Sec. 4401. Nonimmigrant visas for students
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Section 101(a)(15)(F) ( 8 U.S.C. 1101(a)(15)(F) ) is amended to read as follows: 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student, and if any such institution of learning or place of study fails to make reports promptly the approval shall be withdrawn, except that such an alien who is not seeking to pursue a degree that is a bachelor's degree or a graduate degree shall have a residence in a foreign country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; the alien spouse and minor children of any alien described in clause
(i)if accompanying or following to join such an alien; and 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. . Section 214(h) ( 8 U.S.C. 1184(h) ) is amended to read as follows: The fact that an alien is, or intends to be, the beneficiary of an application for a preference status filed under section 204, seeks a change or adjustment of status after completing a legitimate period of nonimmigrant stay, or has otherwise sought permanent residence in the United States shall not constitute evidence of intent to abandon a foreign residence that would preclude the alien from obtaining or maintaining— a visa or admission as a nonimmigrant described in subparagraph (E), (F)(i), (F)(ii), (H)(i)(b), (H)(i)(c), (L), (O), (P), (V), or
(W)of section 101(a)(15); or the status of a nonimmigrant described in any such subparagraph. . The Secretary shall implement real-time transmission of data from the Student and Exchange Visitor Information System to databases used by U.S. Customs and Border Protection. Not later than 120 days after the date of the enactment of this Act, the Secretary shall certify to Congress that the transmission of data referred to in paragraph
(1)has been implemented. If the Secretary has not made the certification referred to in subparagraph
(A)during the 120-day period, the Secretary shall suspend issuance of visas under subparagraphs
(F)and
(M)of section 101(a)(15) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15) ) until the certification is made.
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