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Class #3 International Students, Scholars, and Scientific Visitors to the U.S. Policy Background and Post 9/11 Issues C. M. Vest. Background (Pre 9/11). Legal basis of visitor Visa policies Categories of Visas SEVIS (Student and Exchange Visitor Information System).
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Class #3International Students, Scholars, and Scientific Visitors to the U.S Policy Background and Post 9/11 Issues C. M. Vest
Background (Pre 9/11) • Legal basis of visitor Visa policies • Categories of Visas • SEVIS (Student and Exchange Visitor Information System)
Legal Basis of Visitor VisaPolicies • Sec. 214(b) of the Immigration and Nationality Act of 1952 • Visitors must prove to the satisfaction of a consular officer that they will not remain in the United States (Nonimmigrant Status) • This appears to be the most common reason for denying visitor visas. • It also is used as a “catch all” when officers want to deny a visa.
Categories of Temporary Nonimmigrant Visas • B Class (Business) • F Class (Student) • J Class (Exchange Visitor) • H Class (Specialty Worker) • Graduate students usually enter with F or J visas. • Postdoctoral scholars usually enter with J visas, or much less frequently with H-1b visas. • Short-term visitors for meetings and brief collaborations usually enter with B visas.
SEVIS Student and Exchange Visitor Information System • A computerized tracking system for foreign students and visitors [F, J, and M (vocational training) visas]. • Purpose: Verify that foreign students are pursuing their intended course of study at certified institutions. • Most information required was required prior to 9/11.
SEVIS Statistics • Approved Campuses: 10,024 • Active Students: 599,617 • Approved Exchange Programs: 1,448 • Active Exchange Visitors: 140,424 Source: Immigration and Customs Enforcement Web Site Oct. 18, 2005
Alice in Wonderland • On one hand: It is our legislation-based policy not to let students and scholars (or anyone else) into the country if we think they might stay here. • On the other hand: An increasingly prevalent complaint is that students who come here to study “return home” and contribute to other economies rather than ours.
The First Destination of Engineering PhD Graduates in 2004 • Engineering PhDs • 1,274 U.S. citizens earned Engineering PhDs • 97% stayed in the U.S. 3% went to another country. • Engineering PhDs • 1,683 temporary residents earned Engineerng PhDs. • 73% stayed in the U.S. 26% went to another country. Source: NSF Survey of earned doctorates 2004
The First Destination of Science PhD Graduates in 2004 • Science PhDs • 8,904 U.S. citizens earned Science PhDs • 96% stayed in the U.S. 3% went to another country. • Science PhDs • 3,785 temporary residents earned Science PhDs. • 72% stayed in the U.S. 28% went to another country. Source: NSF Survey of earned doctorates 2004
Some Post 9/11 Visa Issues • Review Processes: • Technology Alert List (TAL) • Visa MANTIS • CONDOR • Statistics • Changes in International applications and enrollments
Technology Alert List (TAL) • TAL: A list of S&T areas of study and research, and devices • Basis: Prevent evasion of laws prohibiting export of goods, technology, or sensitive information. • Use: To flag visa applicants for special security review (Visa MANTIS). • (A visit with officials.)
Visa MANTIS • A review of a visa applications conducted in Washington when proposed programs of study or work are considered by a consular officer to have national security implications (usually guided by the TAL). • The issue is to expedite these reviews.
Visa CONDOR • A review for visa applicants whose country of origin is considered by the State Department to sponsor terrorism. • Other applicant information that raises concerns about terrorism can trigger this review.
Students and “Deemed Exports” • Regulations • Implementation • Inspectors General Reports and Proposed Changes
Flow of Scholars to U.S. Post 9/11 • Increased Visa Processing Time, Security Reviews, and Rejections • The Technology Alert List • Complexity and Hassle • Risk Averse Decision Making • Deterioration of Welcoming Image and Reality
Very Real Effects of U.S. Visa Policy and its Implementation • 32% Drop in International Applicants to U.S. Graduate Programs from 2003 to 2004. [Interpretation is complicated.] • 18% Drop in Admissions to these programs. [Quality?] • Meetings Moved to Other Countries • Increased Competition for Students and Faculty • “Horror Stories”
U.S. Visas Issued to High-Skill Visitors Source: Science and Engineering Indicators 2004, National Science Foundation, Washington, DC
The U.S. has serious perceptual problems. The Pew Research Center recently asked 17,000 people from 16 countries “Suppose a young person who wanted to leave this country asked you to recommend where to go to lead a good life -- what country would you recommend?” Here are the results …
% OF PEOPLE FROM HERE WHO RECOMMENDED THIS DESTINATION “FOR A GOOD LIFE” Source: Pew Global Attitudes Survey, quoted in the New York Times, July 3, 2005
Discussion Questions • What do you think our basic policies should be regarding international students and scientific visitors? • To what extent are your views in this regard affected by the reality of 9/11? • What sorts of thing should be on the Technology Alert List? • How do you think about risk and benefit in admitting international students and scholars? • What sorts of things should be considered to be “deemed exports”?