Policy Implications of International Graduate Students and Postdoctoral Scholars in the United States (2005) / Chapter Skim
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2 Shaping the Flow of International Graduate Students and Postdoctoral Scholars: Visa and Immigration Policy
2 Shaping the Flow of International Graduate Students and Postdoctoral Scholars: Visa and Immigration Policy
Pages 66-87
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From page 66... ...
2 Shaping the Flow of International Graduate Students and Postdoctoral Scholars: Visa and Immigration Policy T he advancement of modern science and engineering (S&E) requires dynamic functioning of professional networks of colleagues, men tors, and students.
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From page 67... ...
The security environment in turn has had adverse implications for perceptions of the United States as a desirable destination for study and for international scientific gatherings. NONIMMIGRANT VISA POLICIES AND PROCEDURES The Immigration and Nationality Act has served as the primary body of law governing immigration and visa operations since 1952.2 It was amended by the Homeland Security Act of 2002, which created the Department of Homeland Security (DHS)
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From page 68... ...
1992 Chinese Student Provided eligibility for US Protection Act permanent residency to Chinese students and scholars studying in the United States in 1989, at the time of the Tiananmen Square uprising. 1994 Foreign Holds consular officials liable if Relations Security Act terrorists obtain a visa 1996 Illegal Defines criminal penalties Immigration Reform for consular misconduct; and Immigrant created Coordinated Responsibility Act Interagency Partnerships Regulating International Students (CIPRIS)
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From page 69... ...
on DHS And Visa Entry Mandated increased requirements Reform Act (BSA) for US-VISIT program integration, interoperability with other law enforcement and intelligence systems, biometrics, and accessibility VISAS Condor Security screen for nationals of Implemented US-designated state sponsor of January 2002 terrorism BSA §306 Biometric Visa Program All visa applicants must have Began implementation personal interview with consular September 2003 official, scan fingerprints, BSA §303 and submit a photograph Machine-Readable All VWP countries must Passports (MRPs)
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From page 70... ...
Most international graduate students and postdoctoral scholars who visit the United States do so using temporary nonimmigrant visas that cover educa
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From page 71... ...
] a Immigration Classifications and Visa Categories, Bureau of Citizenship and Immigra tion Services, US Department of Homeland Security.
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Currency exchange rates have had a substantial impact on stipends, cost of living, and travel expenses for international students. A steep decline in visa issuances began in 2001, and continued 5Office of Immigration Statistics, "Table 24.
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From page 73... ...
Schedule interview with US embassy or consulate in home country; wait times depend on consular post; student and scholar visas get priority over other NIVs; pay nonrefundable visa application fee ($100) INTERVIEW Biometrics taken (fingerprints, provide 2x2 photograph)
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From page 74... ...
and enhanced Visas Mantis security screening led to closer scrutiny and longer times for visa processing. The effects of the increased security were felt keenly by newly accepted and continuing students, who with university researchers and administrators expressed dismay at the new degree of difficulty in obtaining 6 US Department of State, Immigrant Visa Control and Reporting Division, 1998-2003.
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From page 75... ...
120 S America 100 N America 80 Africa Issuances 60 40 Oceania J-Visa 20 0 1966 1969 1972 1975 1978 1981 1984 1987 1990 1993 1996 1999 2002 Fiscal Year FIGURE 2-3 Visa issuance volumes by region for F and J classes, 1966-2003. SOURCES: Data provided by US Department of State and are from its annual publication, Report of the Visa Office, published by the Bureau of Consular Affairs.
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76 POLICY IMPLICATIONS OF INTERNATIONAL STUDENTS AND SCHOLARS A F1 Visas 350,000 30 Issued 300,000 25 Rate 250,000 Refusals 20 Overcome 200,000 Workload 15 Refusal 150,000 Total Visa 10 Refused 100,000 Adjusted 50,000 5 Adjusted Refusal 0 0 1999 2000 2001 2002 2003 2004 Rate Fiscal Year B J1 Visas 350,000 30 Issued 300,000 25 250,000 Rate Refusals 20 Overcome 200,000 15 Workload 150,000 Refusal Total 10 Visa Refused 100,000 50,000 5 Adjusted Adjusted Refusal 0 0 Rate 1999 2000 2001 2002 2003 2004 Fiscal Year FIGURE 2-4 Visa workloads and refusals: student and exchange visitors. SOURCE: Data provided by US Department of State and available in its annual publication Report of the Visa Office, published by the Bureau of Consular Affairs.
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From page 77... ...
Mandated by the Immigration Reform and Immigrant Responsibility Act of 1996, SEVIS 7See, among many examples: "A visa system tangled in red tape and misconceived security rules is hurting America," The Economist, May 6, 2004; "Statement and recommendations on visa problems harming America's scientific, economic, and security interests," signed by 22 scientific, engineering, and academic leaders, The Chronicle of Higher Education, February 11, 2004; Caroline Alphonso.
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From page 78... ...
2005. Border Security: Streamlined Visas Mantis Program Has Lowered Burden on Foreign Science Students and Scholars, but Further Refinements Needed (GAO-05-198)
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From page 79... ...
Clearances for F visas are valid for up to 4 years unless the student changes academic positions. H, J, and L clearances are valid for up to 2 years unless the visa holder's activity in the United States changes.20 In 2002, a new antiterrorist screening process called Visas Condor was added for nationals of US-designated state sponsors of terrorism.21 That 17The Visa Mantis program was established in 1998 and applies to all nonimmigrant visa categories, including student (F)
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From page 80... ...
addition initially overloaded the SAO interagency process and slowed Mantis clearances, drawing criticism and calls for improvement.22 The problem of extended waiting times for clearance of nonimmigrant visas flagged by Mantis has for the most part been addressed successfully. 23 In the last year, the proportion of Visas Mantis visitors cleared within 30 days has risen substantially (see Figure 2-5)
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From page 81... ...
Reciprocity agreements differ by country and for each class of visa and may include application fees, restrictions on the number of times a person may enter a country on a visa, or the duration of visa validity.24 For example, a 6-month validity period for F-1 and J-1 visa classes for Chinese citizens means that each time visa holders leave the United States, to return they must reapply for a visa. The 12-month validity period for F-class visas for Russian students can also be problematic.25 It is promising that China and the United States have agreed to reciprocally extend the visa validity for tourist and business travelers to 12 months and multiple entries.26 An analysis of the visa issuance and admissions data from countries with limited-entry visas for students indicates that J-visa holders, who tend to have multiyear multiple-entry visas, take fewer trips per year out of the United States than do F-visa holders (see Figure 2-6)
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From page 82... ...
visas are issued for private sector (foreign physician, au pair, camp counselor, summer work/travel, and trainee) and government program (student-college/university, student-secondary, professor, research scholar, short-term scholar, specialist, teacher, government visitor, and international visitor)
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From page 83... ...
260 of the residing scholars indicated whether they had traveled abroad in 2003: 121 had not traveled outside the United States, 136 had, and 3 or fewer preferred not to answer. 135 out of the 136 scholars who had traveled outside the United States indicated whether they had had any problems re-entering the United States.
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From page 84... ...
The ability to interact freely with and educate international students is preserved by the exemptions granted to universities for fundamental research and educational purposes; however, how these policies are interpreted can affect the ability to interact with students, postdoctoral scholars, and colleagues from other countries. The situation is causing immense frustration and is a subject of current discussion.31 27Export of military hardware and technical data is controlled by the International Traffic in Arms Regulations (ITAR, see http://pmdtc.org/reference.htm)
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From page 85... ...
The administration has responded to academic and industry leaders and added staff for visa processing and clearances.33 DOS has worked to expedite processing of F and J visas at consular posts and embassies.34 A survey of wait times posted on the DOS Web site indicates that student-visa applicants have a much shorter wait time than other nonimmigrant-visa applicants.35 DOS has also worked to reduce the time in which an SAO is issued and has extended the SAO validity period.36 DHS has implemented SEVIS and has just rolled out US-VISIT, another program that may help to provide consular officials independent verification of applicant identity. Universities have increased their efforts to facilitate the immigration and enrollment of graduate students by setting earlier application deadlines, sending earlier notification, offering counseling, and making better use of communication technologies.37 32 G
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From page 86... ...
Data collected through SEVIS could be very helpful to researchers interested in international student flows, but they too are limited because the data begin in 2003, do not differentiate graduate students from postdoctoral scholars, and do not identify postdoctoral scholars who travel to the United States on H-1b or other nonimmigrant visas. Little attention has been paid to the plight of graduate students and postdoctoral scholars who wish to attend a scientific meeting in the United States or who are invited to the United States for short-term research collaboration (weeks to a few months)
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From page 87... ...
However, the inflow of talented graduate students and postdoctoral scholars is unlikely to be severely affected as long as the world sees the United States as the most desirable destination for S&E education, training, and technology-based employment. If that perception shifts, and if international students find equally attractive educational and professional opportunities in other countries, including their own, the difficulty of visiting the United States could gain decisive importance.
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