Backpacker, let me see if I can shed some light on this.
1. The law usually makes sense if you look at it from the viewpoint of the lawmaker.
And it does. remember that the M-1 visa is NOT a flight training specific visa.
It applies to all vocational training. After 9-11, instead of creating a whole new visa category for flight training, it ws brought under the vocational "M-1" umbrella. So all the rules for the M-1 visa that were already in place have been adapted as necessary to fit the subject.
If I open a welding and hot rod shop next door I can not train foreign students in the art of building race cars. Not unless I am an accredited or approved school or organization. This accreditation can come from many different government institutions. Department of Education, Department of Labour which ever one has jurisdiction.
In our case an "approved school" is approved by the FAA. The only schools that are approved by the FAA (
Federal Aviation Administration)
are Part 141 schools. Part 141 schools are rigourously inspected and Part 61 schools are only visited if they have created a smoking hole in the ground.
So in short;
Only Part 141 schools are approved by a government institution and are therefore eligible for SEVIS approval.
As SoCal stated earlier, nothing to prevent a Part 61 school to get their ducks in a row and apply for 141 certification and SEVIS approval.
So no, it's not unfair.