HR 414 — Student Visa Security Improvement Act

Summary

Student Visa Security Improvement ActThis bill establishes new requirements for foreign student visas and participating educational institutions. The Department of Homeland Security (DHS) must review the applications of student visa applicants and conduct in-person interviews when appropriate to determine whether they are inadmissible due to terrorist-related activities. DHS must also conduct on-site reviews of applications and supporting documents deemed appropriate prior to final adjudication.Institutions and exchange student visitor programs must ensure that student visa-holders are active participants in the program. Students must be regularly observed and must be reported on if they transfer or change majors. The bill also provides for enhanced access to the Student and Exchange Visitor Information System for institutions and programs that meet staffing and training requirements.The Government Accountability Office must review the fees for the Student and Exchange Visitor program.

Bill Text

• Introduced Introduced in House Current html January 15, 2025

Compared against current U.S. Code AI-generated reading aid — verify against the official bill.

The bill enhances background checks and monitoring requirements for student visas and exchange visitors within the Homeland Security Act.

• 6 U.S.C. 236

  (9) Student visas.--In administering the program under this subsection, the Secretary, not later than 180 days after the date of the enactment of the Student Visa Security Improvement Act-- (A) shall prescribe regulations to require employees assigned under paragraph (1) to review the applications of all applicants recommended by Department of State personnel for visas under subparagraph (F), (J), or (M) of section 101(a)(15) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)), and conduct in-person interviews where appropriate, prior to final adjudication, with special emphasis on determining whether applicants are inadmissible under section 212(a)(3)(B) of such Act (8 U.S.C. 1182(a)(3)(B)) (relating to terrorist activities); (B) shall ensure that employees assigned under paragraph (1) conduct on-site reviews of any applications and supporting documentation for visas under subparagraph (F), (J), or (M) of section 101(a)(15) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)) that they deem appropriate prior to final adjudication; and (C) shall update, in consultation with the Secretary of State, the memorandum of understanding between the Department of Homeland Security and the Department of State regarding implementation of this section to clarify the roles and responsibilities of employees assigned under paragraph (1) specifically with regard to the duties prescribed by this paragraph.

  This establishes enhanced regulations for reviewing student visa applications, including mandatory in-person interviews in certain cases.

• 6 U.S.C. 252

  (5) Student and exchange visitor program.--In administering the program under paragraph (4), the Secretary shall, not later than one year after the date of the enactment of the Student Visa Security Improvement Act-- (A) prescribe regulations to require an institution or exchange visitor program sponsor participating in the Student and Exchange Visitor Program to ensure that each covered student or exchange visitor enrolled at the institution or attending the exchange visitor program-- (i) is an active participant in the program for which the covered student or exchange visitor was issued a visa to enter the United States; (ii) is not unobserved for any period-- (I) exceeding 30 days during any academic term or program in which the covered student or exchange visitor is enrolled; or (II) exceeding 60 days during any period not described in subclause (I); and (iii) is reported to the Department within 10 days of-- (I) transferring to another institution or program; (II) changing academic majors; or (III) any other changes to information required to be maintained in the system described in paragraph (4); (B) notwithstanding subparagraph (A), require each covered student or exchange visitor to be observed at least once every 60 days; and (C) prescribe regulations defining what constitutes the commencement of participation of a covered student in a designated exchange visitor program (as defined in section 641(h) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1372(h))).

  This enacts new requirements for institutions regarding the monitoring and reporting of student and exchange visitors.

• 6 U.S.C. 252

  (6) Enhanced access.--The Secretary shall provide access to the Student and Exchange Visitor Information System (hereinafter in this subsection referred to as the `SEVIS'), or other equivalent or successor program or system, to appropriate employees of an institution or exchange visitor program sponsor participating in the Student and Exchange Visitor Program if-- (A) at least two authorized users are identified at each participating institution or exchange visitor sponsor; (B) at least one additional authorized user is identified at each such institution or sponsor for every 200 covered students or exchange visitors enrolled at the institution or sponsor; and (C) each authorized user is certified by the Secretary as having completed an appropriate training course provided by the Department for the program or system.

  This mandates that institutions have authorized users who can access SEVIS to improve monitoring of students and exchange visitors.

• 6 U.S.C. 252

  (7) Program support.--The Secretary shall provide appropriate technical support options to facilitate use of the program or system described in paragraph (4) by authorized users.

  This requires the Secretary to ensure technical support is available for authorized users of the student and exchange visitor monitoring systems.

• 6 U.S.C. 252

  (10) Decertification.--The Secretary is authorized, without notice, to decertify any approved institution or exchange visitor program sponsor if such institution or exchange visitor program sponsor is engaged in egregious criminal activities or is a threat to national security.

  This provides the Secretary with the authority to decertify institutions or sponsors that pose a security risk or engage in serious crimes.

Action History

1. January 15, 2025

   Introduced in House

2. January 15, 2025

   Introduced in House

3. January 15, 2025

   Referred to the House Committee on the Judiciary.

Sponsors

• Gus M. Bilirakis · Primary

Subjects