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US policy changes are reshaping international students’ visa rules, work opportunities, and paths to citizenship, though future reforms remain uncertain.
International students in the US face shifting visa rules, with reforms vital for their career prospects. (Image: Getty)
By Dr Christopher Abraham
Billions of dollars flow into the U.S. economy from international students, with universities benefiting from their global talent. Many seek to build a life in the U.S. after graduation but face a complex path from student visas to citizenship. Policy changes affect these students directly through visa rules and green card processes.
Recent Policy Changes Affecting International Students
The Biden administration implemented measures to retain international talent, especially in STEM fields. The STEM Optional Practical Training (OPT) now allows graduates to work in the U.S. for up to three years, with 22 additional fields qualifying. J-1 exchange visa holders in STEM now get 36 months of work authorization instead of 18. The O-1A visa process for extraordinary STEM Ph.D. holders has been eased, along with expanded eligibility for National Interest Waivers (NIW) for green cards.
Reversals Of Restrictive Policies
Trump-era policies, like the 2020 directive forcing online-only students to leave the U.S., were repealed after legal challenges from universities. In 2021, Biden rejected a Trump rule that would have ended “duration of status” for F-1 visa holders, preserving their ability to stay for their entire academic program without reapplying.
New Rules To Retain Talent
In 2024, the State Department reduced the number of countries subject to the J-1 visa home residency requirement from over 50 to 27, making it easier for many exchange students to remain in the U.S. for work visas or green cards.
Visa And Green Card Pathways For International Students
- Student Visa (F-1 or J-1): Most students enter the U.S. on F-1 or J-1 visas, which do not directly lead to green cards.
- Optional Practical Training (OPT): Allows F-1 students to work for up to 12 months (or 36 months for STEM graduates), providing a bridge to employer sponsorship.
- Work Visa (H-1B): The H-1B visa, a common route to long-term work, permits “dual intent” (legal pursuit of a green card). However, with over 758,994 applications for just 85,000 spots in 2023, securing an H-1B is highly competitive.
- Permanent Residency (Green Card): Employment-based green cards (EB-1, EB-2, EB-3) often require employer sponsorship, and backlogs mean long waits, especially for Indian and Chinese nationals. Some qualify through National Interest Waivers or Extraordinary Ability petitions.
- Naturalization (Citizenship): Green card holders can apply for U.S. citizenship after five years (or three if married to a U.S. citizen). The entire process can take over a decade from the initial F-1 visa.
Legal Challenges And Political Influences
Courts As A Backstop
International students were affected by legal battles, such as the 2020 ICE rule attempting to deport online-only students. More than 300 universities, including Harvard and MIT, sued, leading to its reversal. Courts remain a check against abrupt policy shifts.
Partisan Policy Swings
Different administrations shape immigration policies drastically. Under Trump, H-1B visa denials rose to 13% in 2020 (up from 6% in 2015), and OPT’s extension was threatened. Biden reversed many of these measures, emphasizing talent retention. Congress remains divided on reforms such as increasing visa limits or green card quotas, even though bipartisan support for skilled international students exists.
Legislative Hurdles
A 2022 proposal to grant STEM Ph.Ds. automatic green cards was removed from the CHIPS and Science Act. Court cases challenging H-1B lottery standards and ongoing litigation on DACA and other immigration programs create uncertainty.
Future Expectations And Expert Predictions
Calls for A Clearer Path
Experts advocate for direct green card pathways for STEM and healthcare graduates. Policy proposals include exempting STEM Ph.Ds. from visa caps and modernizing employment-based green card processes to boost U.S. competitiveness. However, congressional gridlock stalls progress.
Political Wildcards
The 2024 U.S. presidential election has significantly shifted immigration policies. A restrictive administration is likely to cut H-1B visas, increase employer scrutiny, and tighten regulations. A more moderate approach may provide for gradual changes, ensuring talent retention without large-scale immigration reform.
Expert Outlook
Despite political uncertainties, U.S. international student enrollments are projected to grow from 1 million to 1.8 million by 2034. Without clearer pathways to retain talent, the U.S. risks losing skilled graduates to Canada, the U.K., and Australia, which have simpler immigration processes. Retaining international graduates could add $200 billion to the U.S. economy over the next decade.
Conclusion
Immigration policies significantly impact international students’ futures in the U.S. While recent changes offer hope, systemic barriers persist. Whether policymakers will create clearer pathways to citizenship or continue the maze of restrictions remains uncertain. International students and universities closely watch Washington’s next moves to determine if the American Dream will remain within reach.
(The Author is the CEO & Head of SP Jain School of Global Management. Views expressed in the above piece are personal and solely those of the author. They do not necessarily reflect News18’s views.)
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