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You may opt-out by. © 2021 Forbes Media LLC. I encourage others, especially affected colleges, universities and employers, to add their comments. Opinions expressed by Forbes Contributors are their own. Canada makes it easy for international students to transition to work after graduation, which creates a path to permanent residence, notes Toronto-based attorney Peter Rekai. (Photo by Marvin Joseph/The Washington Post via Getty Images), EY & Citi On The Importance Of Resilience And Innovation, Impact 50: Investors Seeking Profit — And Pushing For Change, Parler: The Business Ethics Of Framing And De-Platforming, 3 Questions Leaders Should Be Asking Their Remote Employees, Vaccination Passports Are The Only Way We Can Return To Normality, How 5 Pivots In 2 Industries Can Trigger Net-Zero Pathways In 2021, Why I Stopped Taking Pick Your Brain Meetings, Meet The Winners Of The 27th Annual Crystal Award. Your lawful nonimmigrant status ends, and you are out of status, when your Form I-94 expires, even if you have timely applied to extend your nonimmigrant status . At the same time, in Australia the enrollment of international students in higher education increased by 47% between 2015 and 2018, according to Australian government data. From August 2001 to January 2003, I served as Executive Associate Commissioner for Policy and Planning and Counselor to the Commissioner at the Immigration and Naturalization Service. Get breaking news alerts when you download the ABC News App and subscribe to Immigration notifications. An MRC study of every ABC, CBS and NBC evening news broadcast from January 1 through May 15 of this year found a total of 234 stories that talked about illegal immigration, but less than one-tenth of those (22, or 9%), actually informed viewers about the dramatically increasing rate of illegal crossings. Students may apply and find out months later that they cannot stay even if the school supports the extension. DHS asserts it is trying to weed out students who are progressing slowly in their programs. Anderson: Under the proposed rule what would be the process for a student to stay beyond the two- or four-year period allowed? But There’s Still Hope. . I suspect DHS will say no to extending the comment period, and then issue the final regulation relatively quickly after receiving the comments. DHS asserts that a significant number of international students stay after their studies, and become undocumented. Student News Daily Archives. Immigration is a hot topic in the U.S. today. DHS’ own analysis of the proposed rule says that it could reduce the number of international students who want to come to the United States. Some international students take time to polish their English, and adapt to a new culture and educational system. The Honourable Marco Mendicino, minister of immigration, refugees and citizenship, recently announced that “former international students who hold or held a postgraduate work permit (PGWP) will have the opportunity to apply for an open work permit”. Daily News Article Posted every weekday. In 1965, President Lyndon B. Johnson signed the 1965 Immigration and Naturalization Act, also known as the Hart-Celler Act. Overall, the proposed rule moves from “duration of status” – a flexible concept that allows students to remain in the United States while making “normal progress” in an academic program – to a new policy that imposes an artificial fixed end date. He also plans to send sweeping immigration legislation on his first day in office providing a pathway to citizenship for 11 million people in the country illegally. All Rights Reserved, This is a BETA experience. Many schools consider an I-539 a personal application and will not let their international student advisers help since that might be considered unlawful practice of law. The current rule allows opportunities to change majors, career plans, etc. Even though some of those policies have been stopped in court (such as the unlawful presence memo last year or SEVIS guidance on in-person learning this year), they feed uncertainty and concern. Stuart Anderson: Will the proposed regulation affect currently enrolled international students? (See here.). Bias Is Built Into Our Brains. This article provides an overview of a few key areas that can impact immigrant students and staff, as well as ideas for including these topics in professional development. There is an incredible range of educational opportunities in this country coupled with employers hoping to train foreign-born but U.S.-educated workers. Immigration, Refugees and Citizenship Canada (IRCC) will release the list of approved DLIs as they come available on their webpage. Anderson: What are the chances the proposed rule will go into effect? The global movement of people from one country to another introduces complex questions for governments, citizens, and immigrants. “(US) universities will fight hard to ensure that aspiring students are not precluded from getting visas,” said Poorvi Chothani, managing partner of LawQuest, an immigration law firm with offices in India and the US. Posted processing times at the California Service Center are 7.5 to 10 months for F students to extend/change status. If a school believes that a student has the potential to succeed, DHS should not second guess. Navalny Detained In Russia: Problem Solved For Putin? The proposed rule flips the assumption about how students are treated. (Photo by John Nacion/SOPA Images/LightRocket via Getty Images), The Trump administration has proposed a new regulation that would significantly change how international students are treated in the United States. Citizenship and Immigration Services (USCIS) processing under its current workload, the agency is unlikely to approve applications in time for many students… The new measure applies to all international students regardless of when their study permit was approved, or where they are from, IRCC says. Citizenship and Immigration Services (USCIS) processing under its current workload, Canadian Bureau for International Education, number of Indians obtaining permanent residence in Canada doubled. there is still too much guesswork built into the DHS assumptions concerning the number of overstays among the student and exchange visitor populations.” (Emphasis added.). “The DHS figures represent actual overstays plus arrivals whose departure could not be verified,” writes Robert Warren, a senior visiting fellow at the Center for Migration Studies in an analysis. and stay in school while genuinely studying. Immigration. The number of Indians obtaining permanent residence in Canada doubled between 2016 and 2019. The only evidence presented on international student overstay rates remains a series of flawed Department of Homeland Security (DHS) reports – and even those reports show student overstay rates have dropped significantly. It would require them to gain new approvals at each stage of their studies in the United States, such as a transition from an undergraduate to a graduate-level program. Follow the latest Immigration news stories and headlines. Like many universities, NYU would be affected by a proposed ... [+] rule to limit the length of admission of international students. Berger: To me, the most important takeaway is that it is unnecessary. Before that I spent four and a half years on Capitol Hill on the Senate Immigration Subcommittee, first for Senator Spencer Abraham and then as Staff Director of the subcommittee for Senator Sam Brownback. The denial rate was 24% for H-1B petitions for new employment and 12% for continuing employment through the first three quarters of FY 2019, according to a National Foundation for American Policy analysis. Immigration Attorney Profile – Colin Singer is an experienced authority on all aspects of Canadian immigration. Current students can stay in the United States until their “program end date” listed on their I-20 form. ... Trump administration takes aim at international students again. Moreover, students would face the prospect of USCIS adjudicators denying student extension requests, much like many H-1B visa holders experience today when trying to extend their status and are forced to leave the country. “Compelling academic reasons” are not clearly defined, which means students cannot count on getting an extension. The only basis to request time are “compelling academic reasons,” a medical condition, or a natural disaster or other major event. As an example, another immigration category, the H-4, requires two forms and is quite slow (from 6 to 12 months or even longer). On a positive note, there are two small changes in the proposed rule. In 1965, President Lyndon B. Johnson signed the 1965 Immigration and Naturalization Act, also known as the Hart-Celler Act. It does not take into account the fact that students may stay legally, such as by getting a green card through family or work, and DHS may be missing many people due to inadequate systems or for other reasons. For example, Ph.D. students will have four years from when the rule is published, and at the end of those four years will need to apply for an extension to continue since most Ph.D.’s take five or more years. Immigration policies, deportation threats keep kids out of school, report states Las Cruces, New Mexico saw a 60% spike in school absences after an immigration … (Photo by John Nacion/SOPA Images/LightRocket via Getty Images), EY & Citi On The Importance Of Resilience And Innovation, Impact 50: Investors Seeking Profit — And Pushing For Change, Parler: The Business Ethics Of Framing And De-Platforming, 3 Questions Leaders Should Be Asking Their Remote Employees, Vaccination Passports Are The Only Way We Can Return To Normality, How 5 Pivots In 2 Industries Can Trigger Net-Zero Pathways In 2021, Why I Stopped Taking Pick Your Brain Meetings, Meet The Winners Of The 27th Annual Crystal Award. Attorney Paul Virtue, a former top official at the Immigration and Naturalization Service, told me in an interview: “The DHS report on overstays is dependent on the accuracy of information in SEVIS (Student and Exchange Visitor Information System) and the agency’s ability to match entry and exit information, especially for students who, for example, may have departed through a land port of entry or have had a change of status that was not updated in SEVIS . There is not sufficient evidence to support the idea that international students need more regulation. By Lauren Camera , … The Trump administration expelled 33 children who came to the US without a parent back to Guatemala after a federal judge issued a preliminary injunction blocking the controversial practice that same day.. I have published articles in the Wall Street Journal, New York Times, and other publications. New approvals also would be needed if academic programs take longer than anticipated. © 2021 Forbes Media LLC. Immigration articles for students and other resources: The Secret Side of Empty – I wrote The Secret Side of Empty, a novel about an undocumented teen girl, because I heard plenty of talk about “those people,” (undocumented immigrants) but not a lot of first-person accounts of what it feels like to be in that position. Citizenship and Immigration Services today announced it will temporarily suspend in-person services at all field offices, asylum offices and application support centers on Jan. 19 and 20 to ensure the safety of our employees and individuals with appointments. . Citizenship and Immigration Services (USCIS) processing under its current workload, the agency is unlikely to approve applications in time for many students. ... Know the News. To better understand the proposed rule, and its impact on students and universities, I interviewed Dan Berger, a partner at the immigration law firm of Curran, Berger & Kludt, who specializes in issues affecting international education. Given the significant delays in U.S. The U.S. Immigration and Customs Enforcement (ICE) agency said it would not allow holders of student visas to remain in the country if their school was fully online for the fall. Immigration & The Border. The proposed rule affects J-1 exchange visas also and will have a significant effect on training of international physicians. Seven Things Leaders Should Focus On In Lockdown During 2021. For longer programs, a four-year maximum stay may not be long enough. Immigration and Naturalization Act of 1965. No matter when they arrive and where they settle, as kids will read here, immigrants always face great obstacles, including finding employment and becoming citizens. Many in the international education community believe the “overstay” argument is being used to justify the policy rather than the actual impetus for eliminating duration of status. Date: 01/05/2021 Writer: Minerva Baumann, 575-646-7566, mbauma46@nmsu.edu Facebook Twitter LinkedIn Google+ Pinterest. Replacing the current “duration of status” for international students with a “maximum period of authorized stay” would increase uncertainty for students. Anderson: Do you think the rule will discourage international students from coming to study in the United States? It’s also possible that a different administration might pull back the regulation next year. Indian students contribute a substantial amount to the US economy by way of university fees each year. But that is based on the number of international students who have not left the United States. DHS may be missing many people due to inadequate systems or for other reasons, significant effect on training of international physicians. The proposed rule says that passing a class is “within the student’s control,” and failing classes is a reason to deny an extension. Recent DHS reports show the purported overstay rate for F-1 students declined by 42% between FY 2016 and FY 2018, falling from 6.19% in FY 2016 to 3.59% in FY 2018. But There’s Still Hope. Immigration and Customs Enforcement agents make an arrest in Ohio in June. Students involved in New Mexico State University’s Research Experience for Undergraduates program in 2020 were unable to do the kind of face-to-face research possible in previous years. The student would be in jeopardy unless he or she leaves the country, according to USCIS. Berger: The student will have to file for an extension of status on Form I-539. This increases the cost and the chance of delay. Educators, staff, and school/district leaders may not know how issues around immigration are affecting students or colleagues. The new “cap-gap” will help avoid work stoppage between October 1 and the H-1B approval. That gives students less flexibility to plan the start of OPT based on how their job search is going. Biden has also noted that he would seek to increase the annual cap on Green Cards which currently stands at 20,000. Pressure has increased in D.C. to deal with border security and immigration policy, especially for those brought to this country as children. Also, it is unclear whether employers hoping to hire international students will choose to wait for the OPT process to be complete. Berger: Currently, Optional Practical Training involves one application and one fee. Answer multiple-choice questions about the article. Get Worksheet Know the News. I am the executive director of the National Foundation for American Policy, a non-partisan public policy research organization focusing on trade, immigration and related. What happens if a student files a timely application but USCIS fails to approve it in time? The clarity created by date-certain admissions will help reduce the overstay rate.”. DHS [Department of Homeland Security] may bring a removal proceeding against you, even if you have an application for extension of status pending.”, The administration has provided little justification for this significant change in policy, which was first placed on the regulatory agenda in October 2018. That will avoid some OPT denials for filing late. Visit thestar.com today for complete coverage of immigration issues that affect our lives and others. Bias Is Built Into Our Brains. Navalny Detained In Russia: Problem Solved For Putin? Penn State Law School notes, “Specifically, individuals who were born in or are citizens of countries designated as state sponsor of terrorism – Iran, North Korea, Sudan and Syria – or citizen of countries with a student and exchange visitor visa overstay rate exceeding 10% would only be eligible for 2-year visas subject to renewal. The current “cap-gap” extends OPT up to October 1, but with a new H-1B lottery system, some H-1B petitions are not approved by October 1. At the Texas Service Center, as of February 4, 2020, the processing time was 9 to 11 and a half months for an “Application to Extend/Change Nonimmigrant Status (I-539).” That means a student would need to file a year in advance for an extension, which likely would not even be permitted by USCIS. For most students, the proposed rule would require two application forms, each with a separate fee, an extension of status and a request for a work card. The government will begin accepting application online from January 27-July 27, 2021. Emma is a 27-year-old Chinese national who is pregnant and living with her husband in New York. Despite this, DHS has not backed away from the potential rule to abolish duration of status and establish a maximum period of authorized stay for F-1 students. All Rights Reserved, This is a BETA experience. . Anderson: How would the proposed rule affect a student applying for Optional Practical Training (OPT) or STEM (science, technology, engineering and math) OPT? Berger: One after another, DHS has announced policies that make it harder to study here. I fear international students will increasingly look elsewhere. The vehicle for this new restriction would be a new regulation to establish a “maximum period of authorized stay for students.” The targeted date for publishing the proposed rule is February 2020. But the rule narrows the window to apply for OPT after graduation from 60 to 30 days. significant delays in U.S. Give your students the facts with these free middle school teaching resources. At a time when other countries are attracting more students, increasing costs and adding new layers of uncertainty will likely discourage international students from coming to the United States. Are not clearly defined, which has driven up processing times at the California Service are! 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