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"Debate on Visa Overstays: Proposed Reforms to US Immigration and Employment Policies"

The United States saw around 7,000 Indian nationals, who arrived on student and exchange visitor visas, stay beyond their visa periods.

By:  Tupaki Desk   |   31 Jan 2025 10:53 AM IST
Debate on Visa Overstays: Proposed Reforms to US Immigration and Employment Policies
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In 2023, the United States saw around 7,000 Indian nationals, who arrived on student and exchange visitor visas, stay beyond their visa periods. This situation has sparked a discussion on the need for stricter immigration and visa policies. The Center for Immigration Studies (CIS) brought this issue to light, indicating that these overstays are not isolated incidents but part of a broader trend affecting students and exchange visitors from 32 different countries, with over 20% remaining in the US without authorization.

Jessica M Van, speaking on behalf of the CIS, addressed a US congressional committee, stressing the urgency to overhaul the current immigration enforcement practices in America. She highlighted the significant numbers of overstays among Indians, which stood out even when compared to other countries like China, Brazil, and Colombia, each reporting over 2,000 cases in the same year. Jessica pointed out the necessity for immediate changes in visa issuance processes and suggested the discontinuation of the dual-intent policy, which permits students to work while studying, advocating instead for an agreement that mandates students return to their home countries post completion of their studies.

Proposals for Visa Policy Reforms

As part of her presentation, Jessica proposed several reforms aimed at addressing these challenges. She recommended setting a cap on H-1B visas at 75,000 to limit the number of skilled professionals entering the US. Moreover, she argued for the inclusion of the non-profit and research sectors within this cap, which currently enjoy unlimited access to H-1B visas. In her view, prioritizing candidates who earn the highest salaries within the H-1B category could ensure that only the most needed talents are welcomed.

Jessica also called attention to the misuse of visa programs by some companies to replace American workers with foreign nationals offering to work for lower wages through illegal hiring practices. She emphasized the urgency to enforce stricter regulations to prevent companies from engaging in such practices and suggested that employers should be held accountable for any employees who overstay their visas. Her recommendations included restricting H-1B visas for skilled professionals to a two-year period, with the possibility of a two-year extension, and abolishing the automatic extension granted for filing a green card petition.

Addressing the Workforce and Employment Concerns

The dialogue further extended to the broader employment landscape in America. Jessica argued against the need for visa workers in government jobs, pointing out the ample availability of skilled and unskilled American workers. She underscored the presence of 2 million skilled Americans in science, engineering, technology, and mathematics sectors, with a significant portion still unemployed. This, she argued, negates the necessity to source talent from overseas, advocating for a visa reform that favors American workers and offers them more opportunities.

Conclusion

Overall, the discourse initiated by the CIS through Jessica M Van's presentation to the congressional committee has underscored the complexities surrounding student and exchange visitor visa overstays and the broader implications on the US labor market. By recommending a series of targeted reforms, the CIS aims to not only address the immediate issue of visa overstays but also to ensure the integrity of the US immigration system and its impact on American employment