ACICS No Longer Recognized by Dept. of Education: Impact on Immigration-Related Student Programs

As of August 19, 2022, the US Department of Education no longer recognizes the accreditation of institutions by the Accrediting Council for Independent Colleges and Schools (ACICS).

On November 1, 2022, the USCIS explained in a News Alert how this loss of recognition will affect the following immigration-related student programs:

•  24-Month STEM OPT Extension Program
• USCIS will issue a denial to any F-1 student filing a Form I-765 STEM OPT extension if:
• The STEM degree that is the basis for the STEM OPT extension was obtained from a college or university that was accredited by ACICS; and
• The student’s DSO recommendation for a STEM OPT extension, as indicated on Form I-20, is dated on or after August 19, 2022 (the date when ACICS ceased to be recognized as an accrediting agency).
• STEM-OPT students whose Forms I-20 have a DSO recommendation date prior to August 19, 2022 are not affected.

• H-1B Master’s CAP Eligibility and I-140 Advanced Degree/Professional Eligibility
• Students who obtain their degree after August 19, 2022 from an institution that is solely accredited by ACICS may NOT use that degree to qualify for the H-1B Master’s CAP or to qualify for an I-140 petition filed under the advanced degree and professional classifications.
• If a student’s degree was conferred prior to August 19, 2022 from an ACICS-accredited school, that degree may still be used to qualify for the H-1B Master’s CAP or to qualify for an I-140 petition filed under the advanced degree and professional classifications, as long as all other requirements are met.

•  H-1B CAP Exemption/ACWIA Fee Exemption
• An institution accredited solely by ACICS no longer qualifies for an exemption from the H-1B cap or the ACWIA fee, unless the institution is exempt on another basis.

 ACICS’s website provides a list of institutions currently accredited by ACICS.

USCIS Extends Flexibilities to Certain Applicants Filing Form I-765 for OPT and STEM OPT

Pursuant to a court order, USCIS has extended flexibilities for certain foreign students affected by delayed receipt notices issued for Form I-765, Application for Employment Authorization. These flexibilities apply only to those applications filed on or after Oct. 1, 2020, through Oct. 31, 2021, inclusive.

As acknowledged by USCIS, filers of I-765 EAD applications for OPT and STEM OPT extensions have experienced significant delays in the issuance of receipt notices. In an attempt to assist certain applicants impacted by the delays, USCIS first enacted flexibilities for certain applicants filing form I-765 for OPT on February 26, 2021, which applied to cases received through May 1, 2021. However, those flexibilities were extended by court order on July 23, 2021, and now apply to cases received through October 31, 2021.

Until October 31, 2021, USCIS will allow for the following flexibilities:

Guaranteed Processing of Form I-765 OPT/STEM OPT applications in 120 days

• USCIS will process all applications for OPT and STEM OPT within 120 days of receipt. Processing means that the application will be approved, denied or an RFE will be issued within 120 days.

Grant of post-completion OPT EAD validity period

• USCIS will grant a full 12 months of post-completion OPT irrespective of the requirement that OPT be completed within 14 months of graduation.
• USCIS will grant OPT for the full period originally recommended by the DSO on Form I-20, irrespective of the time of adjudication.

Retroactive correction of OPT EADs already issued

• Upon eligible applicants’ request, USCIS will issue a CORRECTED EAD for any post-completion OPT EAD application received between Oct. 1, 2020, through Oct. 31, 2021, inclusive, that was issued with a validity period that was less than the DSO’s recommended validity period.

 Acceptance of previously-rejected OPT/STEM OPT applications

• USCIS will accept re-filed I-765 applications for OPT/STEM OPT that were originally filed on time between October 1, 2020 and October 31, 2021 and later rejected.
• Resubmitted applications must be received prior to November 30, 2021.
• Resubmitted applications will be processed as if received on the original date (i.e. the full period of OPT will be granted, but the original I-20 will be accepted without the requirement of a new I-20).

o   If the case was rejected for missing or deficient signature(s), a             request for Evidence will be issued instead of a denial. 

Acceptance of Form I-765 post-completion OPT applications 120 days before completion of program

• From July 23, 2021 until October 31, 2021, USCIS will accept I-765 post-completion OPT applications submitted up to 120 days (instead of 90) before completion of the respective program.

INCREASING SITE VISITS FOR STEM OPTs

The American Immigration Lawyers Association (AILA) has received reports of SEVP officers conducting site visits to confirm the details of students’ STEM OPT employment and that the Petitioner is in compliance with their attestations on the I-983.

Visits can be either random or based on a complaint. For random visits, SEVP officers have typically contacted the STEM OPT employee’s manager 1-2 days before the visit is to be conducted. For a complaint, there will likely be no notice given by the SEVP officer.

From reported visits, the visits generally last 1-2 hours at the STEM OPT worksite. According to the DHS’s website, the visits will address:

1.     How the salary of the STEM OPT employee is determined;

2.     Whether there are sufficient resources from the Petitioner to provide supervision and training of the employee; and

3.     Whether the Petitioner is maintaining an employer-employee relationship with the employee.

It is important to review your STEM OPT employee’s I-983 forms and ensure that the employer team (especially the manager listed on the I-983) and the employee are familiar with the details of employment and the training plan.