Challenges for Foreign Students

Foreign students are of great value to the US economy and academia. For example, in 2003, foreign students spent $13 billion in the United States, making education the fifth largest US export. Foreign students and, professors, and researchers bring special expertise and insight, enriching the American academic community, and American culture as a whole.

However, in the last three years, several high barriers have been placed to stop the flow of top-level foreign students and scientists from other countries. In the name of national security, those who are not a threat to national security or the US economy and culture itself, have been singled out as scapegoats. Those in the current US government who wish to restrict the flow of ideas and technology cause great harm to American colleges and universities, as well as the US economy. These “restrictionists” have put in place unreasonable barriers to the global “marketplace of ideas”.

One such barrier is the array of clearance checks known as Visas MANTIS and Visas CONDOR, and the Technology Alert List (TAL). These clearance checks have caused increased and unnecessary consular security and delays. The number of visa denials for students, academics, and researchers has also increased as a result of these additional clearance checks. For example, approximately 20 percent of those accepted into masters and PhD physics programs have been delayed or denied entry. Also, several US universities have reported trouble filling resident advisor and teaching assistant positions, that were previously filled by noncitizen graduate students. Growing dissatisfaction with American entry constraints has given incentives to European, Australian, and Canadian universities to actively and aggressively court foreign students to studying their countries instead of the United States. As a result, the United States is becoming increasingly isolated and cut-off from the best and the brightest minds in the world.

On unnecessarily burdensome clearance check is the Technology Alert List (TAL). TAL was created in 2000. Its purpose was to provide a guideline for consular officials to use in reviewing visa applications. The stated purpose of this guideline is to prevent the export of “goods, technology, or sensitive information” by students and researches. This list encompasses a large number of fields, including chemical and biotechnology, engineering, materials technology, information security, and robotics. TAL, along with another clearance check known as Export Administration Regulations (EAR) add yet another level of security clearance to an already over-burdened system. This causes delay and denials, and does nothing to increase security.

The most discouraged students are those from Arab countries and other countries that the US has targeted for special registration (known as National Security entry/Exit Registration Systems – NSEERS). Student applications from these countries have declined the most during the past years. These students have found that their applications for student visas (F-1) and exchange visitor visas (J-1) have been unreasonably denied.

Foreign students generally pursue their degrees as either F-1 or J-1 visa holders. These are short-term nonimmigrant visas. They are only granted if the consular or border officials are convinced that the student or exchange visitor has strong ties to his/her home country. They want to be assured that the student or visitor will return to his/her home country once the visa has expired. As such, the applicant can be refused admission if there is any sign that they he/she may intend to remain in the US. Therefore, it is extremely important for students and visitors to be honest to the consular and border officials and to make it clear that they intend to leave the US once their studies have concluded.

Students and visitors, nevertheless, have the option of extending or changing their student or visitor status. They can also adjust to become permanent residents in certain cases. However, they must not intend to extend or change their status at the time they first enter the United States. When interviewed at the border, they must state honestly that they have this intention when entering the United States. To state that they have the intention of changing status or applying for permanent residence would result in a denial of their student visa.

In general, a student visa is for student status only. Foreign students and exchange visitor are generally not permitted to work. However, under certain conditions they may work, foreign students may work part-time on campus. In addition, they can work off-campus if it is part of their education. This program is called Curricular Practical Training. After graduation, they can work off-campus full-time for up to a year. This is the Optional Practical Training Program (OPT). OPT is a good introduction to the work force, and can often lead to a work visa (such as an H-1B work visa).

H-1B visas are three-year work visas. They are renewable for up to six years. Students who graduate with four-year degrees can obtain H-1B visas once they are offered employment by an American company. With luck, the company will sponsor the foreign worker for permanent residency. This is a long and involved process, and is the subject of another essay.

In conclusion, as foreign students and exchange visitors face increased scrutiny in their applications, the need for expert immigration assistance continues to grow. Attorneys need to understand the applicable laws and regulations, and also the hopes and needs of their clients. Careful visa preparation can save many days of waiting and possible denial. Therefore, foreign nationals must be sure to seek expert legal advise in preparing to study and do research in the United States.

About the author: Kathleen Lord-Black is a U.S. immigration lawyer.  Her offices are located in Vancouver, British Columbia. She has served as Immigration Consultant for the San Francisco Public Defenders Office, 2005 Chair of the Immigration Section of the Barristers Club of the Bar Association of San Francisco, and former Congressional liaison for U.S. Representative Farr. Ms. Lord-Black is an active member of the American Immigration Lawyers Association and the American Civil Liberties Union. Her articles regularly appear in the Bay Area Arabic-language newspaper, Alra’i Alarabi. Ms. Lord-Black can be reached via email at kathleen@kathleenlord.com; and by telephone at (360) 329-2436 (U.S.) and (604) 352-2006 (Canada) . www.immigration-etats-unis.com