FAIR Submits Public Comment in Support of Nonimmigrant Visa Reforms
Proposed DHS rule would curb abuse of student visas and other programs
WASHINGTON—Earlier this week, the Federation for American Immigration Reform (FAIR) submitted a public comment in support of the Department of Homeland Security’s (DHS) Notice of Proposed Rulemaking (NPRM), Establishing a Fixed Time Period of Admission and an Extension of Stay Procedure for Nonimmigrant Academic Students, Exchange Visitors, and Representatives of Foreign Information Media, which would make needed reforms to the nonimmigrant visa system. Under this rule, the F student visa, J exchange program visa, and I visa for foreign media employees would be issued for fixed admission periods, replacing the open-ended “duration of status” system. These changes would enable DHS to better track visa holders and ensure that they are in the United States only for the limited purposes for which they were admitted.
The nonimmigrant visa system provides visas for those seeking to come to the U.S. temporarily for business or leisure, to attend schools, play professional sports, carry out religious duties, or perform seasonal agricultural work, among other activities. The United States has a clear interest in keeping track of these individuals and ensuring that their actions while present in the country adhere to the stated purposes for which their visas were granted. While the majority of nonimmigrants are admitted for a specific period, F, J, and most I visa holders are admitted for a “duration of status” lasting so long as they are engaged in a particular activity. This distinction lacks a sound foundation and should be corrected.
As FAIR illustrates in its comment, a key factor driving illegal immigration is the number of visa overstays. Many foreign nationals who enter through the nonimmigrant visa system stay past their visas’ expiration dates. These nonimmigrant visas present unique opportunities for fraud and abuse, and recent growth in the F and J visa populations has led to accompanying rises in the number of individuals attempting to remain in the country well beyond the time needed to complete degree programs or exchange activities. The proposed rule also intersects with pressing national security concerns, as foreign students from China and other hostile nations have long been implicated in spying, intellectual property theft, and corporate espionage.
FAIR’s comment further underscores significant issues regarding the Optional Practical Training (OPT) program, which allows foreign students to work after their graduation. FAIR supports prohibiting student visa holders from pursuing employment following their graduation without being granted an employment-based visa. FAIR also supports the rescission of regulations authorizing employment for student visa holders outside of academic credit, internship-style programs undertaken as part of their degrees.
“The current system of allowing foreign students and other nonimmigrants to remain in the country indefinitely is unsustainable and fails to account for national security and other risks,” said Dale Wilcox, FAIR’s executive director and general counsel. “The nonimmigrant visa system must not continue to disregard the interests of American citizens.”
FAIR’s full public comment can be seen here.
