Impact of Recent Immigration Policy on International Student Populations

Lamia M. Shapiro

Department of Counseling and Higher Education, Northern Illinois University

HESA 771: Legal Aspects of Higher Education Administration

Jeanne Meyer, J.D.

December 11, 2022

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There is no doubt the positive impact a global education can provide. Evidence shows the

many benefits of promoting an international information exchange. Despite these benefits,

international students face some of the greatest challenges when attempting to study at U.S.

institutions. This paper hopes to explore the impacts of recent immigration policy on

international students attempting to study in the United States. This will include an overview of

legislative challenges facing international students today, as well as attempts from the current

administration to combat them. Research will be concluded with implications for institutions and

recommendations for best practice.

The benefits of study abroad are numerous. In a report published by NAFSA in March of

2020, international students were found to have contributed nearly $41 billion to the U.S.

economy and created more than 458,000 jobs in the United States (NAFSA, 2020). One

contributing factor might be international students paying higher tuition rates than domestic

students because they do not qualify for state residency tuition breaks in addition to any loans,

grants or scholarships awarded to U.S. citizens. Further, according to one report in International

Students Studying in the United States: Trends and Impacts, nearly a quarter of U.S. startup

companies worth $1 billion were founded by individuals who first came to America as

international students. This is particularly significant, considering how research shows when

international students develop positive relationships with their host countries, “they are more

likely to have future visits, do business, and maintain fruitful relationships with that country”

(Boundless, 2022). In a study conducted at Duke University, data showed students who actively

interacted with international student populations saw an increase in self-confidence, leadership,

quantitative skills, and overall intellectual growth. Participants were found to have an increased

appreciation for arts and culture, an increased ability to place current world issues into historical
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contexts, increase foreign language literacy, reexamine their political and religious beliefs, and

reassess their beliefs about other races and ethnicities (Boundless, 2022). Considering the

positive economic and social impacts of international student populations, the decline of

international student enrollment has direct consequences that present several challenges to

financial, staffing, and diversity initiatives (Hacker & Bellmore, 2020). More information

pertaining to the economic contributions of international students can be seen by visiting

NAFSA’s interactive International Student Economic Value Tool.

While there is an abundance of research promoting international student exchange

programs, it does not mean international students are safe from agency efforts like those of the

Department of State or Homeland Security. For example, the US Immigration and Customs

Enforcement’s (ICE) Student and Exchange Visitor Program (SEVP) operates in collaboration

with those agencies to authenticate the legitimacy of international students in the U.S. They work

with partners that include U.S. Citizenship and Immigration Services and U.S. Customs and

Border Protection. Their close scrutiny towards entry into the United States results in a variety of

challenges for the international student. These challenges include a crackdown on visa

requirements, increased fees, sterner verification processes, xenophobia, and racism.

In a survey conducted in 2019, the top reason for fall 2019 drops in enrollment were due

to visa application process issues, delays, and denials (Boundless, 2022). The types of visas

international students can acquire are F-1, M-1, and J-1 Visas. F-1 Visas are for those wanting to

complete a K-12 or college education at a SEVP-certified school or program. M-1 Visas are for

those whose primary purpose is to complete a vocational course of study at a SEVP-certified

school or program. The J-1 (Exchange Visitors) Visa is for students selected to participate in a

U.S. Department of State-designated exchange visitor program (Department of Homeland

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Security, 2021). An increase of authentication requirements is largely due to U.S. efforts to

crack down on Visa mills: fake institutions set up to allow foreign nationals to come to the

United States with the intent to work, not study. These authentication processes cause

administrative delays that leave students (and educators) unable to continue their research,

publish their work under their host institution post-graduation, and face deportation back to their

home nation (Katr, 2019). Additionally, the Department of State’s proposal on December 29th,

2021, to increase imposed fees for international student and visitor visas, as well as institutional

certifications, only contributes negatively to the administrative rigors experienced by

international students. The DOS’s rule to raise fees associated with the cost of visas translates to

an increase to $245 for F and M Visas, an increase from $120 to $510 for J Visas, an increase in

the initial school certification fee for new F and M schools, and a $1,250 fee for F and M school

recertification (NAFSA, 2019). The increase of fees associated with acquiring visas only adds to

the difficulties international students must already face, contributing to the unwelcome climate

international students report themselves experiencing. There is currently a rule proposed by the

Department of State to waive the requirement fee for those applying for a two-year residency (J)

Visa (FR 86§74018). While comments for this rule are currently being accepted, no dates have

been proposed for when FR 86§74018 could go into effect.

In addition to administrative challenges, international students list feelings of racism,

concerns for physical safety, xenophobia, and a general unwelcome climate as deterrents for

studying in the US. Following the election of former President Donald Trump, international

students reported a sense of pessimism surrounding their safety and likelihood of success (Patel,

2018). The rhetoric of Donald Trump was felt throughout higher education, as things like the

‘Muslim Ban’ (Executive Order 13769 signed January 2017 by the Trump administration that
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prohibited entry into the US from seven predominantly Muslim nations) took effect, causing a

15.5% enrollment drop from Saudi Arabia, alone (Boundless; Hacker & Bellmore).

The United States is not known for its friendly attitude towards foreign immigrants, and

nothing demonstrates that better than the US’s response to COVID-19.

According to the SEVP, there were 1.24 million active F-1 and M-1 students in

2021 — an approximate 18% decrease from pre-pandemic levels in 2019.

Overall, U.S. schools saw a 72% decrease in new student enrollment in 2020

compared to 2019, but that increased slightly in 2021 as pandemic restrictions

eased (Boundless, 2022).

As a result of ignorant hate speech regarding the pandemic that was propagated by government

officials and citizens, alike, it is no surprise that COVID-19 led to an increase of fear for safety

amongst Asian students. Harassment and violence against Asian people took a sharp increase in

many communities as a response to COVID-19 (NYC Commission on Human Rights, 2021).

This is concerning, considering that of the top 10 countries of origin amongst international

students, seven are from Asia (U.S. Immigration and Customs Enforcement; Boundless 2022).

Neu-racism and the spread of misinformation are one of the top reasons international students are

looking to study in other nations. This poses a threat to the US economy, as trends show growing

interest in studying in nations outside of the United States because of the harsh climates fostered

by American bigotry. Some politicians recognize the cost of losing international student revenue,

and to challenge this bigotry, they wrote a letter to the DOS and DHS, requesting to use their

authority to distribute visas and authorize the entry of international students. In their letter, they

included suggestions like designating alternative posts, offering interview waivers or remote
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interviews, and expanding National Interest Exemptions as ways to increase efficiency in an

otherwise bogged-down system (Padilla, 2021).

Another way the US Government is trying to combat the bigotry and increase interest in

studying in the US is the optional practical training program (OPT). The OPT program works in

collaboration with industries in the STEM field, sponsoring education and employment for

foreign nationals to participate in experiential or applied learning that aids in US economic

advancement. Students are authorized by their school’s designated school official documented in

the student’s SEVIS record (a division of SEVP) to be able to apply for a work permit from

Immigration Services. If successful, the OPT program would continue to allow students to work

in their field for up to three years following their graduation. This helps with the recruitment of

international students, as OPT contributes to their long-term professional career goals as well as

providing them with a network of prospective employment post-graduation. OPT has been

effective since May of 2016, discounting the addition of 8CRF 214.16, which was only in effect

from 2016-2019 (FR 81§13039). To qualify for the OPT visa extension, students must prove

their degree is from an institution accredited by the Department of Education at the time the

student was attending. The DHS is the agency responsible for monitoring OPT and ensuring its

requirements are met. DHS does this through occasional visits to ensure employers and students

are in accordance with the OPT process. During these visits, institutions must be able to verify

they are providing structurally guided work-based learning outcomes in accordance with

individualized training plans. Additionally, students must submit reports every 12 months for

required validation purposes. (It should be mentioned that the DHS’s original proposal suggested

a review every 6 months, increasing the administrative hoops for international students.) These

reports are conducted through annual performance reviews given by someone with appropriate
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authority within the employing organization and is used to confirm the student is making

adequate progress towards their training objectives. DHS permits domestic private, public, not-

for-profit, and for-profit institutions to participate in the OPT program, whereas US institutions

with campuses abroad cannot be certifiable through SEVP (FR 81§13039).

One of the greatest threats to the OPT program is an on-going lawsuit, Washington

Alliance of Technology Workers vs Department of Homeland Security. The plaintiff WashTech

first began suing the DHS in 2016 for exercising an unconstitutional authority by granting F1

students OPT Visas. The court found the decision to extend OPT programs within DHS’s

authority. In January of 2021, WashTech filed a motion to the D.C. Circuit court to challenge the

decision, however, the court denied WashTech’s motion for summary judgement. In November

of 2022, WashTech filed a review of the court’s decision. This case is currently being monitored

by an alliance of over 60 institutions preventatively working to submit an amicus brief to

advocate for the continuation of OPT programs. They highlight how competing countries utilize

programs such as OPT to provide an all-encompassing education and point out the administrative

benefit of not getting backlogged by extension applications. If WashTech’s motion is successful,

however, it could force the OPT program out of existence- and the economic boost that stems

from the participants of the OPT programs.

Despite the opposite of what research has demonstrated, WashTech’s reasoning is

partially rooted in the misinformation that foreign immigrants are stealing jobs from American

citizens (Boundless, 2022). Many in government feel the US can take greater action in assisting

international students as a response. For example, NAFSA includes ways the US government can

show international students support. Through better recruitment strategies, opportunities for

students to stay in the US post-graduation, an expedited green card process for international
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graduates of US colleges, and an elimination of racial profiling because of ingenuine threats to

national security, the US can help ease the administrative responsibilities international students

must endure. In addition to suggestions for members of the government, NAFSA provides a list

of 5 actionable steps institutions can take to stand with their international students. These steps

include listening, staying up to date on current issues facing the international community,

creating taskforces of faculty, staff, and students with a designated point-person, and advocating

for equitable resources for international student support offices (Losing Talent, 2020).

Student Affairs professionals, to keep up with the issues that impact international

students, should further educate themselves about major policy and administrative changes that

could have long-term consequences on the international community. Deferred Action for

Childhood Arrivals (DACA), Temporary Protected Status (TPS), Deferred Enforced Departure

(DED), Notice to Appear (NTA), Requests for Evidence (RFE) and Notice of Intent to Deny

(NOID) are just a few examples of immigration policies higher education professionals can

educate themselves on. Administrative changes that are currently in review include H-4 Visa

work authorization, H-1B Visa restrictions, duration of status, Cap Gap, denials of

Nonimmigrant and Immigrant Visa applications, visa restrictions for Chinese students, refugee

admission, H-1B lottery changes and public charge. Further legislation to research includes

Higher Education Dream Act of 2019, Fairness for High-Skilled Immigrants Act (HR 1044/S

386), Startup Bill, No Ban Act, and the RAISE Act.

It is no secret the incredible value globalization brings to our campuses. While studies

show endless evidence supporting the many benefits of hosting international students,

government agencies and ignorant members of society seem to thwart students at every

opportunity. Surveys consistently report the main reasons for drops in enrollment stem from
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issues surrounding visa application processes and concerns for physical safety. The fear for

safety stem largely from the hateful rhetoric promoted by racist politicians and members of

public, who only became more emboldened following the COVID-19 pandemic. Current

administrative efforts to aid international students are in the process of being renegotiated

through lawsuits like WashTech vs the Department of Homeland security, who are actively

seeking to dismantle programs like the Optional Practical Training. Despite these threats to

international students, many are working hard to stand with international student populations.

This includes staying up to date with current legislation prohibiting access to international

students, as well assessing campus climate to promote more inclusive practices.

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References

American Council on Education. (2022). DHS, state announce regulatory changes to attract

more international students and scholars. Newsroom. https://www.acenet.edu/News-

Room/Pages/Admin-Announces-Regulatory-Changes-for-International-Students.aspx

American Council on Education. (2022). Final DACA regulations released by Biden

Administration. Newsroom. https://www.acenet.edu/News-Room/Pages/Final-DACA-

Regulations-Released.aspx

Boundless. (2022). International students studying in the United States: Trends and impacts

2022. Retrieved December 5, 2022, from

https://www.boundless.com/research/international-students-studying-in-the-united-states-

trends-and-impacts/

DACA litigation timeline. National Immigration Law Center. (2020). Retrieved December 8,

2022, from https://www.nilc.org/issues/daca/daca-litigation-timeline/

Department of Homeland Security. (2021). Student Process Steps: How to Navigate the U.S.

Immigration System. U.S. Immigration and Customs Enforcement.

https://www.ice.gov/sevis/students

Department of Homeland Security. (2015). Who is SEVP? Retrieved December 8, 2022, from

https://studyinthestates.dhs.gov/2015/01/who-sevp

Department of Homeland Security. U.S. Immigration and Customs Enforcement. Retrieved

December 8, 2022, from https://studyinthestates.dhs.gov/site/us-immigration-and-customs-

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enforcement#

Hacker, N. L. & Bellmore, E., (2020). “The Trump Effect”: How Does it Impact International

Student Enrollment in U.S. Colleges? Journal of Critical Thought and Praxis 10(1).

Doi: https://doi.org/10.31274/jctp.11588

Hanson, M. (2022). College enrollment statistics [2022]: Total + by demographic. Education

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enrollment-statistics#international

Improving and Expanding Training Opportunities for F-1 Nonimmigrant Students with STEM

Degrees and CAP-GAP Relief for All Eligible F-1 Students, 81 FR 13039 (2016).

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https://www.federalregister.gov/documents/2016/03/11/2016-04828/improving-and-

expanding-training-opportunities-for-f-1-nonimmigrant-students-with-stem-degrees-

and#h-34

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students. HIGHER ED CONNECTS. https://higheredconnects.com/internationalizing-

higher-education-how-do-new-regulations-impact-international-students/
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NAFSA: Association of International Educators. (2019). Higher education immigration policy

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address-international-student-visa-backlog/
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Patel, V. (2018). Is the ‘Trump Effect’ scaring away prospective international students? The

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