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As the fall semester approaches, colleges and universities
should be conscious of developments relating to the certification
requirements that apply to schools that enroll foreign nonimmigrant
students. During the first half of 2012, the Student and Exchange
Visitor Program ("SEVP"), the federal agency responsible
for certifying institutions to enroll foreign nonimmigrant
students, began implementing changes that will affect all colleges,
universities, and other educational institutions that provide
English language training ("ESL") programs. These changes
stem from the Accreditation of English Language Training Act
("Accreditation Act"), which became effective in June of
2011.
The Accreditation of English Language Training Programs
Act
Pursuant to the Accreditation Act, ESL programs that enroll
foreign nonimmigrant students must obtain accreditation from a
regional or national accreditation agency recognized by the
Department of Education. This requirement has significant
implications for educational institutions
that enroll foreign nonimmigrant students in ESL programs.
According to recent guidance published by SEVP, the
Accreditation Act applies to two types of ESL programs:
Stand-Alone ESL Schools whose officials have
indicated on the school's Form I-17 the intention to offer only
ESL programs of study; and
Combined Schools whose officials have
indicated on the school's Form I-17 that the school offers an
ESL program of study, as well as other programs of study (A
Combined School may either contract out the ESL program of study or
wholly own and operate the ESL program of study under the
institution's governance).
Any college or university that offers ESL programs in addition
to general courses of study would fall within the "Combined
School" category. Combined Schools are subject to the
requirements imposed by the Accreditation Act.
Compliance with the Accreditation Act
Compliance with the Accreditation Act is not simple. There are
few private agencies that accredit ESL programs and the process to
apply for accreditation is lengthy; for some agencies it can take
between one and two years, and, in some instances, even longer.
This new law accounted for the delays associated with obtaining
accreditation by granting a three-year reprieve from its
requirements for ESL programs that applied for accreditation prior
to December 15, 2011. Programs that did not meet the December
deadline, however, may not continue to enroll foreign nonimmigrant
students.
Implementation of the Accreditation Act by SEVP
SEVP has already started to issue out-of-cycle review notices to
schools offering ESL programs. An out-of-cycle review is a demand
for the school to submit evidence of its continued compliance with
SEVP certification requirements. Schools have 30 days from receipt
of an out-of-cycle review to submit evidence of compliance to SEVP.
If the school is unable to prove that its ESL program is
accredited, then the school must cease enrolling foreign
nonimmigrant students in its ESL program and may not issue new Form
I-20s for its ESL program.
SEVP has not provided clear guidance as to what constitutes
sufficient evidence of compliance with the Accreditation Act. All
colleges and universities with SEVP certification are accredited by
a regional or national accreditation agency, but, typically, the
accreditation is general and applies to the entire institution. At
this time, SEVP has not clarified whether this type of
accreditation is sufficient to satisfy the Accreditation Act's
requirements or whether ESL programs at Combined Schools will
require separate accreditation that specifically addresses their
ESL program.
Additional Considerations for Colleges and Universities
The Accreditation Act applies only to colleges and universities
that offer ESL programs. The first step, therefore, is to determine
if your English program is in fact an ESL program as defined by
SEVP. According to SEVP, "[i]f English language training is
just an adjunct or it will be taken in conjunction with another
program of study, do not indicate English language training [on the
Form I-17].1 Based on this guidance, schools that teach
English as part of their curriculum, but do not provide a separate,
stand-alone, ESL program will not need to comply with the
additional requirements imposed by the Accreditation Act.
The application of the Accreditation Act will vary between
colleges and universities based on the details of their ESL
program. We will continue to monitor the guidance issued by SEVP
regarding compliance with the Accreditation Act.
Footnotes
1. See I-17 Frequently Asked Question: Preparing the
Petition for SEVP Certification, U.S. Department of Homeland
Security (available at "http://www.ice.gov/sevis/i17/i17_4.htm"
).
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guide to the subject matter. Specialist advice should be sought
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