That will avoid some OPT denials for filing late. significant delays in U.S. Emma is a 27-year-old Chinese national who is pregnant and living with her husband in New York. Follow the latest Immigration news stories and headlines. More news . International students from Nepal on the the Main Quad at Howard University in Washington, D.C. ... [+] (Photo by Marvin Joseph/The Washington Post via Getty Images). 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. Date: 01/05/2021 Writer: Minerva Baumann, 575-646-7566, mbauma46@nmsu.edu Facebook Twitter LinkedIn Google+ Pinterest. First, students will no longer have to file for Optional Practical Training within 30 days of when the international student office recommends/submits OPT. 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. I am the author of a non-fiction book called Immigration. 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. That gives students less flexibility to plan the start of OPT based on how their job search is going. 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. rule to limit the length of admission of international students. Die to this reason, after Canada Germany gets the priority. 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. What happens if a student files a timely application but USCIS fails to approve it in time? 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 . Seven Things Leaders Should Focus On In Lockdown During 2021. As for cost, DHS estimates a student could pay over $1,000 for each extension, depending on whether or not an attorney is hired. Indian students, for instance, who are pursuing PhDs or Master's degrees in STEM fields may also become exempt from immigration caps under Biden's policies. In interviews, educators estimate extra costs incurred by international students could be $1,500 or more per extension. There is not sufficient evidence to support the idea that international students need more regulation. Critics believe the rule will discourage international students from coming to America and rests on questionable assumptions and shaky data. You may opt-out by. The proposed rule will likely cause delays and uncertainty for students. Indian students contribute a substantial amount to the US economy by way of university fees each year. Overall, despite these two small pluses, the proposed rule will make it harder for students to work after graduation, and significantly more uncertain for the employers who want to hire them. 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. 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. 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. The distinction is important. 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. 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. Navalny Detained In Russia: Problem Solved For Putin? 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. Berger: To me, the most important takeaway is that it is unnecessary. DHS may be missing many people due to inadequate systems or for other reasons, significant effect on training of international physicians. ; Authorized by the Government of Canada – Colin Singer has been a licensed immigration lawyer in good standing with a Canadian Law Society for over 25+ years. When local police partnered with Immigration and Customs Enforcement to enforce immigration laws, the number of Hispanic students plummeted, a study finds. 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. 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. This was the most significant change to immigration policy in decades. (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. Discover your options to study in Canada. 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. Like many universities, NYU would be affected by a proposed ... [+] rule to limit the length of admission of international students. 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 will likely be an immediate court challenge, and the regulation may well be stopped by a judge. 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. I have published articles in the Wall Street Journal, New York Times, and other publications. The proposed rule is enforcement-oriented. As discussed previously, Department of Homeland Security reports include as “overstays” people who did not necessarily overstay a visa, but individuals who DHS could not confirm had departed 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. 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. Immigration is a hot topic in the U.S. today. This would be done through a new rule eliminating “duration of status,” which now allows a student, once admitted to America, to continue his or her studies until completion, without requiring additional approvals. Opinions expressed by Forbes Contributors are their own. Immigration and Naturalization Act of 1965. The next Trump administration action taken against high-skilled foreign nationals may be to limit the length of stay for international students after they are admitted to the United States. © 2021 Forbes Media LLC. Immigration & The Border. The clarity created by date-certain admissions will help reduce the overstay rate.”. The government will begin accepting application online from January 27-July 27, 2021. 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. . It’s also possible that a different administration might pull back the regulation next year. The student would be in jeopardy unless he or she leaves the country, according to USCIS. 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. Thousands more migrant kids separated from parents under Trump than previously reported ... Julia Ainsley is a correspondent covering the … U.S. Stuart Anderson: Will the proposed regulation affect currently enrolled international students? A view of New York University (NYU). Immigration and Customs Enforcement agents make an arrest in Ohio in June. 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. and stay in school while genuinely studying. Given the significant delays in U.S. Immigration. Seven Things Leaders Should Focus On In Lockdown During 2021. The proposed rule allows students to apply for OPT 120 days before graduation (it is 90 days now), which may help a bit with the delays. I write about globalization, business, technology and immigration. According to DHS, these countries currently include Afghanistan, Benin, Bhutan, Burkina Faso, Burma, Burundi, Cameroon, Cape Verde, Central African Republic, Chad, Congo-Brazzaville, Congo-Kinshasa, Côte d'Ivoire, Djibouti, Equatorial Guinea, Eritrea, Ethiopia, Gabon, the Gambia, Ghana, Guinea, Guinea-Bissau, Guyana, Haiti, Iraq, Kenya, Kosovo, Kyrgyzstan, Liberia, Libya, Malawi, Mali, Mauritania, Moldova, Mongolia, Nepal, Niger, Nigeria, Papua New Guinea, the Philippines, Rwanda, Samoa, Senegal, Sierra Leone, Somalia, South Sudan, Sudan, Syria, Tajikistan, Tanzania, Togo, Tonga, Turkmenistan, Tuvalu, Uganda, Uzbekistan, Vietnam, Yemen and Zambia.”. Various organizations are planning to submit comments, which are due by October 26. As an example of how slow I-539s can be, this past summer, some doctors graduating from U.S. medical schools who filed I-539s to start their residency training did not get an approval in time and started late (even with expedited requests based on the need for physicians during the pandemic). However, a student who leaves the United States will lose this transition status and must follow every part of the new policy. All Rights Reserved, This is a BETA experience. Current events articles for teachers and students — Make sense of current events with free online resources for teachers. . By Lauren Camera , … LAS CRUCES - Students involved in New Mexico State University’s Research Experience for Undergraduates program in 2020 were unable to do … Educators and analysts blame higher costs in the United States and restrictive Trump administration immigration policies for recent declines in international student enrollment. President Trump touts immigration crackdown in visit to border wall FOX News correspondent Casey Stegall has the details from Alamo, Texas on 'Special Report' Border wall 4 days ago Second, OPT would be extended until April 1 of the following year if an H-1B petition is pending. In Canada, the number of Indian international students rose from 76,075 in 2016 to 172,625 in 2018, an increase of 127%, according to the Canadian Bureau for International Education. The SEVIS database, set up after 9/11, covers every single international student, and is run by ICE (Immigration and Customs Enforcement). The proposed rule flips the assumption about how students are treated. Immigration Attorney Profile – Colin Singer is an experienced authority on all aspects of Canadian immigration. Peter, 31, moved from China in 2014. 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