Sec. 16. Requirement that students have a definite end-date for authorized period of stay

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Section 235(a) of the Immigration and Nationality Act ( 8 U.S.C. 1225(a) ) is amended by adding at the end the following: Aliens admitted to the United States under subparagraph (F), (J), or

(M)of section 101(a)(15) to pursue a course of study shall be admitted by the Secretary of Homeland Security for a definite period of authorized stay not to exceed the shorter of the length of their program or 4 years, plus the post-study period under subparagraph (B), and shall be issued documentation stating the end date of the alien’s period of stay in the United States, subject to the following exceptions: Aliens subject to the limitations described in subparagraph

(D)may be admitted only for the applicable period under that subparagraph. Aliens whose course of study is in a language training program are restricted to an aggregate total of 2 years of language study, including any school breaks and annual vacations. Aliens who are granted status under section 101(a)(15)(F)(iii) as border commuter students may be admitted only for the semester or term dates for the student’s current term of study. Aliens who are granted status under subparagraph

(F)or

(J)of section 101(a)(15) to attend a public high school are restricted to an aggregate of not more than 1 year to complete their course of study, including any school breaks and annual vacations. The authorized period of stay for dependents admitted under subparagraph (F), (J), or

(M)of section 101(a)(15) may not exceed the authorized period of stay of the principal alien. The period of stay granted an alien admitted under subparagraph (F), (J), or

(M)of section 101(a)(15) shall include a 30-day period immediately after the conclusion of the alien’s course of study to prepare for departure from the United States, or to otherwise maintain status, except that border commuter students and, notwithstanding the end date provided on the documentation described in subparagraph (A), students who fail to maintain a full course of study or otherwise fail to maintain status are not eligible for the additional 30-day period of stay. Such 30-day period shall also be authorized for alien students enrolled at academic institutions whose approval under subparagraph

(F)or

(M)of section 101(a)(15) has been terminated pursuant to section 641(d) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ( 8 U.S.C. 1372(d) ), except if the Secretary of Homeland Security knows or has reasonable ground to believe the alien was a knowing participant in the conduct that led to the termination of such institution’s approval. An alien admitted to the United States under subparagraph (F), (J), or

(M)of section 101(a)(15) may apply to extend his or her stay, subject to the limitations described in subparagraphs

(A)and (D). Subject to the discretion of the Secretary of Homeland Security, aliens seeking admission under subparagraph (F), (J), or

(M)of section 101(a)(15) in the categories described in clause

(ii)may be admitted only for not more than 2 years, or the program end date, whichever is shorter, and may be eligible for extensions of stay only for additional periods of up to 2 years each, or until the program end date, whichever is shorter. The categories described in this clause are the following: Aliens who were born in or are citizens of countries designated by the Secretary of State under section 6(j) of the Export Administration Act of 1979 ( 50 U.S.C. 2405 ) (as continued in effect under the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq. )), section 40 of the Arms Export Control Act ( 22 U.S.C. 2780 ), section 620A of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2371 ), or any other provision of law, as a country the government of which has repeatedly provided support of acts of international terrorism, or who are citizens of countries with a student and exchange visitor total overstay rate greater than 10 percent. Aliens who have been accepted to and seek admission to attend, or continue attendance, at an educational institution that is not enrolled in the electronic employment verification program initiated in section 403 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (division C of Public Law 104–208 ; 8 U.S.C. 1324a note), or if enrolled, is not a participant in good standing in such verification program, as determined by the Secretary of Homeland Security. Educational institutions that are participants in good standing in a verification program described in item

(aa)are education institutions that are— enrolled in such verification program with respect to all of the institution’s hiring sites in the United States at the time of the alien’s admission under subparagraph (F), (J), or

(M)of section 101(a)(15) or, if the alien has already been admitted at the time this paragraph has gone into effect, at the time the alien files with the Secretary an application for an extension of or change to status under such subparagraph; and in compliance with all requirements of such verification program, including by verifying the employment eligibility of newly hired employees in the United States, and continuing to be participants in good standing in the program at any time during which an alien is pursuing a full-course of study at the educational institution. If an alien was admitted in F status for a 4-year period of admission, but the Secretary of State makes a designation under an authority referenced in subclause

(I)that would subject the alien to the 2-year maximum period of admission, then the alien may remain in the United States for the remainder of the 4-year period; however, if the alien departs the United States or otherwise be required apply for admission or an extension of stay, the alien shall become subject to the 2-year limitation. The Secretary of Homeland Security shall, in coordination with the Attorney General and the Director of National Intelligence, conduct an interview, in-person and not by means of remote or virtual technology, of any alien— admitted to the United States under subparagraph (F), (J), or

(M)of section 101(a)(15) and seeking extension of such status; applying for a change of status to status under subparagraph (F), (J), or

(M)of section 101(a)(15); or in nonimmigrant status and pursuing a course of study, and who is applying for an extension of such status; and who is a national of a country, described in subparagraph (D)(ii)(I), that has been designated by the Secretary of State as a country the government of which has repeatedly provided support of acts of international terrorism; who has been the subject of a security advisory opinion, including a visas mantis, or other security screening process relating to the transfer of sensitive technology or information; who, since the date of the admission of the alien, has changed his or her field of study to a field that would require the initiation of a security screening process relating to the transfer of sensitive technology or information were the alien applying for admission; who is described in section 212(a)(3); or who is in a class of aliens described in subclause (I)(aa) designated by the Secretary of Homeland Security, in coordination with the Attorney General and the Director of National Intelligence, and who are nationals of a country about which the Secretary, the Attorney General, or the Director of National Intelligence has concern poses a significant economic or technological espionage threat to the United States. The Secretary of Homeland Security shall— inform the Attorney General and the Director of National Intelligence of interviews the Secretary of Homeland Security plans to conduct under this subparagraph; and shall authorize officials of the Department of Justice or the Directorate of National Intelligence, or both, to participate in such interviews. .

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