The Secretary shall approve an application if the Secretary finds that—

(1) the proposed program of education constitutes a “program of education” as that term is defined in this chapter;

(2) the eligible person is not already qualified, by reason of previous education or training, for the educational, professional, or vocational objective for which the program of education is offered;

(3) the eligible person’s proposed educational institution or training establishment is in compliance with all the requirements of this chapter and chapter 36 of this title; and

(4) it does not appear that the enrollment in or pursuit of such person’s program of education would violate any provisions of this chapter or chapter 36 of this title.