A simple change in procedure will result in thousands of people searching for specific visa categories entering the United States with no benefit.
The information was shared precisely by the Office of Citizenship and Immigration Services (better known by its acronym USCIS). Entity indicating that among those affected are even students and workers.
Affected visa category
Visa categories affected include F-1, H-1B and EB-1 visa categories.
For example, students on F-1 visas applying for a 24-month extension for their Optional Practical Training (OPT) in Science, Technology, Engineering, and Mathematics (STEM).
In this case, this is not possible as they require a degree issued by a Student and Exchange Visitor Program (SEVP) accredited or certified school.
The point is that henceforth the Accrediting Council of Independent Colleges and Schools (ACICS) will no longer be recognized as an accrediting agency. This implies a direct concern for thousands of students and immigrants with H-1B visas, but also for other groups of foreigners, as we will see below.
Some of those affected and what they should do
It was August 19, 2022 when the Department of Education (ED) announced its decision in this regard. Which, if implemented, will radically affect two of the immigration-recognized student programs, USCIS pointed out.
The English-language course is particularly affected. As they must be accredited under the English Language Training Programs Accreditation Act. But not only these, as among the others affected are students enrolled in ACICS-accredited schools. They should contact their curriculum coordinators immediately.
However, the “SEVP will send notification letters with guidance to impacted students when their schools are decertified,” USCIS stated.
Likewise, the authority that will issue a request for evidence (RFE, in English) ensures it. Especially useful for anyone who has filed an I-539 or application for an extension or change in nonimmigrant status since August 19.
“When they receive an RFE, people then have an opportunity to respond with evidence. They can demonstrate that the English language study program they wish to enroll in meets all immigration requirements for accreditation.”
Unfortunately, students who do not provide a certificate of English studies from a recognized institution will be denied the immigration grant they are applying for.
This also applies to students with an F-1 visa who are interested in participating in the MINT-OPT extension program. As they must have an English degree from a DE accredited institution.
Visa to work in the United States
Similarly, losing ACICS certification means that any documents issued after August 19 will not be accepted for immigration applications before USCIS immigration authorities. This is the case with H-1B visas (commonly recognized as Master’s Limit).
“Let’s be clear: It will no longer serve as a US degree to qualify for the H-1B advanced degree waiver,” the USCIS statement said.
On the other hand, the United States immigration authorities said that this will also limit those who submit an I-140 form for foreign workers. Just like the EB-1 visa.