (b) Temporary Exception.--
          (1) In general.--During the 3-year period beginning on the 
        date of 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 of Homeland 
        Security 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 
        section 2(2) of this Act.
          (2) Additional requirement.--An alien may not be granted a 
        nonimmigrant visa under paragraph (1) if the college or 
        university to which the alien seeks to enroll does not--
                  (A) 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 subsection (a)(1); and
                  (B) comply with the applicable accrediting 
                requirements of such agency.

                          Purpose and Summary

    H.R. 3120 requires U.S. colleges and universities that 
admit foreign nationals as students on F visas to be accredited 
by an accrediting agency that is recognized by the Secretary of 
Education. The bill also prohibits a person convicted of 
certain felony offenses, such as visa fraud relating to an 
academic institution's participation in the Student and 
Exchange Visitor Program (SEVP), from having subsequent 
ownership or substantial authority at an academic institution 
participating in SEVP.

                Background and Need for the Legislation

    Under 8 U.S.C 1101(a)(15)(F) a foreign national can come to 
the United States temporarily as a

        bona fide student qualified to pursue a full course of 
        study . . . solely for the purpose of pursuing such a 
        course of study consistent . . . at an established 
        college, university, seminary, conservatory, academic 
        high school, elementary school, or other academic 
        institution or in an accredited language training 
        program in the United States, particularly designated 
        by him and approved by the Attorney General after 
        consultation with the Secretary of Education, which 
        institution or place of study shall have agreed to 
        report to the Attorney General 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. 
        . . .''\1\
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    \1\8 U.S.C. Sec. 1101(a)(15)(F).

    Such F visaholders were admitted to the U.S. over 1.5 
million times during FY 2010.\2\
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    \2\2010 Yearbook of Immigration Statistics, United States 
Department of Homeland Security, Office of Immigration Statistics, Aug. 
2011, at 65.
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    The F visa program offers foreign nationals the chance to 
study at American colleges and universities and immerse 
themselves in American culture. Unfortunately, some colleges 
and universities are undermining the laudable mission of this 
visa program by operating in order to engage in visa fraud.
    To curb such fraud, H.R. 3120 amends the Immigration and 
Nationality Act to require that colleges and universities be 
accredited in order to admit foreign students seeking to study 
in the U.S. on F visas. The bill also provides the Secretary of 
Homeland Security the discretion to require that academic 
institutions (except for seminaries or other religious 
institutions) similarly be accredited before any such 
institution can host more than 25 foreign students on F visas.
    The process to obtain an F visa is as follows: The foreign 
national applies and is accepted to a U.S. college or 
university that is certified by the SEVP. SEVP tracks and 
monitors the schools and the F visaholders while they are in 
the U.S. educational system, through the Student and Exchange 
Visitor Information System (SEVIS).\3\ The school then provides 
the student with a Form I-20, the student pays the required 
SEVIS fee, and the student applies for the F visa at the U.S. 
embassy or consulate in their home country by submitting the 
Form I-20 and the other requisite paperwork and information.\4\
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    \3\United States Immigration and Customs Enforcement, /
www.ice.gov/sevis/>, Jul 3, 2012.
    \4\United States Immigration and Customs Enforcement, /
www.ice.gov/sevis/students/> Jul.3, 2012.
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    H.R. 3120 builds on Public Law 111-306, which required the 
accreditation of English-language training programs before such 
programs can admit foreign students on F visas. Enacted on 
December 14, 2010, the law was intended to prevent fraudulent 
or fly-by-night English-language training programs from 
exploiting foreign students in the United States.
    As with Public Law 111-306, H.R. 3120 prevents fraudulent 
or fly-by-night colleges and universities from being able to 
exploit U.S. immigration policy and/or foreign students who are 
seeking bona fide educations in the United States.
    The bill was introduced after revelations concerning two 
institutions--the International Technological University in San 
Jose, California and Tri-Valley University in Pleasanton, 
California--that were found to be ``visa mills.''
    The term ``visa mill'' refers to a distinctly illegitimate 
``school'' that 1) recruits foreign nationals to come on 
student visas and charge substantial fees for the F visas and/
or 2) is established for the purpose of providing questionable 
education and essentially worthless degrees. In many cases the 
foreign ``students'' are complicit in the fraud, but in some 
cases they truly believe they are in the U.S. to attend a 
legitimate school.
    Regarding Tri-Valley University, according to the San Jose 
Mercury News,\5\
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    \5\Lisa Krieger, Universities or Visa Mills, San Jose Mercury News, 
July 16, 2011.

        Tri-Valley demonstrates the riches that can be made 
        from turning a school into a visa mill. When Federal 
        agents finally caught on, they discovered that the 
        unaccredited school had been paid millions of dollars 
        by foreigners to obtain student visas that authorize 
        them to remain in the U.S.--a scheme whose growth was 
        fueled by a profit-sharing system that gave students 
        who referred newcomers from abroad a 20 percent cut of 
---------------------------------------------------------------------------
        the tuition, according to court records.

        Something else authorities found suspicious: More than 
        550 students enrolled in the Alameda County university 
        were registered as living at the same address: a two-
        bedroom apartment on El Camino Real in Sunnyvale.

    Visa mills compromise the integrity of the secondary 
education system in the United States as well as the integrity 
of U.S. immigration policy.
    By requiring that visas for foreign students seeking to 
attend colleges and universities in the U.S. only be granted 
when the student attends an accredited school, H.R. 3120 will 
prevent illegitimate institutions from cheating foreign 
nationals who seek a bona fide education in the United States. 
In addition, the bill's requirement will prevent colleges and 
universities from violating immigration law and potentially 
threatening our national security.
    H.R. 3120 also prohibits certain individuals who have been 
previously convicted of felony offenses, such as human 
smuggling and visa fraud, from owning or otherwise having a 
position of leadership in a new college or university that 
admits F visaholders. Some individuals who have previously been 
convicted of such crimes in connection with running a visa 
mill, simply open new ``schools.'' H.R. 3120 will prevent that 
from occurring in the future.
    H.R. 3120 also allows the Secretary of Homeland Security to 
waive the accreditation requirement for a school that is 
otherwise in compliance with the requirements for a school that 
admits F visaholders and that is making a good faith effort to 
satisfy the accreditation requirement. Such waiver is intended 
to be granted narrowly and on a case-by-case basis where there 
is no indication of fraudulent activity on the part of the 
school.

                                Hearings

    The Committee on the Judiciary held no hearings on H.R. 
3120.

                        Committee Consideration

    On June 28, 2012, the Committee met in open session and 
ordered the bill H.R. 3120 favorably reported with an 
amendment, by voice vote, a quorum being present.

                            Committee Votes

    In compliance with clause 3(b) of rule XIII of the Rules of 
the House of Representatives, the Committee advises that there 
were no recorded votes during the Committee's consideration of 
H.R. 3120.

                      Committee Oversight Findings

    In compliance with clause 3(c)(1) of rule XIII of the Rules 
of the House of Representatives, the Committee advises that the 
findings and recommendations of the Committee, based on 
oversight activities under clause 2(b)(1) of rule X of the 
Rules of the House of Representatives, are incorporated in the 
descriptive portions of this report.

               New Budget Authority and Tax Expenditures

    Clause 3(c)(2) of rule XIII of the Rules of the House of 
Representatives is inapplicable because this legislation does 
not provide new budgetary authority or increased tax 
expenditures.

               Congressional Budget Office Cost Estimate

    In compliance with clause 3(c)(3) of rule XIII of the Rules 
of the House of Representatives, the Committee sets forth, with 
respect to the bill, H.R. 3120, the following estimate and 
comparison prepared by the Director of the Congressional Budget 
Office under section 402 of the Congressional Budget Act of 
1974:

                                     U.S. Congress,
                               Congressional Budget Office,
                                     Washington, DC, July 11, 2012.
Hon. Lamar Smith, Chairman,
Committee on the Judiciary,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 3120, the 
``Student Visa Reform Act.''
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Mark 
Grabowicz, who can be reached at 226-2860.
            Sincerely,
                                      Douglas W. Elmendorf,
                                                  Director.

Enclosure

cc:
        Honorable John Conyers, Jr.
        Ranking Member

              H.R. 3120--Student Visa Reform Act.

      As ordered reported by the House Committee on the Judiciary 
                           on June 28, 2012.

    CBO estimates that implementing H.R. 3120 would have no 
significant cost to the Federal Government. Enacting the bill 
could affect direct spending and revenues; therefore, pay-as-
you-go procedures apply. However, CBO estimates that any 
effects would be insignificant for each year.
    Under current law, foreign students may enter the United 
States temporarily to study at universities and other 
educational institutions. Under H.R. 3120, such students could 
only attend accredited institutions.
    The Department of Homeland Security (DHS) collects fees 
from educational institutions and students and spends those 
fees (without further appropriation actions) to cover the costs 
of administering the international student program. The 
Department of State collects application fees for nonimmigrant 
visas issued to students and spends those fees on border 
security programs. Enacting H.R. 3120 could reduce the number 
of institutions available to international students and 
decrease the amount of fees collected by DHS. However, we 
expect that any reduction in collections would be offset by 
lower spending, so CBO estimates that the bill would not affect 
net direct spending. Students from certain countries are 
required to pay additional visa fees based on reciprocity 
agreements between the United States and their home country; 
those fees are deposited in the Treasury as revenues. CBO 
estimates that enacting the bill would affect few students and 
result in an insignificant reduction in revenues.
    H.R. 3120 contains no intergovernmental mandates as defined 
in the Unfunded Mandates Reform Act (UMRA). The bill contains 
private-sector mandates as defined in UMRA, but CBO estimates 
that the aggregate cost of the mandates would fall below the 
annual threshold established in that act ($146 million in 2012, 
adjusted annually for inflation).
    The CBO staff contact for this estimate is Mark Grabowicz. 
The estimate was approved by Peter H. Fontaine, Assistant 
Director for Budget Analysis.

                    Performance Goals and Objectives

    The Committee states that pursuant to clause 3(c)(4) of 
rule XIII of the Rules of the House of Representatives, H.R. 
3120, requires U.S. colleges and universities that admit 
foreign nationals as students on F visas to be accredited by an 
accrediting agency that is recognized by the Secretary of 
Education.

                          Advisory on Earmarks

    In accordance with clause 9 of rule XXI of the Rules of the 
House of Representatives, H.R. 3120 does not contain any 
congressional earmarks, limited tax benefits, or limited tariff 
benefits as defined in clause 9(e), 9(f), or 9(g) of Rule XXI.

                      Section-by-Section Analysis

    The following discussion describes the bill as reported by 
the Committee.
    Sec. 1. Short title. Section 1 sets forth the short title 
of the bill as the Student visa Reform Act.
    Sec. 2. Accreditation Requirement for Colleges and 
Universities. Section (2) amends the definition of the ``F'' 
visa for foreign students to require that colleges and 
universities be accredited in order to host foreign students 
seeking to study in the U.S. on such visas. It also expands the 
current definition of ``accredited language training program'' 
to include colleges and universities, thus requiring that all 
such institutions be accredited by an accrediting agency 
recognized by the Secretary of Education. And finally, it makes 
two technical and conforming changes to the Immigration and 
Nationality Act.
    Sec. 3 Other Requirements for Academic Institutions. First, 
section (3) gives the Secretary of Homeland Security the 
discretion to require accreditation of other academic 
institutions (except for seminaries or other religious 
institutions) if: 1) the institution is not already required to 
be accredited; 2) an appropriate accrediting agency recognized 
by the Secretary of Education is able to provide such 
accreditation; and 3) the institution admits or will admit 25 
or more F visaholders. Next, section (3) allows the Secretary 
of Homeland Security to waive the accreditation requirement is 
a college, university or language training program is otherwise 
in compliance with the requirements of the 8 U.S.C. 
Sec. 1101(15)(F)(i) and is making a good faith effort to 
satisfy the accreditation requirement. Finally, Section 3 
prohibits a person convicted of certain felony offenses, such 
as human trafficking or visa fraud relating to an academic 
institution's participation in the Student and Exchange Visitor 
Program (SEVP), from having subsequent ownership or substantial 
authority at an academic institution participating in SEVP.
    Sec. 4. Conforming Amendment. Section (4) makes a technical 
correction to the Immigration and Nationality Act.
    Sec. 5. Effective Date. Section 5(a) sets the effective 
date for the amendments made by the Act at 180 days after 
enactment and clarifies that such requirements will apply to 
applications filed after such date. Section 5(b) provides that 
during the 3-year period beginning on the date of enactment, 
foreign students can continue to receive F visas to attend an 
unaccredited college or university so long as such institution: 
(1) submits an application for accreditation within 1 year 
after the date of enactment; and (2) continues to comply with 
the applicable accrediting requirements of the accrediting 
agency.

         Changes in Existing Law Made by the Bill, as Reported

    In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italics, existing law in which no change 
is proposed is shown in roman):

                    IMMIGRATION AND NATIONALITY ACT

           *       *       *       *       *       *       *
                            TITLE I--GENERAL

                              DEFINITIONS

    Section 101. (a) As used in this Act--
    (1) * * *

           *       *       *       *       *       *       *

    (15) The term ``immigrant'' means every alien except an 
alien who is within one of the following classes of 
nonimmigrant aliens--
            (A) * * *

           *       *       *       *       *       *       *

            (F)(i) an alien having a residence in a foreign 
        country which he has no intention of abandoning, 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(l) at an 
        established college, university, seminary, 
        conservatory, academic high school, elementary school, 
        or other academic institution or in an accredited 
        language training program in the United States] 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 him and 
        approved by the [Attorney General] Secretary of 
        Homeland Security after consultation with the Secretary 
        of Education, which institution or place of study shall 
        have agreed to report to the [Attorney General] 
        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, 
        (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;

           *       *       *       *       *       *       *

    [(52) The term ``accredited language training program'' 
means a language training program that is accredited by an 
accrediting agency recognized by the Secretary of Education.]
    (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.

           *       *       *       *       *       *       *

TITLE II--IMMIGRATION

           *       *       *       *       *       *       *

 Chapter 2--Qualifications for Admission of Aliens; Travel Control of 
Citizens and Aliens

           *       *       *       *       *       *       *

 GENERAL CLASSES OF ALIENS INELIGIBLE TO RECEIVE VISAS AND INELIGIBLE 
               FOR ADMISSION; WAIVERS OF INADMISSIBILITY

    Sec. 212. (a) Classes of Aliens Ineligible for Visas or 
Admission.--Except as otherwise provided in this Act, aliens 
who are inadmissible under the following paragraphs are 
ineligible to receive visas and ineligible to be admitted to 
the United States:
            (1) * * *

           *       *       *       *       *       *       *

            (6) Illegal entrants and immigration violators.--
                    (A) * * *

           *       *       *       *       *       *       *

                    (G) Student visa abusers.--An alien who 
                obtains the status of a nonimmigrant under 
                section 101(a)(15)(F)(i) and who violates a 
                term or condition of such status under [section 
                214(l)] section 214(m) is inadmissible until 
                the alien has been outside the United States 
                for a continuous period of 5 years after the 
                date of the violation.

           *       *       *       *       *       *       *

                       ADMISSION OF NONIMMIGRANTS

    Sec. 214. (a) * * *

           *       *       *       *       *       *       *

    (m)(1) * * *

           *       *       *       *       *       *       *

    (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.

           *       *       *       *       *       *       *

                                 
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