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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

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Background (Pre 9/11)

• Legal basis of visitor Visa policies

• Categories of Visas

• SEVIS (Student and Exchange Visitor Information System)

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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.

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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.

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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.

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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

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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.

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Do foreign students stay here?

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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

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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

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U.S. S&E PhD Workforce

0

50000

100000

150000

200000

250000

300000

1990 2000

U.S. Born

Foreign Born

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Some Post 9/11 Visa Issues

• Review Processes:• Technology Alert List (TAL)• Visa MANTIS• CONDOR

• Statistics– Changes in International applications and

enrollments

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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.)

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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.

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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.

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Students and “Deemed Exports”

• Regulations

• Implementation

• Inspectors General Reports and Proposed Changes

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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

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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”

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U.S. Visas Issued to High-Skill Visitors

0

50,000

100,000

150,000

200,000

250,000

300,000

350,000

1998 1999 2000 2001 2002 2003

Student

Exchange Visitor

Other

Source: Science and Engineering Indicators 2004, National Science Foundation, Washington, DC

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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 …

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U.S. CANADA AUSTRL. U.K. GERMANY

INDIA 38% 6 13 6 3

POLAND 19 9 8 21 10

CANADA 13 18 7 3

GERMANY 10 11 11 3

CHINA 10 12 10 4 4

RUSSIA 8 8 9 4 22

TURKEY 8 7 12 5 18

LEBANON 9 17 18 6 6

JORDON 8 9 8 6 6

SPAIN 7 2 9 14 6

U.K. 6 9 31 2

FRANCE 5 14 7 4 7

PAKISTAN 5 3 1 6 1

NETHERLANDS 3 16 16 3 3

INDONESIA 2 2 8 5 4

WHO RECOMMENDED THIS DESTINATION “FOR A GOOD LIFE”

% OF PEOPLEFROM HERE

Source: Pew Global Attitudes Survey, quoted in the New York Times, July 3, 2005

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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”?