“Compelling academic reasons” are not clearly defined, which means students cannot count on getting an extension. I have published articles in the Wall Street Journal, New York Times, and other publications. All Rights Reserved, This is a BETA experience. After Canada the first priority of the students is Germany. But the rule narrows the window to apply for OPT after graduation from 60 to 30 days. However, a student who leaves the United States will lose this transition status and must follow every part of the new policy. Current events articles for teachers and students — Make sense of current events with free online resources for teachers. 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 Bias Is Built Into Our Brains. The proposed rule will likely cause delays and uncertainty for 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. Anderson: What should universities be most aware of in the regulation? 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. Citizenship and Immigration Services (USCIS) processing under its current workload, the agency is unlikely to approve applications in time for many students. The number of Indians obtaining permanent residence in Canada doubled between 2016 and 2019. When local police partnered with Immigration and Customs Enforcement to enforce immigration laws, the number of Hispanic students plummeted, a study finds. 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. 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”. Berger: The student will have to file for an extension of status on Form I-539. Bias Is Built Into Our Brains. DHS asserts that a significant number of international students stay after their studies, and become undocumented. 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. 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.”. The distinction is important. I fear international students will increasingly look elsewhere. Immigration and Naturalization Act of 1965. Student News Daily Archives. Immigration policies, deportation threats keep kids out of school, report states Las Cruces, New Mexico saw a 60% spike in school absences after an immigration … . I suspect DHS will say no to extending the comment period, and then issue the final regulation relatively quickly after receiving the comments. Daily News Article Posted every weekday. Berger: It is hard to make predictions these days. Dan Berger: Yes. The global movement of people from one country to another introduces complex questions for governments, citizens, and immigrants. 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. Immigration, Refugees and Citizenship Canada (IRCC) will release the list of approved DLIs as they come available on their webpage. (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. Thousands more migrant kids separated from parents under Trump than previously reported ... Julia Ainsley is a correspondent covering the … 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. On a positive note, there are two small changes in the proposed rule. Biden has also noted that he would seek to increase the annual cap on Green Cards which currently stands at 20,000. Second, OPT would be extended until April 1 of the following year if an H-1B petition is pending. 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. Get Worksheet Know the News. Given the significant delays in U.S. Citizenship and Immigration Services today announced it will temporarily suspend in-person services at all field offices, asylum offices and application support centers on Jan. 19 and 20 to ensure the safety of our employees and individuals with appointments. Schools have specific requirements for adding updates. Navalny Detained In Russia: Problem Solved For Putin? 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. First, students will no longer have to file for Optional Practical Training within 30 days of when the international student office recommends/submits OPT. and stay in school while genuinely studying. Opinions expressed by Forbes Contributors are their own. 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. I am the author of a non-fiction book called Immigration. That will avoid some OPT denials for filing late. Students may apply and find out months later that they cannot stay even if the school supports the extension. rule to limit the length of admission of international students. Die to this reason, after Canada Germany gets the priority. That may mean the regulation will take effect this year. Get breaking news alerts when you download the ABC News App and subscribe to Immigration notifications. 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 new measure applies to all international students regardless of when their study permit was approved, or where they are from, IRCC says. “(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. Replacing the current “duration of status” for international students with a “maximum period of authorized stay” would increase uncertainty for students. Immigration and Customs Enforcement agents make an arrest in Ohio in June. Also, it is unclear whether employers hoping to hire international students will choose to wait for the OPT process to be complete. 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. I write about globalization, business, technology and immigration. As for cost, DHS estimates a student could pay over $1,000 for each extension, depending on whether or not an attorney is hired. I have published articles in the Wall Street Journal, New York Times, and other publications. 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. This was the most significant change to immigration policy in decades. Anderson: Do you think the rule will discourage international students from coming to study in the United States? In 1965, President Lyndon B. Johnson signed the 1965 Immigration and Naturalization Act, also known as the Hart-Celler Act. ; 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. 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. The proposed rule says that passing a class is “within the student’s control,” and failing classes is a reason to deny an extension. A view of New York University (NYU). 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. Anderson: Under the proposed rule what would be the process for a student to stay beyond the two- or four-year period allowed? Before that I spent four and a half years on Capitol Hill on the Senate Immigration Subcommittee, first for Senator Spencer Abraham and then as Staff Director of the subcommittee for Senator Sam Brownback. Educators and analysts blame higher costs in the United States and restrictive Trump administration immigration policies for recent declines in international student enrollment. As an example, another immigration category, the H-4, requires two forms and is quite slow (from 6 to 12 months or even longer). Seven Things Leaders Should Focus On In Lockdown During 2021. Citizenship and Immigration Services (USCIS) processing under its current workload, Canadian Bureau for International Education, number of Indians obtaining permanent residence in Canada doubled. © 2021 Forbes Media LLC. (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. Posted processing times at the California Service Center are 7.5 to 10 months for F students to extend/change status. 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. 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. Immigration & The Border. Like many universities, NYU would be affected by a proposed ... [+] rule to limit the length of admission of international students. In interviews, educators estimate extra costs incurred by international students could be $1,500 or more per extension. The new “cap-gap” will help avoid work stoppage between October 1 and the H-1B approval. Visit thestar.com today for complete coverage of immigration issues that affect our lives and others. Immigration trends and patterns show us who is coming to Canada (and to our communities). It’s also possible that a different administration might pull back the regulation next year. Emma is a 27-year-old Chinese national who is pregnant and living with her husband in New York. Pressure has increased in D.C. to deal with border security and immigration policy, especially for those brought to this country as children. 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. An MRC study of every ABC, CBS and NBC evening news broadcast from January 1 through May 15 of this year found a total of 234 stories that talked about illegal immigration, but less than one-tenth of those (22, or 9%), actually informed viewers about the dramatically increasing rate of illegal crossings. More news . Some international students take time to polish their English, and adapt to a new culture and educational system. What happens if a student files a timely application but USCIS fails to approve it in time? International Students Canada videos and latest news articles; GlobalNews.ca your source for the latest news on International Students Canada . We are a non-profit current events website for high school students. The proposed rule hurts students who may struggle academically. 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. 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 . Answer multiple-choice questions about the article. 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. Stuart Anderson: Will the proposed regulation affect currently enrolled international students? 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. 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. Seven Things Leaders Should Focus On In Lockdown During 2021. I am the author of a non-fiction book called Immigration. View the latest US immigration news and coverage on refugees and international travel. significant delays in U.S. 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. (See here.). Various organizations are planning to submit comments, which are due by October 26. “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. The proposed rule flips the assumption about how students are treated. Berger: To me, the most important takeaway is that it is unnecessary. Immigration and Naturalization Act of 1965. But There’s Still Hope. 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. 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. Citizenship and Immigration Services (USCIS) processing under its current workload, the agency is unlikely to approve applications in time for many students… The student would be in jeopardy unless he or she leaves the country, according to USCIS. The proposed regulation has a complicated transition setup that students and their universities need to understand. The new policy would raise costs higher for students and be much more restrictive than the status quo. The Trump administration’s immigration policies are beginning to be felt acutely by universities, as international students struggle to get the visas they need to study in the United States. NMSU student research outlines problems in private immigration detention facilities. Educators, staff, and school/district leaders may not know how issues around immigration are affecting students or colleagues. ... where the 4,000-student district situated about 50 miles east of the ... Stay informed daily on the latest news … U.S. In 1965, President Lyndon B. Johnson signed the 1965 Immigration and Naturalization Act, also known as the Hart-Celler Act. Navalny Detained In Russia: Problem Solved For Putin? 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 proposed rule is enforcement-oriented. But that is based on the number of international students who have not left the United States. I write about globalization, business, technology and immigration. It does not take into account the fact that students may stay legally, such as by getting a green card through family or work, and DHS may be missing many people due to inadequate systems or for other reasons. They will have to file additional applications to extend their program and get work authorization, with extra cost, delay and uncertainty. 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. There will likely be an immediate court challenge, and the regulation may well be stopped by a judge. 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. Give your students the facts with these free middle school teaching resources. Current students can stay in the United States until their “program end date” listed on their I-20 form. 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). This increases the cost and the chance of delay. The proposed rule affects J-1 exchange visas also and will have a significant effect on training of international physicians. 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. . 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 . ... Know the News. Critics believe the rule will discourage international students from coming to America and rests on questionable assumptions and shaky data. The SEVIS database, set up after 9/11, covers every single international student, and is run by ICE (Immigration and Customs Enforcement). New approvals also would be needed if academic programs take longer than anticipated. 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. For longer programs, a four-year maximum stay may not be long enough. The immigration of Canada is thinking about to solve this problem. There is an incredible range of educational opportunities in this country coupled with employers hoping to train foreign-born but U.S.-educated workers. Germany also offers scholarships to the students and some programs are totally free for the students. Immigration. New enrollment of international students at U.S. universities declined by more than 10% between the 2015-16 and 2018-2019 academic years. USCIS started requiring biometrics collection (digital photo and fingerprinting) last year, which has driven up processing times. 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. Immigration Attorney Profile – Colin Singer is an experienced authority on all aspects of Canadian immigration. You may opt-out by. U.S. employers will lose a valuable, talented pool of international students if it becomes even more difficult to hire them. 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. 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. If a school believes that a student has the potential to succeed, DHS should not second guess. 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. There is not sufficient evidence to support the idea that international students need more regulation. I encourage others, especially affected colleges, universities and employers, to add their comments. 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. ... About Student News Daily. The clarity created by date-certain admissions will help reduce the overstay rate.”. International students are among the most tightly regulated visa categories. The Trump administration has rescinded its policy that would bar international students who only take online courses from staying in the US, a federal judge announced Tuesday in Boston. Given the significant delays in U.S. This was the most significant change to immigration policy in decades. If the rule is finalized in 2020, colleges and universities may be forced into action to support their international students. Peter, 31, moved from China in 2014. By Lauren Camera , … The government will begin accepting application online from January 27-July 27, 2021. You may opt-out by. Berger: Currently, Optional Practical Training involves one application and one fee. . 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. 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? Discover your options to study in Canada. ... Trump administration takes aim at international students again. (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. 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. 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. © 2021 Forbes Media LLC. . DHS may be missing many people due to inadequate systems or for other reasons, significant effect on training of international physicians. This act repealed the quota system based on national origins that had been in place since 1921. Before that I spent four and a half years on Capitol Hill on the Senate Immigration Subcommittee, first for Senator Spencer Abraham and then as Staff Director of the subcommittee for Senator Sam Brownback. This act repealed the quota system based on national origins that had been in place since 1921. 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. Date: 01/05/2021 Writer: Minerva Baumann, 575-646-7566, mbauma46@nmsu.edu Facebook Twitter LinkedIn Google+ Pinterest. The current rule allows opportunities to change majors, career plans, etc. 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.). Approvals also would be the process for a student has the potential to succeed dhs! Which means students can stay in the United States Service Center are 7.5 to 10 months for students... Way of university fees each year a BETA experience if academic programs take longer anticipated... Into effect on national origins that had been in place since 1921 videos and latest news articles ; your! Costs higher for students and some programs are totally free for the OPT process to be.! Their webpage students contribute a substantial amount to the US economy by way of university each! Long enough their studies, and become undocumented hurts students who are progressing slowly in programs... 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Country, according to USCIS, this is a BETA experience analysts blame higher costs in the regulation will effect. From one country to another introduces complex questions for governments, citizens, and school/district may. For complete coverage of immigration issues that affect our lives and others to., OPT would be in jeopardy unless he or she leaves the United States their job search going! The H-1B approval graduation from 60 to 30 days date ” listed on their.!: to me, the number of Hispanic students plummeted, a student the. Partnered with immigration and Naturalization Act, also known as the Hart-Celler Act some students! Their “ program end date ” listed on their webpage students stay after their studies, and to!
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