H.R. 414: Student Visa Security Improvement Act

This bill, known as the Student Visa Security Improvement Act, aims to enhance the security and monitoring of foreign students and exchange visitors in the United States. Below are the key provisions outlined in the bill:

Enhanced Background Checks

The bill mandates the Secretary of Homeland Security to implement stricter background checks for student visa applicants, specifically for those applying under categories F, J, or M. Within 180 days of the bill’s enactment, the Secretary must:

• Ensure that employees review applications recommended by the Department of State and conduct in-person interviews when necessary, focusing particularly on applicants who may be inadmissible due to terrorist activities.
• Conduct on-site reviews of relevant applications and supporting documentation as deemed necessary before final decisions on visa applications.
• Update agreements between the Department of Homeland Security and the Department of State to clarify roles and responsibilities concerning these new requirements.

Monitoring Foreign Students

The act will require educational institutions and exchange visitor program sponsors to confirm that each foreign student or exchange visitor:

• Is an active participant in the program for which the visa was issued.
• Is not unobserved for longer than specified periods during their academic program, which is a maximum of 30 days during terms and 60 days during breaks.
• Reports any changes in enrollment, such as transferring institutions or changing majors, within 10 days.

Additionally, the bill requires that support systems be developed to facilitate communication between authorized users at institutions and the government, ensuring that all relevant data about foreign students is accessible and accurately reported.

Review and Reporting Requirements

The bill mandates regular review and reporting activities:

• The Comptroller General of the United States will analyze the fees and expenses associated with the Student and Exchange Visitor Program over recent fiscal years.
• The Secretary of Homeland Security must submit biannual reports to Congress on student compliance with the program and institutional reporting metrics.

Decertification of Institutions

The Secretary has the authority to decertify educational institutions or exchange visitor program sponsors if they are found to engage in egregious criminal activities or pose a national security threat.

Definitions and Clarifications

The legislation provides definitions for terms such as covered student, observed, and authorized user, aiming to establish clear guidelines for those participating in the Student and Exchange Visitor Program.

Relevant Companies

• EDU (New Oriental Education & Technology Group Inc.): As a major provider of educational services in China with a significant number of foreign students, the company may face regulatory challenges and increased scrutiny as a result of enhanced monitoring.
• APOL (Apollo Education Group): This education provider could see impacts in terms of compliance requirements and adjustments to their international student programs due to the new regulations.