US set to get tough on overstaying students
Immigration experts say such policies will divert students towards other countries
Students travelling to the US for higher studies will have a new set of concerns as the US Citizenship and Immigration Services (USCIS) is planning to tighten the noose for violation of immigration norms.
This could prompt international students to seek greener pastures, that is, countries which are more immigration friendly.
According to a USCIS policy memorandum issued last week, individuals who accrue more than 180 days of unlawful presence in a single stay before departing from the US can be barred from returning for a period of three to 10 years.
“USCIS is dedicated to its mission of ensuring integrity of the immigration system. F, J, and M type of nonimmigrants are admitted to the United States for a specific purpose, and when that purpose has ended, we expect them to depart or obtain another lawful immigration status,” USCIS director L. Francis Cissna said in a statement.
The message is clear that nonimmigrants cannot overstay their periods of admission or violate the terms of admission in the US anymore.
The memorandum, which is open for public comments till June 11, becomes effective from August 9.
It applies to J,M and F type applicants who could earlier maintain their immigration
According to a USCIS policy memorandum issued last week, individuals who accrue more than 180 days of unlawful presence in a single stay before departing from the US can be barred from returning for a period of three to 10 years
status for as long as they pursued their course. These categories encompass foreign vocational students as well as visiting scholars.
“The earlier policy made more sense, and maintained the distinction between lawful or unlawful presence. The three and 10 years prohibition, or the permanent bar, are extremely draconian and should only be implemented when the nonimmigrant stays after a certain date expires,” noted Cyrus Mehta, immigration lawyer, in a blog post.
He added that following this proposal, even F-1 students could be billed as having engaged in unauthourized activity after the completion of their course.
This is because their field of study may not be classified as a science, technology, engineering and math (STEM) course. The optional practical training (OPT) programme for STEM students is longer but these students cannot wortk in third party client sites from now.
According to USCIS, practical training must take place at the site of the employers office or worksite(s) and to ensure that this is happening, US Immigration and Customs Enforcement (ICE) has been given the authority to conduct employer site visits.
This means that the ICE will always keep an eye on a student’s worksite.
In case a student is sent to different worksites as part of a training opportunity, ICE must be able to access such worksite locations. The OPT program allows students to work for a year in the US after completion of their course before they start applying for H1B visas.
Immigration experts have been expressing their concern on the protectionist US policies lately as this can negatively impact the talent flow into the US. Already, the country is facing a serious dearth of STEM professionals. As per industry reports, one in six international students in the US are Indians.
“We have already seen a number of students drop out from India and this will have a negative impact because the US does provide substantial assurance of job for STEM workers,” said Austin T Fragomen, Jr. Chairman of Fragomen Del Rey, Bernsen & Lowey LLP, during an interaction with Business Standard on immigration policies.
He noted that students will opt for Germany or UK or other European countries which are liberal in allowing students to work. In the process, the US will lose a lot of good people and global talent, which can put it at a disadvantage.