Indian students are leading in U.S. visa rule violations, with over 7,000 reported overstays in 2023.

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India recorded the highest incidence of student visa overstays in the United States last year, with approximately 7,000 Indian students remaining beyond their authorized duration, as reported by immigration expert Jessica M. Vaughan. In contrast, Brazil and China followed with around 2,000 overstays each, placing them second on the list. During her testimony before the U.S. House Committee on the Judiciary, Vaughan expressed concern regarding the elevated overstay rates associated with student and exchange visitor visas, particularly the F-1 and M-1 categories. As a policy analyst at the Center for Immigration Studies, she criticized the current immigration framework for being overly permissive, which she believes enables students to exploit their visa privileges. Vaughan advocated for enhanced enforcement measures that would require students to demonstrate their intent to return to their home countries post-education. She also condemned the “dual intent” policy that permits student visa holders to indicate a desire to remain in the U.S. after completing their studies. Furthermore, she highlighted the potential for fraud within programs such as Optional Practical Training (OPT) and Curricular Practical Training (CPT), which permit international students to work in the U.S. following their academic programs.

Vaughan proposed implementing stricter regulations and higher standards for educational institutions that issue I-20 forms, suggesting that those with significant overstay rates should forfeit their ability to sponsor foreign students. In addition to addressing student visas, she called for substantial reforms to work visa programs, including a reduction in the annual cap for H-1B visas to 75,000 and a focus on higher-paying employers, along with a decrease in the visa duration for specialty occupations to two years with limited extensions.Vaughan dismissed assertions regarding a labor shortage by referencing the pool of unemployed STEM graduates in the United States. She contended that the nation ought to prioritize the employment of its domestic workforce prior to broadening foreign work initiatives. Her statements contribute to the escalating discussion surrounding the need for stricter immigration regulations and the reduction of visa overstays, particularly in relation to Indian students.