On August 19, 2022, the U.S. Department of Education (ED) announced that it no longer recognizes the Accrediting Council for Independent Colleges and Schools (ACICS) as an accrediting agency.
This decision by the ED immediately affects individuals who are currently engaged in the following two immigration-related student programs:
- English language Study Programs.
- F-1 Students applying for a 24-month science, technology, engineering, and mathematics (STEM) option practical training (OPT) extension.
IMPACT ON ACICS ACCREDITED UNIVERSITIES
Q. Does this decision impact all accredited schools?
A. No, this decision only impacts students who are enrolled in programs at schools with ACICS-accredited schools that offer the above-mentioned two immigration-related student programs.
Q. What is the impact of this decision on ACICS accredited schools?
A. ACICS accredited schools will be unable to issue program extensions, and students will only be allowed to finish their current session IF the ACICS accredited school chooses to voluntarily withdraw its certification or is withdrawn by SEVP.
Q. What is the impact of this decision on ACICS accredited schools?
A. ACICS accredited schools will be unable to issue program extensions, and students will only be allowed to finish their current session IF the ACICS accredited school chooses to voluntarily withdraw its certification or is withdrawn by SEVP.
ENGLISH LANGUAGE STUDY PROGRAMS
Q. Why will this decision impact English Language Study Program?
A. No, this decision only impacts students who are enrolled in programs at schools with ACICS accredited schools that offer the above mentioned two immigration-related student programs.
Q. I have filed Form I-539, Application to Extend/Change Nonimmigrant Status, what should I do next?
A. USCIS will issue requests for evidence (RFEs) to any individual who has filed Form I-539, Application to Extend/Change Nonimmigrant Status, on or after Aug. 19, 2022, requesting a change of status or reinstatement to attend an ACICS-accredited English language study program. Upon receiving an RFE, individuals will have an opportunity to provide evidence in response, such as documentation showing that the English language study program, they are seeking to enroll in meets the accreditation requirements. If the student does not submit a new Form I-20 from a school accredited by an entity recognized by ED, USCIS will deny a change of status or reinstatement request.
IMPACT ON THE 24-MONTH STEM OPT EXTENSION PROGRAM
Q. Why will this decision impact a student’s 24 Month STEM OPT Extension?
A. F-1 students wishing to participate in the STEM OPT extension program must have a degree from an ED-recognized accredited U.S. educational institution at the time they file their STEM OPT application.
Q. Will USCIS deny my Form I-765 for STEM OPT Extension?
A. 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 Aug. 19, 2022 (the date when ACICS ceased to be recognized as an accrediting agency).
- Students whose Forms I-20 have a DSO recommendation date prior to Aug. 19, 2022, are not affected.
Q. Why will this decision impact my STEM OPT Extension application?
A. Because students must use a STEM degree from an accredited, SEVP-certified school at the time of application, the ACICS loss of recognition as an accrediting agency prevents these students from qualifying for a STEM OPT extension. Students who receive a denial will have 60 days to prepare for departure from the United States, transfer to a different school, or to begin a new course of study at an accredited, SEVP-certified school.
IMPACT ON H-1B’s AND I-140 PETITIONS OF STUDENTS WITH DEGREES FROM ACICS ACCREDITED UNIVERSITIES
Q. How will this decision impact a student’s H-1B prospects, with a degree from ACICS accredited universities?
B. Colleges and universities solely accredited by ACICS are no longer accredited institutions, and any degrees conferred by those colleges and universities on or after August 19, 2022, will no longer qualify as a U.S. degree in terms of qualifying for the H-1B advanced degree exemption (also known as the master’s cap) or for the beneficiary requirements at 8 CFR 214.2(h)(4)(iii)(C)(1).
Q. How will this decision impact a student’s I-140 petition, with a degree from ACICS accredited universities?
A. For beneficiaries who hold affected degrees, the loss of recognition also affects those I-140 petitions filed under the advanced degree and professional classifications where the beneficiary’s educational credentials must be a U.S. degree or foreign equivalent degree.
Q. How will this decision impact a student who received a degree from ACICS accredited universities prior to August 19, 2022?
A. A degree conferred by colleges and universities solely accredited by ACICS before Aug. 19, 2022, while the college or university was accredited, is generally considered to be a degree from an accredited institution, and can be used to qualify for the H-1B master’s cap or for the beneficiary requirements at 8 CFR 214.2(h)(4)(iii)(C)(1) and I-140 petitions filed under the advanced degree and professional classifications, as long as all other requirements are met.
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