Proposed US Visa Rule Could Hit Indian Students Hard, Warns Expert
Proposed US Visa Rule Could Hit Indian Students Hard

A proposed change to US student visa rules could significantly hinder the ability of international graduates, particularly those from India, to remain and work in the United States after completing their studies, according to Danielle Goldman, CEO and co-founder of Build. Goldman warned that the proposal could exacerbate labor shortages in critical sectors such as artificial intelligence, technology, and engineering by limiting the pathways that many international students currently rely on to stay in the country and advance their careers, as reported by the American Bazaar.

Details of the Proposed Rule

The concern centers on a proposal issued last month by the Department of Homeland Security (DHS). Under the existing system, most international students holding F-1 visas are admitted under a policy known as "Duration of Status," which permits them to remain in the United States as long as they maintain their student status and comply with visa requirements. The proposed rule would replace this arrangement with a fixed period of stay of up to four years. Students who require additional time to complete their studies or engage in post-graduation work programs would need to obtain approval from US Citizenship and Immigration Services (USCIS).

Impact on Indian Students

Discussing the potential consequences, Goldman highlighted that Indian students could be among the most affected groups, as they constitute one of the largest international student communities in the US and are heavily involved in the H-1B visa system. "Indian students are one of the largest student populations in the United States," Goldman stated. She added, "They are securing jobs, working through school, getting companies to agree to sponsor them, and entering the H-1B lottery at a very high rate."

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Current Pathways and Challenges

Many international graduates utilize the Optional Practical Training (OPT) program to gain work experience after university. During this period, employers often invest in training and developing talent while sponsoring workers for the H-1B visa lottery. However, not all applicants are selected. Goldman noted that many companies have traditionally relied on alternative options to retain skilled workers when H-1B sponsorship efforts fail. One common route has been Day 1 CPT programs, which allow some students to continue working legally while enrolled in another academic course. According to Goldman, major employers have frequently encouraged workers to use this option when they were unsuccessful in obtaining an H-1B visa.

Restrictions Under New Framework

Goldman believes the proposed rule would restrict that pathway. Under the new framework, students who have already completed a degree at a certain academic level would generally be unable to enroll in another program at the same level solely to maintain work authorization. "For anyone who already has a master's degree, they're not going to be able to go back and say, 'I need another master's degree because I need work authorization to continue working,'" Goldman explained. Instead, some workers may have to pursue higher qualifications, such as doctoral degrees, to remain eligible to stay in the country. She remarked, "That's not reasonable for people. They don't want to sign up for a five-year Ph.D. program when they're a data scientist and they're using machine learning every day and already have a master's degree."

Broader Implications

Goldman warned that thousands of highly skilled workers, including many Indian nationals who have repeatedly missed out in the H-1B lottery, could be left searching for alternative immigration options. She also suggested that major employers may need to rethink how they retain international talent if the proposal moves forward. "Amazon and Meta and a lot of these companies that relied on that solution to retain their talent who they've invested in during the OPT period, that's not going to be possible anymore, and they're going to have to think of solutions," Goldman said.

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