1 Class #3 International Students, Scholars, and Scientific Visitors to the U.S Policy Background and Post 9/11 Issues C. M. Vest

2 Background (Pre 9/11) Legal basis of visitor Visa policies Categories of Visas SEVIS (Student and Exchange Visitor Information System)

3 Legal Basis of Visitor Visa Policies 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.

4 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.

5 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.

6 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

7 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.

8 Do foreign students stay here?

9 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

10 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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12 Some Post 9/11 Visa Issues Review Processes: Technology Alert List (TAL) Visa MANTIS CONDOR Statistics –Changes in International applications and enrollments

13 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.)

14 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.

15 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.

16 Students and “Deemed Exports” Regulations Implementation Inspectors General Reports and Proposed Changes

17 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

18 Very Real Effects of U.S. Visa Policy and its Implementation 32% Drop in International Applicants to U.S. Graduate Programs from 2003 to [Interpretation is complicated.] 18% Drop in Admissions to these programs. [Quality?] Meetings Moved to Other Countries Increased Competition for Students and Faculty “Horror Stories”

19 U.S. Visas Issued to High-Skill Visitors Source: Science and Engineering Indicators 2004, National Science Foundation, Washington, DC

20 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 …

21 U.S. CANADAAUSTRL.U.K.GERMANY INDIA38%61363 POLAND CANADA GERMANY CHINA RUSSIA TURKEY LEBANON JORDON89866 SPAIN U.K FRANCE PAKISTAN53161 NETHERLANDS INDONESIA22854 WHO RECOMMENDED THIS DESTINATION “FOR A GOOD LIFE” % OF PEOPLE FROM HERE Source: Pew Global Attitudes Survey, quoted in the New York Times, July 3, 2005

22 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”?