Accrediting Council for Independent Colleges and Schools No Longer Recognized as an Accrediting Agency

By: Jioselin Juarez Contreras 

The United States Department of Education will stop recognizing the Accrediting Council for Independent Colleges and Schools (ACICS) as an accrediting agency starting August 19, 2022. Therefore, organizations previously certified by ACICS will no longer be considered accredited and degrees issued by those institutions cannot be used to receive immigration benefits. The policy will primarily affect two immigration student programs, the F-1 Science, Technology, Engineering and Mathematics (STEM) optional practical training (OPT) program and English Language Study programs.

ACICS schools with withdrawn certificates will be given a timeframe to provide evidence to earn back their accreditation. If a school regains certification, F-1 or English language students can continue their programs as planned. However, if an ACICS accredited school has their certification withdrawn, voluntarily or by the Student and Exchange Visitor Program (SEVP), nonimmigrant students may be permitted to complete their current session.

English Language Study Programs

The Accreditation of English Language Training Programs Act currently requires all English language study programs to be accredited.

Students who filed Form I-539, Application to Extend/Change Nonimmigrant Status on or after August 19, 2022, in order to attend an ACICS accredited school should expect to receive a request for evidence (RFE). The RFE will allow applicants the option to submit further evidence and prove the program they are applying for meets the Department of Education’s accreditation requirements.

Additionally, students can reapply to another English language study program by submitting a new Form I-20, Certificate of Eligibility for Nonimmigrant Student Status from a Department of Education accredited school. If the student does not submit a new Form I-20 or an appropriate response to the RFE, their application will be denied.

F-1 Students

In order to qualify for the F-1 optional practical training (OPT) 24-month science, technology, engineering, and mathematics (STEM), an F-1 student must apply with a degree from an accredited SEVP school. The accreditation must be active and valid on the date the designated school official’s (DSO) submitted their recommendation, Form I-20, Certificate of Eligibility for Nonimmigrant Student Status. Therefore, if a student has a Form I-20 dated before August 19, 2022 they will not be impacted. M-1 students are not currently able to apply for OPT.

Form I-765 STEM OPT extensions will be denied if the applicant’s STEM degree was issued by an institution accredited by ACICS and if the DSO’s recommendation, Form I-20, is dated on or after August 19, 2022. F-1 students who are denied OPT have 60 days before they must depart the United States or enroll in a new accredited, SEVP certified school.

Next Steps

Students currently enrolled in schools accredited by ACICS should contact their DSO or contact their immigration attorney to learn more about how the loss of accreditation will directly impact them and their immigration status. SEVP will send notification letters to any student currently enrolled in a program that loses accreditation. These letters will likely provide further guidance for individuals at risk of losing their immigration status and benefits.

H-1B and Form I-140 Advanced Degree Applicants

In order to qualify for the H-1B advanced degree exemption or submit an I-140 under the advanced degree and professional classifications, an applicant must have a degree from an accredited institution. Therefore, individuals who graduate from an ACICS college or university after August 19, 2022 will no longer qualify for the advanced degree exemption. Applicants whose degree was awarded before August 19, 2022 will likely remain unaffected and can apply for an H-1B advanced degree exemption or file an I-140 under the advanced degree and professional classification.

Similarly, H-1B cap or ACWIA fee exemptions apply to a university or college that qualifies as an institution of higher education. Unaccredited institutions do not qualify.

Conclusion

It is essential for F-1 students in STEM programs and students currently enrolled in English language programs to make sure their institutions remain accredited. Students impacted by accreditation loss should immediately contact the trusted Chugh, LLP attorneys and discuss their options to remain in the United States.