Student Visa Security Improvement Act
The Student Visa Security Improvement Act seeks to tighten how the U.S. handles student visas (F, J, and M categories) by giving the Department of Homeland Security stronger authority to conduct background checks and by imposing stricter, more frequent oversight of international students and exchange visitors through the Student and Exchange Visitor Program (SEVP). Key changes include mandating in-person or on-site reviews and interviews for certain visa applicants recommended by the State Department, expanding how institutions monitor and report student activity, and enhancing DHS-DOS collaboration and data systems (SEVIS). The bill also adds new reporting requirements, a pathway to decertify problematic institutions, and a process to review program fees. The overall aim is to reduce security risk and improve compliance in the student visa system, with provisions that would increase oversight for colleges, universities, and sponsoring programs. In short, the bill would (1) tighten visa vetting for student applicants, (2) require more rigorous on-campus monitoring of enrolled students and exchanges, (3) expand access and training for SEVIS users, (4) update data fields to track academic performance and status changes, (5) empower DHS to decertify problematic programs, and (6) require ongoing oversight and transparency through GAO reviews and DHS reporting to Congress.
Key Points
- 1Enhanced student visa background checks (Section 428(e) amendment)
- 2- DHS must, within 180 days, issue regs requiring DHS employees to review applications for visas recommended by the State Department for F/J/M categories, conduct in-person interviews where appropriate, and focus on potential terrorist inadmissibility.
- 3- On-site reviews of visa applications and supporting documents must be conducted as deemed appropriate.
- 4- Revisions to the DHS-State Department memorandum of understanding to clarify roles related to these duties.
- 5Strengthened Student and Exchange Visitor Program (SEVP) requirements (Section 442)
- 6- Institutions sponsoring students/exchange visitors must ensure:
- 7- Active participation in the program for which a visa was issued.
- 8- No unobserved periods longer than 30 days within a term/program (or longer than 60 days outside those periods).
- 9- Timely reporting of transfers, major changes, or any other required information within 10 days.
- 10- Requirement that each covered student/visitor be observed at least once every 60 days.
- 11- Definitions clarifying “covered student,” “observed,” and “authorized user.”
- 12SEVIS access, training, and data upgrades (Section 442)
- 13- Institutions must have multiple authorized SEVIS users (minimum two per participating institution; additional users per 200 students/visitors).
- 14- Authorized users require Secretary-approved training.
- 15- Provision of technical support for SEVIS use; upgrades to SEVIS to include data fields such as academic performance verification and timely entry of required information.
- 16Oversight, funding, and accountability
- 17- Decertification authority: DHS may decertify an approved institution or sponsor without notice if egregious criminal activity or a national security threat is involved.
- 18- Comptroller General (GAO) review of SEVP fees, with analyses covering data from 2017–2019 and 2020–2023, and consideration of all related expenses.
- 19- Biannual DHS reporting to Congress assessing compliance, timeliness, and reporting performance of institutions/sponsors.