U.S. College and University Presidents Call on Congress to Support International Students
/On June 24, thirty Michigan college and university presidents wrote a letter to the state’s congressional delegation expressing concerns with current U.S. immigration policy and practice and identifying actions Congress can take to help Michigan schools attract and welcome international students and faculty. This follows a similar letter sent in early May of this year from the presidents of more than two dozen New Jersey colleges and universities to members of its congressional delegation. NAFSA: Association of International Educators is aware of several similar letters that are being drafted to congressional delegations from other states.
These letters identify five actions that Congress can take to reinvigorate and streamline the foreign talent pipeline to our colleges and universities:
Preserve duration of status for foreign students and exchange visitors (F and J status): For decades, students and scholars have been granted immigration status that lasts for the period of time they are engaging in their studies or research, known as duration of status or D/S. Alarmingly, the Department of Homeland Security (DHS) included the elimination of D/S in its Unified Agenda of Regulatory and Deregulatory Actions published this spring. Maintaining D/S is necessary because the time for study or research can fluctuate given the changing goals and actions of the student or scholar. U.S. Citizenship and Immigration Services (USCIS) already struggles with long backlogs and delays, and it will be unable to timely adjudicate the filings that this change would generate. USCIS average processing times have increased by 46% over the past two fiscal years and 91% since fiscal year 2014. Ending D/S for students and scholars would exacerbate an existing problem by adding an enormous number of new application filings to extend status.
Protect experiential learning opportunities for foreign students: Optional Practical Training (OPT) permits foreign students studying in the U.S. to apply for “practical training” with a U.S. employer in a job directly related to their course of study. According to a 2019 report from the Niskanen Center, experiential learning opportunities like OPT for international students lead to increased innovation and higher average earnings, while not costing U.S. workers their jobs. The program allows students to supplement their education with valuable experiential learning and on-the-job-training as they start their careers. DHS included elimination of OPT in its Spring and Fall Unified Agenda of Regulatory and Deregulatory Actions last year. Experiential learning like OPT for international students is a key component of U.S. higher education. Access to this opportunity attracts international students; many competitor countries like Australia and Canada use their similar programs to attract students away from the United States.
Reduce administrative processing delays for entry visas: In a number of recent cases, graduate students and faculty members have been forced to miss or defer entire semesters because their entry visa applications were mired in “administrative processing” at the State Department. Administrative processing is the time period outside of “normal” processing times in which cases that appear to meet the basic eligibility requirements are referred for additional background checks. Applicants are generally not provided with any explanations, nor are they told how long the additional processing may last. This situation creates untenable uncertainty for the applicant, the university, and other affected parties, especially as anecdotal reports indicate an increase in the amount of time that cases are remaining in this category. This can be especially problematic for foreign students and academics, whose commitments in the U.S. align with an established academic calendar.
Mitigate processing delays for OPT: Unfortunately, processing times for OPT applications have increased from a previous maximum of 90 days in 2016 up to 5½ months today. Processing times of this length create an enormous burden for students. The consequence of these delays is that students are unable to begin their job or program on time and, in many instances, they may lose out on the position altogether. This harms not only the students, but also the employers seeking to hire qualified, U.S.-trained workers for a practical training opportunity.
Alleviate increased Requests for Evidence: Over the past year, employers seeking to hire foreign-born employees have seen a dramatic increase in the number of “Requests for Evidence” (RFEs) from USCIS, particularly for H-1B visas, which allow U.S. employers to hire highly-skilled foreign workers in specialty occupations. We understand that USCIS has a responsibility to ensure that it has necessary information about eligibility. The scope of the increase, however, is staggering. RFEs for H-1B visa petitions more than doubled between the third and fourth quarters of FY 2017. These requests delay the issuance of visas for employers by months and increase legal costs. Meanwhile, our professors and other employees are putting their lives on hold as they wait for start dates.
