Sec. 409. Accreditation requirements
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Section 101(a) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a) ) is amended— in paragraph (15)(F)(i)— 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 ; by striking Attorney General each place such term appears and inserting Secretary of Homeland Security ; and by striking and if any such institution of learning or place of study fails to make reports promptly the approval shall be withdrawn, and inserting and if any such institution of learning of place of study fails to make reports promptly or fails to comply with any accreditation requirement (including deadlines for submitting accreditation applications or obtaining accreditation) the approval shall be withdrawn, ; and by amending paragraph
(52)to read as follows: 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. . Section 214(m) of the Immigration and Nationality Act ( 8 U.S.C. 1184(m) ) is amended by adding at the end the following: The Secretary of Homeland Security shall require accreditation of an academic institution (except for seminaries or other religious institutions) for purposes of section 101(a)(15)(F) if— that institution is not already required to be accredited under section 101(a)(15)(F)(i); and an appropriate accrediting agency recognized by the Secretary of Education is able to provide such accreditation. The Secretary of Homeland Security, in the Secretary’s discretion, may waive the accreditation requirement in paragraph
(3)or section 101(a)(15)(F)(i) with respect to an institution if such institution— is otherwise in compliance with the requirements of section 101(a)(15)(F)(i); and has been a candidate for accreditation for at least 1 year and continues to progress toward accreditation by an accrediting agency recognized by the Secretary of Education. . Except as provided in paragraph (2), the amendments made by this section shall— take effect on the date that is 180 days after the date of enactment of this Act; and apply with respect to applications for nonimmigrant visas that are filed on or after the effective date described in subparagraph (A). During the 3-year period beginning on the effective date described in paragraph (1)(A), an institution that is newly required to be accredited under this section may continue to participate in the Student and Exchange Visitor Program notwithstanding the institution’s lack of accreditation if the institution— was certified under the Student and Exchange Visitor Program on such date; submitted an application for accreditation to an accrediting agency recognized by the Secretary of Education during the 6-month period ending on such date; and continues to progress toward accreditation by such accrediting agency.
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