Student Visa Integrity Act

Bill: 112-s-3527
Sponsor: Sen. Schumer, Charles E. [D-NY]
Introduced: 2012-09-11 in the Senate
Policy area: Crime and Law Enforcement
Subjects: Administrative law and regulatory procedures
Administrative remedies
Criminal procedure and sentencing
Elementary and secondary education
Fraud offenses and financial crimes
Government information and archives
Higher education
Immigration status and procedures
School administration
U.S. Sentencing Commission
Visas and passports

Summary:
action_date: 2012-09-11
text: 
Student Visa Integrity Act - Amends the federal criminal code to subject to a fine, between 2 and 15 years' imprisonment, or both, an individual who, while representing himself or herself as a principal, officer, or director of an educational institution, knowingly files a petition for certification or recertification with the Student and Exchange Visitor Program (SEVP) for attendance at such institution of nonimmigrant students (F-visa) or nonimmigrant vocational students (M-visa) under false pretenses.
 
Requires that a person coming to study at a college, university, language training program, seminary, high school, or elementary school in the United States under an F-visa must attend an institution that is accredited by an accrediting agency recognized by the Secretary of Education.
 
Authorizes the Secretary of Homeland Security (DHS) (Secretary) to require academic institutions (exempts seminaries or other religious institutions) to be similarly accredited for F-visa purposes if: (1) the institution is not already required to be accredited, and (2) an accrediting agency recognized by the Secretary of Education is able to provide such accreditation.
 
Authorizes the Secretary to waive the accreditation requirement for an established college, university, or language training program that is otherwise in compliance with F-visa provisions and has been a candidate for accreditation for at least one year and continues to progress toward such accreditation. 
 
 Authorizes the Secretary to issue regulations that set a start date for the program to collect information regarding nonimmigrant foreign students and other exchange program participants for an academic term at each approved institution of higher education. 
 
Authorizes the Secretary, upon reasonable suspicion that an owner of, or a designated school official at, an approved institution of higher education, an other educational institution, or a designated exchange visitor program, has committed SEVP-related fraud to: (1) withdraw such certification without prior notification, and (2) terminate such official's or such school's access to the Student and Exchange Visitor Information System (SEVIS). 
 
Directs the Secretary, if an owner or school official is indicted for SEVP-related fraud to: (1) withdraw such certification without prior notification during the pendency of the criminal prosecution, and (2) terminate such official's or such school's SEVIS access during such time. 
 
Disqualifies permanently an owner or school official who is convicted of SEVP-related fraud from filing future petitions and from having an ownership interest or a management role in any U.S. educational institution that enrolls nonimmigrant alien students or nonimmigrant alien vocational students.
 
Prohibits an individual from serving as a designated school official or from being granted access to SEVIS unless the individual is a U.S. national or a lawful permanent resident alien who, during the most recent three-year period, has undergone a specified background check.
 
Prohibits any flight school in the United States from accessing SEVIS or issuing a Form I-20 to an alien seeking a student or vocational student visa if the flight school has not been certified to the satisfaction of the Secretary and by the Federal Aviation Administration (FAA).
 
Prohibits any school or designated school official in the United States from accessing SEVIS or issuing a Form I-20 to an alien seeking a student or vocational student visa if the school has not been licensed or authorized to offer a post-secondary credential by a state. (Authorizes the Secretary to waive such provision for religious-affiliated, elementary, or secondary schools.)
 
Requires: (1) an accrediting agency or association, at the time it is required to notify the Secretary of Education and the appropriate state licensing agency of the final denial, withdrawal, suspension, or termination of accreditation of an institution, to notify the Secretary of such determination; and (2) the Secretary to withdraw the school from the SEVP and prohibit the school from accessing SEVIS. 
 
Directs the Secretary to implement both phases of the second generation Student and Exchange Visitor Information System (SEVIS II) within two years of enactment of this Act.


Legislative actions:
action_date: 2012-09-11
text: Read twice and referred to the Committee on the Judiciary.
action_date: 2012-09-11
text: Introduced in Senate