7,000 Indian Students Lead US Visa Overstays in 2023, Experts Call for Immigration Reforms

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In 2023, India took the lead in student visa overstays in the United States, with approximately 7,000 individuals exceeding their visa limits, according to U.S. immigration expert Jessica M. Vaughan. Vaughan, representing the Center for Immigration Studies, presented the findings during a recent hearing before the U.S. House Judiciary Committee focused on immigration enforcement.

Among 32 countries where student and exchange visitor visa holders were involved in overstays, India, Brazil, China, and Colombia recorded the highest numbers. Vaughan highlighted that India’s share stood out, marking a growing concern in the F and M visa categories—often used by students in academic and vocational programs—representing the highest overstay rates across all temporary visa types.

In her testimony, Vaughan suggested the H-1B visa program, which allows U.S. employers to hire foreign workers in specialized occupations, should undergo significant reforms. India has long been the largest recipient of these visas, particularly in sectors like IT, engineering, and healthcare. Vaughan stressed that Congress should focus on enforcing stronger policies to prevent further overstays and prioritize higher-skilled workers.

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One of the key concerns raised during the hearing was the Optional Practical Training (OPT) and Curricular Practical Training (CPT) programs, which allow foreign students to work in the U.S. after graduation. Although these programs were not originally authorized by Congress, they have evolved into a significant part of the U.S. workforce. However, they have come under scrutiny for lacking oversight, which critics argue opens the door for fraud, including exploitation by fake educational institutions.

Reform Recommendations and Visa Policy Adjustments

Vaughan urged that changes be made to U.S. visa issuance policies to ensure that applicants for student visas, particularly from high-risk countries like India, clearly demonstrate intent to return home after completing their studies. She also proposed rethinking the concept of dual intent, which currently allows students to express interest in staying in the U.S. after graduation. According to Vaughan, this policy should be revised to ensure applicants show clear intentions to return to their home countries after their studies.

Further reforms recommended by Vaughan include tightening the H-1B visa program, with proposals to limit the number of these visas to 75,000 per year and to allocate them based on employer salary levels, thus prioritizing higher-paid, highly skilled workers. These changes would aim to reduce potential abuses of the system, ensuring that U.S. labor markets remain strong and that foreign workers don’t displace American employees.

Additionally, concerns about the H-2A and H-2B visa programs, which are used for agricultural and seasonal workers, have been raised. Proposals are in place to restrict these programs further by limiting the duration of stay for workers and requiring them to spend extended periods in their home countries before returning. There is also growing criticism of the J visa program, initially designed for cultural exchange, which many argue is now more about facilitating employment than fostering genuine cultural diplomacy.

Impact on Indian Students and U.S. Immigration

The report indicates that Indian students make up a substantial portion of international students in the U.S., with over 337,000 students enrolled in U.S. institutions. However, with 7,000 students overstaying their visas, concerns about misuse of the student visa system are intensifying. Immigration experts urge that measures be implemented to ensure that U.S. institutions are not issuing visas to individuals who don’t intend to comply with visa terms. This would include stricter credentialing standards for schools and potential penalties for those with high overstay rates.

As India’s role in the U.S. visa programs grows, these figures shed light on the broader concerns around overstays and potential misuse of student visas. While Canada remains the top destination for Indian students, with 427,000 enrolled, the U.S. continues to be a major destination, and these findings underscore the need for policy revisions to balance the interests of students and national immigration security.

The U.S. government has already begun making adjustments, particularly with the H-1B visa program, where streamlined processes and additional transparency measures will be implemented by January 2025. Whether these changes will significantly curb overstays and improve enforcement remains to be seen, but it is clear that immigration reform is at the forefront of the U.S. policy agenda.

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