The Trump Administration has been challenged in court by over 65 top universities in the US, including MIT and Havard for its strict visa policies for international students. They are of the opinion that the backdating policy would have a detrimental effect on the system of education in higher institutions in America.
According to the Trump Administration, the new policy which was announced in August does not allow overstaying a visa.
Regarding long-standing immigration policy, it is standard that if a person is no longer permitted to remain in the US due to certain conditions like the expiration of one’s visa, the person’s presence in the country is seen as an unlawful presence. The moment a person’s visa expires, the period of unlawful presence starts counting, and if the person remains in the country for Six more months, he or she would be forced out of the US and barred from getting into the US for the next three years.
Before the amendment of the Immigration Policy in August, people with expired visas were given an unlawful presence notice one day after the Government had issued out an official notice to them, stating that they are out of status.
Currently, the Department of Homeland security is allowed to begin counting unlawful presence one day after an international student has completed his or her degree program, or one day after a person’s visa has expired.
Top notch schools like Cornell, Havard, MIT, Princeton, and Yale are signatories to an amicus brief that was filed on Monday, saying that the new policy puts the international students in a difficult position.
The President of Georgetown University, John J DeGiola said that these new policies are harmful to not only the students but also the scholars and the institutions. According to him, their contributions to the various campus communities are very important for the development of the nation and seek the common good of all people.
It is stated in the brief that if there is a 10% increase in the ratio of the total number of foreigners graduating to the total number of graduating students, it means that there is a 5.1% rise in the patent grants.
Even after completing their school terms, international students still contribute immensely to the economy of the nation.
In an instance, a study was conducted, and it was shown that over one-quarter of startup companies in America that have a monetary value of USD1billion was founded by people who first got into the country as international students.
The Backdating Rule
The backdating rule opens up room for uncertainties and exposes the average international student in the US to suffer the punishments that are attached to situations beyond his or her control.
For example, it is possible for a student to be out of status just because an unintentional clerical or technical mistake was made. Sometimes the student might only get to discover this when he or she is applying for an Immigration benefit.
According to the brief, if such a student gets banned, the effect it would have on him or her would be extremely detrimental, and as a matter of fact, can lead to the termination of their schooling. It can as well prevent that student from entering the US for any reason whatsoever for a stipulated time.
Also, in brief, it was mentioned that with the new rule in place, the country loses its power to compete with other countries for international students and scholars. When the number of international students and researchers trooping into the country reduces, it will cause a negative impact on the academic system in higher institutions in the country.
Currently, with the presence of all the international students in the United States, the country stands out as a leading educational center for higher institutions.
However, other countries are rapidly closing in on the US as her market share which was at 23% in the year 2000, had reduced to 16% in 2012, and countries like Britain, Canada, China, and Russia are all striving for the same talent pool.
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