08/02/2012: House Passed H.R. 3120 Student Visa Reform Act by Voice Vote
Yesterday to Prevent Student Visa Mills and Student Visa Fraud
This bill was introduced by Rep. Zoe Lofgren of California on 10/6/2011. The
bill requires that a student coming to study at a college, university, or
language training program in the United States under a F-visa must attend an
institution that is accredited by an accrediting agency recognized by the
Secretary of Education. This bill also provides a 3-year exemption for
students coming to study at a college or university that has been certified
by the Secretary of Homeland Security (DHS) but not yet accredited by an
accrediting agency recognized by the Secretary of Education. This bill also
authorizes, under specified circumstances, the Secretary to require
elementary and secondary schools (exempts religious institutions) to be
similarly accredited for F-visa purposes.
H.R. 3120 is reportedly intended to prevent fraudulent or fly-by-night
colleges and universities from being able to exploit U.S. immigration policy
and/or foreign students who are seeking bona fide educations in the United
States. The bill was reportedly introduced after revelations concerning two
institutions--the International Technological University in San Jose,
California and Tri-Valley University in Pleasanton, California--that were
found to be `visa mills. The term `visa mill' refers to a distinctly
illegitimate `school' that 1) recruits foreign nationals to come on student
visas and charge substantial fees for the F visas and/or 2) is established
for the purpose of providing questionable education and essentially
worthless degrees. The House Report 112-595 indicates that authorities found
suspicious from the investigation that more than 550 students enrolled in
the Alameda County university were registered as living at the same address:
a two-bedroom apartment on El Camino Real in Sunnyvale. Visa mills
reportedly compromise the integrity of the secondary education system in the
United States as well as the integrity of U.S. immigration policy.
By requiring that visas for foreign students seeking to attend colleges and
universities in the U.S. only be granted when the student attends an
accredited school, H.R. 3120 will prevent illegitimate institutions from
cheating foreign nationals who seek a bona fide education in the United
States. In addition, the bill's requirement will prevent colleges and
universities from violating immigration law and potentially threatening our
national security. H.R. 3120 also prohibits certain individuals who have
been previously convicted of felony offenses, such as human smuggling and
visa fraud, from owning or otherwise having a position of leadership in a
new college or university that admits F visaholders. Some individuals who
have previously been convicted of such crimes in connection with running a
visa mill, simply open new `schools.' H.R. 3120 will prevent that from
occurring in the future. H.R. 3120 also allows the Secretary of Homeland
Security to waive the accreditation requirement for a school that is
otherwise in compliance with the requirements for a school that admits F
visaholders and that is making a good faith effort to satisfy the
accreditation requirement. Such waiver is intended to be granted narrowly
and on a case-by-case basis where there is no indication of fraudulent
activity on the part of the school.
This bill now moves to the Senate for its action. There was a rumor reported
by an over anxious person on cyber space yesterday that H.R. 3012 was
passed. Probably, the individual who reported it erroneously confused
between H.R. 3012 and H.R. 3120. The two numbers indeed look identical, isnt
it?
