CompetitivenessProposed Student Visa Policy Could Hinder U.S. Competitiveness

By David L. Di Maria

Published 20 October 2020

In an effort to crack down on international students and scholars who overstay their visas, the administration is seeking to implement a new set of rules that would make it more difficult for them to remain in the U.S. One of the rules requires foreign students to leave the United States after two or four years, regardless of whether they have completed they degree or research work. The rule comes with a steep price tag. It would also undermine America’s interest in attracting talent from abroad and, ironically, it would do little to actually curtail the problem of visa overstays that it purports to solve.

In an effort to crack down on international students and scholars who overstay their visas, the Trump administration is seeking to implement a new set of rules that would make it more difficult for them to remain in the U.S.

Among other things, the proposed rules would require students and scholars from certain countries to leave within either two or four years. This would be irrespective of whether or not they’ve completed their degrees and research. Only those who could prove a “compelling” reason to stay longer would be allowed to do so.

But the rule, which has already drawn more than 20,000 comments from the public, comes with a steep price tag. It would also undermine America’s interest in attracting talent from abroad and, ironically, it would do little to actually curtail the problem of visa overstays that it purports to solve. That is my analysis as a higher education administrator who specializes in international education.

Time Limits
The Department of Homeland Security’s proposed tighter restrictions are outlined in a 256-page document.

Which of the two new proposed maximum time limits – two or four years – would apply would depend on various criteria. Currently, these students and scholars are admitted for “duration of status,” which means they may stay for as long as their academic endeavors require, as long as they follow the terms of their visa.

Things that would subject a student or scholar to a two-year cap include being from certain countries, pursuing particular courses of study and whether or not their university fully participates in E-Verify, a web-based federal document verification system.

There are other changes as well.

For instance, students will have 30 days – half the time currently allotted – to leave the country after completing their academic program. Any petitions for extensions of stay would need to be approved by U.S. Citizenship and Immigration Services. Certain activities, such as participating in off-campus internships, would be prohibited while this paperwork was pending.

This new process also would require students and scholars to pay US$455 in new filing fees.

Enough Time?
Federal data show it takes four years and four months, on average, to complete a bachelor’s degree. In fact, only 44% of first-time, full-time students attending a four-year institution in 2012 completed a bachelor’s degree within four years. For international students, 52% graduate within four years. That means nearly half of all international students take more than four years to finish college.

There are many reasons students often require more