Immigration specialist Jessica M. Vaughan disclosed at a hearing before the U.S. House Judiciary Committee that over 7,000 Indian exchange visitors and students overstayed their visas in the US in 2023. She asked lawmakers to consider significant changes, especially to the laws regarding work and student visas.

The largest overstay rates among temporary visa holders were observed in the F and M visa categories. While the M-1 visa is intended for non-academic and vocational programs, the F-1 visa permits international students to attend recognized U.S. universities full-time. To guarantee that students return home after finishing their studies, Vaughan emphasized the necessity of more stringent visa-granting procedures.

India, Brazil, Colombia, and China were the top countries with student visa overstays, according to Business Standard research. India has the most cases—7,000. Additionally, data revealed that overstay rates in 32 nations were higher than 20%. These numbers increased worries about weaknesses in enforcement and visa compliance.

Vaughan proposed changes to stop visa abuse. She suggested more stringent screening procedures for applicants for student visas as well as more interior enforcement. These steps are intended to preserve the integrity of U.S. immigration laws while reducing the rate of overstays.

Calls for H-1B Visa Reforms

Vaughan also drew attention to problems with the H-1B visa scheme. Employers in the United States can now hire qualified foreign workers in industries including engineering, IT, healthcare, and law thanks to this visa. She maintained that to emphasize American workers, the policy had to be modified.

She suggested shortening the duration of H-1B visas for specialized occupations to two years. Extensions would only be permitted in certain circumstances. She also suggested capping all H-1B visas, including those for research institutes and non-profits, at 75,000 each year. To recruit highly skilled personnel, visas should be distributed based on employer salary offers if demand surpasses the cap.

Vaughan disputed reports of a labour shortage in the US. She cited the millions of Americans of working age who are unemployed or have quit their jobs. Additionally, she mentioned that more than two million STEM graduates in the US are still unemployed or not employed in their area.

She called for a prohibition on staffing firms sponsoring foreign workers to preserve American jobs. She maintained that these businesses frequently use lower-paid overseas labour to replace American workers. To stop exploitation and guarantee equal possibilities for American workers, she underlined the necessity of changes.

On January 17, 2025, the U.S. government plans to implement new regulations about H-1B visas. Updates to improve openness and expedite procedures were announced by the Department of Homeland Security (DHS).

With 427,000 students enrolled, Canada continues to be the most popular destination for Indian students, according to India's Ministry of External Affairs. With 337,630 pupils, the United States comes in second, followed by the United Kingdom, Australia, and Germany. Despite worries about compliance and enforcement, there is still a high demand for U.S. visas.

FAQS

What potential effects would the modifications to the H-1B visa program have on the American economy?

Protecting American jobs may be aided by restricting H-1B visas and favouring more competent workers. However, if the talent pool becomes smaller, industries that rely on international talent may encounter difficulties.

Will other visa categories be impacted by the proposed changes?

Although the H-1B program and student visas are the main emphasis, the suggested stricter enforcement procedures could set a precedent. As Congress work toward comprehensive immigration reform, similar changes may be made to other temporary visa categories.