Immigration New Zealand believe the new rules will reduce the cost and hassle for over 60,000 students who will save a combined total of around NZ$17 million a year in medical fees. Opinions expressed by Forbes Contributors are their own. 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. All Rights Reserved, This is a BETA experience. 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. Educators, staff, and school/district leaders may not know how issues around immigration are affecting students or colleagues. 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. Navalny Detained In Russia: Problem Solved For Putin? Emma is a 27-year-old Chinese national who is pregnant and living with her husband in New York. 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. 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. 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. DHS may be missing many people due to inadequate systems or for other reasons, significant effect on training of international physicians. (See here.). 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 . 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. The student would be in jeopardy unless he or she leaves the country, according to USCIS. significant delays in U.S. Anderson: What are the chances the proposed rule will go into effect? I am the author of a non-fiction book called Immigration. (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. All Rights Reserved, This is a BETA experience. The SEVIS database, set up after 9/11, covers every single international student, and is run by ICE (Immigration and Customs Enforcement). This act repealed the quota system based on national origins that had been in place since 1921. Answer multiple-choice questions about the article. I write about globalization, business, technology and immigration. Date: 01/05/2021 Writer: Minerva Baumann, 575-646-7566, mbauma46@nmsu.edu Facebook Twitter LinkedIn Google+ Pinterest. (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. Second, OPT would be extended until April 1 of the following year if an H-1B petition is pending. Current events articles for teachers and students — Make sense of current events with free online resources for teachers. You may opt-out by. If a school believes that a student has the potential to succeed, DHS should not second guess. Current students can stay in the United States until their “program end date” listed on their I-20 form. “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. But There’s Still Hope. . Peter, 31, moved from China in 2014. Berger: It is hard to make predictions these days. 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 issues based in Arlington, Virginia. 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.. 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.”. What happens if a student files a timely application but USCIS fails to approve it in time? Stuart Anderson: Will the proposed regulation affect currently enrolled international students? Immigration is a hot topic in the U.S. today. © 2021 Forbes Media LLC. Berger: Currently, Optional Practical Training involves one application and one fee. The distinction is important. Immigration and Naturalization Act of 1965. Get Worksheet Know the News. For longer programs, a four-year maximum stay may not be long enough. Follow the latest Immigration news stories and headlines. Die to this reason, after Canada Germany gets the priority. Berger: One after another, DHS has announced policies that make it harder to study here. But that is based on the number of international students who have not left the United States. 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. The number of Indians obtaining permanent residence in Canada doubled between 2016 and 2019. U.S. A view of New York University (NYU). and stay in school while genuinely studying. I have published articles in the Wall Street Journal, New York Times, and other publications. Read the overview below to gain a balanced understanding of the issue and explore the previews of opinion articles that highlight many perspectives on immigration. Emanuel, 23, lives in Virginia and is from Morocco. “Compelling academic reasons” are not clearly defined, which means students cannot count on getting an extension. 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. It’s also possible that a different administration might pull back the regulation next year. When local police partnered with Immigration and Customs Enforcement to enforce immigration laws, the number of Hispanic students plummeted, a study finds. Educators and analysts blame higher costs in the United States and restrictive Trump administration immigration policies for recent declines in international student enrollment. The government will begin accepting application online from January 27-July 27, 2021. I fear international students will increasingly look elsewhere. Navalny Detained In Russia: Problem Solved For Putin? Anderson: Under the proposed rule what would be the process for a student to stay beyond the two- or four-year period allowed? Students may apply and find out months later that they cannot stay even if the school supports the extension. Berger: To me, the most important takeaway is that it is unnecessary. 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. 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. 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. ... Know the News. The proposed regulation has a complicated transition setup that students and their universities need to understand. ... About Student News Daily. 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. 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. 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”. International Students Canada videos and latest news articles; GlobalNews.ca your source for the latest news on International Students Canada . The SEVIS database, set up after 9/11, covers every single international student, and is run by ICE (Immigration and Customs Enforcement). Immigration and Customs Enforcement agents make an arrest in Ohio in June. 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. We are a non-profit current events website for high school students. I suspect DHS will say no to extending the comment period, and then issue the final regulation relatively quickly after receiving the comments. 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 . In Immigration, for kids, the forces behind these global movements of people are explored, as well as the different waves of immigrants that the U.S. has experienced since 1820. Berger: The student will have to file for an extension of status on Form I-539. In interviews, educators estimate extra costs incurred by international students could be $1,500 or more per extension. Daily News Article Posted every weekday. The proposed rule flips the assumption about how students are treated. 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. The immigration of Canada is thinking about to solve this problem. Anderson: How would the proposed rule affect a student applying for Optional Practical Training (OPT) or STEM (science, technology, engineering and math) OPT? In 1965, President Lyndon B. Johnson signed the 1965 Immigration and Naturalization Act, also known as the Hart-Celler Act. I write about globalization, business, technology and immigration. rule to limit the length of admission of international students. The new policy would raise costs higher for students and be much more restrictive than the status quo. 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. Immigration & The Border. Pressure has increased in D.C. to deal with border security and immigration policy, especially for those brought to this country as children. 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. Biden has also noted that he would seek to increase the annual cap on Green Cards which currently stands at 20,000. 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. That gives students less flexibility to plan the start of OPT based on how their job search is going. 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. 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. 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 issues based in Arlington, Virginia. New approvals also would be needed if academic programs take longer than anticipated. As for cost, DHS estimates a student could pay over $1,000 for each extension, depending on whether or not an attorney is hired. Given the significant delays in U.S. 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.). 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. 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. Like many universities, NYU would be affected by a proposed ... [+] rule to limit the length of admission of international students. More news . This was the most significant change to immigration policy in decades. Anderson: What should universities be most aware of in the regulation? Immigration Attorney Profile – Colin Singer is an experienced authority on all aspects of Canadian immigration. 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. 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. You may opt-out by. Posted processing times at the California Service Center are 7.5 to 10 months for F students to extend/change status. By Lauren Camera , … 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. There is an incredible range of educational opportunities in this country coupled with employers hoping to train foreign-born but U.S.-educated workers. . The “Statement of Need” for the rule to end duration of status reads: “The failure to provide certain categories of nonimmigrants with specific dates for their authorized periods of stay can cause confusion over how long they may lawfully remain in the United States and has complicated the efforts to reduce overstay rates for nonimmigrant students. DHS asserts it is trying to weed out students who are progressing slowly in their programs. That will avoid some OPT denials for filing late. The motivation, many suspect, is to limit or discourage more international students from coming to the United States, as evidenced by a series of policies the administration has put forward to restrict international students and employment-based immigration. NMSU student research outlines problems in private immigration detention facilities. The proposed rule affects J-1 exchange visas also and will have a significant effect on training of international physicians. The current rule allows opportunities to change majors, career plans, etc. New enrollment of international students at U.S. universities declined by more than 10% between the 2015-16 and 2018-2019 academic years. 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. The injunction was issued Wednesday by US Judge Emmet Sullivan minutes before an Immigration and Customs Enforcement (ICE) flight left for Guatemala City with the 33 children. 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). 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. Student News Daily Archives. 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. Citizenship and Immigration Services (USCIS) processing under its current workload, Canadian Bureau for International Education, number of Indians obtaining permanent residence in Canada doubled. The proposed rule is enforcement-oriented. The global movement of people from one country to another introduces complex questions for governments, citizens, and immigrants. Give your students the facts with these free middle school teaching resources. 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. 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. U.S. employers will lose a valuable, talented pool of international students if it becomes even more difficult to hire them. ; 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. DHS asserts that a significant number of international students stay after their studies, and become undocumented. As an example, another immigration category, the H-4, requires two forms and is quite slow (from 6 to 12 months or even longer). The proposed rule says that passing a class is “within the student’s control,” and failing classes is a reason to deny an extension. The new measure applies to all international students regardless of when their study permit was approved, or where they are from, IRCC says. I encourage others, especially affected colleges, universities and employers, to add their comments. 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. LAS CRUCES - Students involved in New Mexico State University’s Research Experience for Undergraduates program in 2020 were unable to do … The agency includes the following on a list of Q&As for an extension of stay: “What if I file for an extension of stay on time but USCIS doesn’t make a decision before my I–94 expires? View the latest US immigration news and coverage on refugees and international travel. 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). Seven Things Leaders Should Focus On In Lockdown During 2021. 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. 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. 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. 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. Immigration. Immigration and Naturalization Act of 1965. On a positive note, there are two small changes in the proposed rule. Given the significant delays in U.S. The new “cap-gap” will help avoid work stoppage between October 1 and the H-1B approval. Also, it is unclear whether employers hoping to hire international students will choose to wait for the OPT process to be complete. I have published articles in the Wall Street Journal, New York Times, and other publications. If the rule is finalized in 2020, colleges and universities may be forced into action to support their international students. After Canada the first priority of the students is Germany. ... where the 4,000-student district situated about 50 miles east of the ... Stay informed daily on the latest news … Bias Is Built Into Our Brains. In 1965, President Lyndon B. Johnson signed the 1965 Immigration and Naturalization Act, also known as the Hart-Celler Act. First, students will no longer have to file for Optional Practical Training within 30 days of when the international student office recommends/submits OPT. International students are among the most tightly regulated visa categories. Schools have specific requirements for adding updates. Some international students take time to polish their English, and adapt to a new culture and educational system. Anderson: Do you think the rule will discourage international students from coming to study in the United States? 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. “(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. 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.
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