 "India leads in US student visa overstays: 7000 exceeded visa limits in 2023")
In 2023, 20% of student and exchange visitor visa holders from 32 countries overstayed their visas in the United States. Among these, Brazil, China, Colombia, and India saw the highest number of overstays, with India reporting the largest share at 7,000 individuals, according to US immigration expert Jessica M. Vaughan.
Vaughan, from the Center for Immigration Studies, presented these figures during a hearing on “Restoring Immigration Enforcement in America” before the US House Committee on the Judiciary. She has urged US lawmakers to consider significant reforms to the country’s immigration policies, particularly concerning the H-1B visa program.
Vaughan highlighted that the F and M visa categories, which allow foreign students to study in the U.S., have the highest overstay rates among temporary admission categories. The F-1 visa permits entry for full-time students at accredited institutions, while the M-1 visa is designated for vocational and non-academic programs.
Vaughan recommended that visa issuance policies be revised to strengthen interior enforcement and ensure that student visa applicants demonstrate a clear intent to return to their home countries after completing their studies.
One such recommendation is to revise the concept of "dual intent" for student visa applicants. Currently, applicants can demonstrate the intent to study while also expressing interest in staying in the U.S. post-graduation. However, critics argue that this policy should be modified, requiring applicants to prove they intend to return to their home country after completing their studies.
Key Findings on Visa Overstays:
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- Overstay rates for F-1 and M-1 visa holders were reported as the highest among all categories of temporary admissions.
- Countries like Brazil, China, Colombia, and India recorded over 2,000 overstay cases each, with India leading at 7,000.
- A total of 32 countries showed student/exchange visitor overstay rates exceeding 20%.
A major area of concern is the Optional Practical Training (OPT) and Curricular Practical Training (CPT) programs, which allow foreign students to work in the U.S. after completing their studies. Although not originally authorized by Congress, these programs have grown into a significant part of the U.S. workforce, with an estimated 540,000 former students working under OPT and CPT without adequate oversight. Critics argue that these programs are vulnerable to fraud, including the exploitation of students by diploma mills and fake schools offering bogus training programs. In addition, Vaughan recommended that Congress must impose stricter standards for credentialing schools before they are allowed to issue I-20 forms to visa applicants. Schools with high rates of overstays should lose their eligibility to issue I-20s.
In addition to reforms for student visas, the U.S. is also facing challenges with its temporary work visa programs.Vaughan argued that these programs distort the labor market, often displacing American workers. One solution proposed is to restrict staffing companies from sponsoring foreign workers, as they are seen to be taking advantage of lower-wage labor and engaging in illegal practices, such as charging workers recruitment fees.
Vaughan emphasized that the total number of H-1B visas should not exceed 75,000 annually, including those for non-profit and research sectors. She suggested that if demand exceeds supply, visas should be allocated based on employer salary levels to prioritize higher-skilled workers.
Furthermore, calls have been made to limit H-1B visas for specialty occupations to a maximum of two years, with the possibility of extending to four years, and to restrict these visas to the highest-paying employers. This would ensure that visas are granted to the highest-skilled workers and reduce the potential for abuse.
The H-2A and H-2B visa programs, which grant temporary visas for agricultural and seasonal workers, are also facing scrutiny. Proposals include requiring agricultural workers to spend at least 180 days in their home country before returning and eliminating visas for dependent family members. Similarly, the H-2B program, designed for unskilled labor, could see restrictions limiting the duration of stay and renewal periods.
Finally, the J visa program, often used for cultural exchange visitors, has also being criticized. While intended to foster cultural diplomacy, the program has largely evolved into a work visa program with limited cultural exchange value. Many of these visa holders are using the program to gain employment rather than to engage in meaningful cultural exchange with Americans.
Vaughan argued against the notion of a labour shortage in the U.S., citing millions of working-age Americans who have exited the labour market. She pointed to over two million U.S. STEM degree holders who are unemployed or not working in their field, indicating a need to focus on domestic talent before turning to foreign labor.
In her testimony, Vaughan emphasized the need for stricter visa issuance policies, enhanced enforcement, and legislative changes to protect US workers and ensure compliance with visa regulations.