Many international students come to the United States for an undergraduate or graduate degree. And then happily go home to their friends and family. In fact, obtaining a student visa is contingent on demonstrating a true intent to return abroad at the conclusion of one’s studies. However, inevitably, some students change plans after living in the United States for a while. And decide to work or relocate here. While this may seem like a simple process, under current immigration law it is extremely difficult for many foreign students to remain in the U.S. for more than a year after graduation.

There are two main obstacles:

First, there is a durational limit of 6 years in the H-b visa category. The temporary classification is appropriate for most foreign professionals and college graduates. Also, H-1b employees are considered “out of status” as soon as they are terminated or leave their jobs without new, sponsored employment. And many workers in this situation have to leave the United States.

Second, obtaining legal permanent residence (a green card) is no easy feat. Although students from India or China may outnumber those from Turkey or Ghana by the thousands. Even the hundreds of thousands. Each country is allotted the same number of immigrant visas. Thus, under current processing times, an H-1b visa holder from India with a master’s degree in computer science will not be eligible to file her application for a green card until 9 years after her employer initiates the process. This lengthy waiting period, coupled with the difficulty of remaining in valid H-1b or other temporary status in the interim, compels many foreign students to contribute their intellectual capital to economies abroad.

As President Obama stated in a January address on immigration, “Right now, there are brilliant students from all over the world sitting in classrooms at our top universities. They’re earning degrees in the fields of the future, like engineering and computer science. But once they finish school, once they earn that diploma, there’s a good chance they’ll have to leave our country.”

In recent years, Congress has failed to act on proposals to counteract this situation. 2013 may be different. A bipartisan group of Senators laid out a comprehensive immigration reform package alongside President Obama’s principles of reform.  What has changed? Republicans acknowledge the need for Latino support at the polls. Business and labor leaders are looking for common ground.  Employers and political leaders recognize the economic benefits of streamlining immigration procedures to retain foreign talent in the U.S., particularly graduates in the science, technology, engineering and math (“STEM”) fields. Without such measures, the U.S. risks a “reverse brain drain” or talent outflow.

Many current proposals will affect international students studying in the U.S. The Senate framework would award a green card to immigrants who earn U.S. graduate degrees in STEM fields, a measure the President supports. Some senators have introduced the Immigration Innovation Act of 2013. Which proposes to raise the cap on H-1b visas from 65,000 to 115,000 as well as remove the quota on visas for science and technology workers with advanced degrees. Such programs can co-exist with measures to increase the effectiveness of STEM education in the U.S. for all. The Senate blueprint also envisions reducing backlogs in family and employment-based visa categories, which will reduce uncertainty and allow more mobility in the workplace.

On the theory that immigration reform can spur economic progress and provide jobs, rather than reduce the number of jobs available to Americans, which some opponents fear, President Obama has proposed increasing visa numbers. Creating “start-up” visas for entrepreneurs, and creating a new visa category for highly skilled immigrants to work in federal laboratories on national security programs if they pass a background check.

Sometimes international students are unable to remain in the United States because of immigration-related family issues. Currently, the foreign spouse of a U.S. citizen cannot obtain a green card based on a same-sex marriage. President Obama has indicated his willingness to allow such benefits. Many H-1b visa holders opt to leave the United States because their foreign spouses, in H-4 status, cannot work here. (See Matt Richtel, Tech Recruiting Clashes with Immigration Rules, N.Y. Times, Apr.12, 2009.)Therefore, the United States Citizenship and Immigration Service (USCIS) proposes changing its rules to permit some of these spouses (H-4) to seek employment.

The DREAM Act might be enacted as part of comprehensive immigration reform or as a separate measure. This legislation would offer a path to citizenship for undocumented immigrants who were brought to the United States as children. Contingent on a clean record, graduation from high school in the U.S., and attendance in college or military service. The Obama administration’s current “Deferred Action” program. Or DACA, does benefit some undocumented students who want to attend college. But does not provide a permanent path to residence at this time.

In sum, international students applying for admission to a U.S. college, or currently here on a student or temporary visa, should continue to watch and read the news to learn about developments in the immigration field or consult a qualified attorney for more information.

Laurie Woog
The Woog Law Office, LLC
Practice Devoted to Immigration and Naturalization Law
www.wooglaw.com
 
Blog post brought to you by:
Andrea Aronson
College Admissions Specialist 
Westfield, NJ

The post International Student Immigration Issues #8: The Latest Immigration Proposals Explained first appeared on College Admission Counseling.

Here is a list of some of the most important things to remember while you study in the United States so that you don’t find yourself faced with a violation of the F-1 regulations:

• Make sure that your data is always current in the SEVIS system. What is SEVIS? SEVIS stands for the Student and Exchange Visitor Information System, a database maintained by the U.S. government that holds information on all international students in the United States, including their addresses, school programs, work authorizations, and other data. While the school’s Designated Student Officer (DSO) is responsible for entering information into the SEVIS system. To keep your record in order, you are responsible for getting that information to the DSO.
• Always have a current paper copy of your I-20.  An I-20 is a SEVIS-generated document issued by your school which contains your personal, financial and academic information, and is signed by you and the DSO.
• Do NOT engage in employment off-campus without proper authorization. F-1 Visa students are not allowed to work, except in very limited circumstances. (We’ll explore this topic in more detail in a future blog post.)
• Maintain a full course load; “full-time” means 12 credit hours for undergraduates and 9 credit hours for graduates during the entire fall and spring semesters.
• Keep your school and USCIS informed of any address changes. International students must report any change of address within 10 days. Since some students move frequently, it is easy to forget this rule, but it is very important. There is no reason to risk an interruption or premature conclusion to your studies in the U.S. because you forgot to tell USCIS you moved into a new apartment.

Before going overseas, always make sure you are allowed to travel and that you have proper documentation to return to the U.S. Remember to check with your DSO about travel regulations, particularly during the summer. You must carry an original I-20 with a recent travel signature, and a passport valid for at least 6 months. The F-1 visa in your passport must be valid. If not, you will need to make an appointment to apply for a new F-1 Visa if you are still eligible.

When travelling, you should also carry the following:

The post International Student Immigration Issues #4: Maintaining the F-1 Visa While Studying In the United States first appeared on College Admission Counseling.

Here are some of the questions we encounter most often from international students.

Q. What is the “presumption of immigrant intent” that I keep hearing about?

A. This means that the United States government, and therefore the embassy or consular staff, assumes that every visa applicant wants to stay in the U.S. permanently. Even if you are applying for a temporary visa, you must prove that you intend to return home after your authorized period of stay concludes. See our previous blog about the type of proof you will need to show this intent.

Q. How long will it take for me to obtain my visa?

A. There are various factors that affect the waiting process, such as an applicant’s country of origin, age, name, marital status or field of study. For example, applicants who study or have worked in sensitive areas may be subject to extended security checks. Some of these fields include munitions; nuclear technology; rocket systems; chemical, biotechnology and biomedical engineering; advanced computer/ microelectronic technology; information security; sensor technology; etc. To allow time to overcome any unforeseen problems that might arise, students are encouraged to apply for their visas several weeks before they plan to travel, or more, depending on the country.

Q. Can I bring my wife and child with me to the U.S. while I am on a student visa?

A. Yes, you may bring dependents. They will need visa interviews as well and should receive F-2 visas. You should make sure you have proof of your relationship to your spouse and/or children such as marriage and birth certificates, family registers, etc. It is best for families to apply for their visas at the same time. However, if your spouse and children must apply later, they should bring a copy of your passport and visa, along with all other required documents. F-2 visa holders are not allowed to work in the U.S.

Q. What if my application for a visa is denied? What can I do?

A. Consular officials have a great deal of discretion to approve or deny a visa. Their decisions are not normally subject to review or appeal. However, it may be possible to ask the chief of the consulate to reconsider the decision, or to ask for an advisory opinion at the Department of State in Washington, D.C. on a legal issue. If your visa application is denied, you may want to consult an attorney for assistance in describing all the facts of the case, any additional evidence, and to try to obtain a different decision.

Q. Do I have to have an interview if I apply to change my status in the U.S. from visitor (B-2) to student (F-1)?

A. No, you do not. If you request a “change of status” from one category to another while remaining in the U.S., you send your request to USCIS, a division of the Department of Homeland Security, on Form I-539. There is no interview for this process. However, you will need to maintain valid nonimmigrant (temporary) status in order to effect this change. This means that you cannot apply to change status after your authorized stay expires. Also, in some cases, USCIS will not approve a change to student status unless you informed the consulate at your B-2 interview that you were thinking about eventually studying in the U.S.

Let us know if you have any more questions that we haven’t addressed here!
Andrea Aronson
College Admissions Specialist
Westfield, NJ

The post International Student Immigration Issues #3: Frequently Asked Questions About the Student Visa first appeared on College Admission Counseling.

If you are planning on attending a college or university in the United States, you will need to obtain a student visa (F-1). The educational institution in the U.S. should have a staff member whose job it is to send you important information about what to do in order to obtain your visa.

However, actually getting the visa can be tricky, and there is no guarantee that the consulate will agree that you are entitled to your visa. Therefore, in order to increase your chances of an approval, it is best to be fully prepared for the visa interview. Note: Canadian citizens do not need to obtain a visa in their passports.

Familiarize Yourself With The Process Of Obtaining A Visa

Once you obtain an “I-20” from your school in the United States. You can start the process of obtaining your student visa. Make sure you review and understand the following steps to take after you enroll in college and receive your I-20.

• Ask the International Student Services officer or Designated School Official (DSO) at your school in the U.S. for as much advice as possible about applying for your visa. Review your university’s website for international students
• Review the website of the U.S. Consulate or Embassy in your country that processes student visas to see if there are any special procedures of which to be aware. The consulates are part of the United States Department of State
• Follow the embassy or consulate’s instructions to schedule an interview for your F-1 student visa. Many consulates recommend that appointments be made no more than 90 days from the intended date of travel. But some can make earlier arrangements for interviews. For example, the U.S. Embassy in Beijing recommends that all students and exchange visitors should make appointments for visa interviews two months before their programs start. The summer months are obviously very busy times for processing prior to the start of the fall semester in the U.S.
• Pay the visa application and SEVIS fees
• Keep all receipts and notifications of payments
• Complete the DS-160 online application form.

Bring Proper Documentation To Your Appointment

• Make sure your passport is valid for at least 6 months. Renew your passport far enough in advance so that you have a valid passport at the time of your interview.
• Form I-20
• School admission letter
• Completed visa application (see above) and DS-160 confirmation page
• Two 2″x 2″ photographs that conform to Department of State specifications
• Receipts for the visa application fee and SEVIS fee
• Financial evidence: You must demonstrate that you have sufficient funds to cover your tuition and living expenses in the U.S., such as bank statements, bank accounts, income tax returns, business registration, etc. It is important to show you can support yourself in the U.S. without working.
• Remember that an F-1 visa means you intend to return to your home country after you conclude your studies in the U.S. Thus, at your interview, you must bring documentation that will help prove that you have many ties to your country, such as:
  • Proof that you own property, proof of family ties
  • A letter from an employer promising you a job when you return, bank accounts, etc.
• In China and other countries, you may be asked to provide some or all of the following:
• • • Transcripts and diplomas from previous institutions you attended
    • Scores from standardized tests required by the educational institution such as TOEFL, GRE, SAT, etc.
    • Research/Study Plan: Detailed information about your planned studies in the U.S. including the name and e-mail address of your advisor or head of your department in the U.S.
    • Resume or CV: Detailed information about your academic and professional experience.

How To Handle The Visa Interview

The visa interview can be stressful even if it is short. Make sure you answer the consular officer’s questions politely and truthfully. Any fraud or dishonesty can result in the denial of a visa at the interview or a later date. Here are some brief tips for the interviewing process.

• You may be asked if you intend to work in the U.S. as a student. You must make sure the consular officer understands that you do not intend to work in the U.S. while you are enrolled in school full-time and that you are aware that students are not allowed to work in the U.S.
• If you are interviewing for a visitor visa instead of a student visa, but think that there is even a small possibility that you will want to change your status to be a full-time student, then you should disclose this intent to the interviewing officer. Otherwise, you may have trouble changing from B-2 to F-1 in the U.S. In addition, if you intend to take a “short term course of English language study,” fewer than 18 hours per week, you can receive a B-2 visa. Again, this intent should be disclosed to the consular officer.
• In China and some other countries, consular officials may ask what you plan to do after receiving your diploma. It may be helpful to explain how your U.S. education will be useful in China in the future. However, again, answers should be truthful. Not every applicant has a specific plan before coming to the U.S.
• The consular official may inquire more deeply into your family’s finances. For example, if a student must borrow a lot of money to pay for his or her U.S. education, the consular officials may question how the applicant is going to pay back the loans upon returning to his or her home country.

Remember that the above information is just a guide. And does not cover every situation or the requirements of every embassy or consulate. Make sure you know what is required for the interview in your particular country.

Andrea Aronson
College Admissions Counselor
Westfield, NJ

The post International Student Immigration Issues #2: Preparing for an F-1 Student Visa Interview first appeared on College Admission Counseling.