In 2023, the United States witnessed a significant number of visa overstays, with over 7,000 Indian students and exchange visitors remaining beyond their authorized period. This revelation has sparked discussions among policymakers and experts regarding the need for comprehensive reforms in U.S. immigration policies, particularly concerning student and work visas.

Rising Concerns Over Visa Overstays

According to the U.S. Department of Homeland Security’s Fiscal Year 2022 Entry/Exit Overstay Report, the total overstay rate was 3.03%, with student and exchange visitor visas (F, M, and J categories) exhibiting higher overstay rates compared to other nonimmigrant categories. The F-1 visa, designated for full-time students at accredited institutions, and the M-1 visa, intended for vocational or non-academic programs, have been under scrutiny due to their elevated overstay rates.

Jessica M. Vaughan, Director of Policy Studies at the Center for Immigration Studies, highlighted these concerns during her testimony before the U.S. House Committee on the Judiciary. She emphasized that four countries—Brazil, China, Colombia, and India—each had more than 2,000 of their citizens overstaying student or exchange visitor visas in 2023, with India having the highest number at over 7,000.

In light of these statistics, Vaughan proposed several reforms to the U.S. immigration system. One key recommendation is to eliminate the concept of “dual intent” for student visa applicants. Currently, dual intent allows individuals to enter the U.S. as students while simultaneously intending to apply for permanent residency. Vaughan suggests that applicants should instead be required to demonstrate a clear intent and likelihood to return to their home country upon completing their studies. This proposed change aims to ensure that student visas are granted to individuals genuinely seeking temporary educational experiences in the U.S., thereby reducing the potential for overstays and unauthorized employment.

Reevaluating the H-1B Visa Program

Beyond student visas, Vaughan also addressed concerns related to the H-1B visa program, which permits U.S. companies to employ foreign workers in specialty occupations requiring specialized knowledge. She recommended limiting H-1B visas to an initial period of two years, with the possibility of extension to four years, and eliminating automatic extensions based on pending green card petitions.

Furthermore, Vaughan proposed capping the total number of H-1B visas at 75,000 annually, including those for the non-profit and research sectors, which are currently exempt from such limits. In cases where the program is oversubscribed, she suggested that visas be allocated to employers offering the highest salaries, using compensation as a proxy for skill level.

A central argument in Vaughan’s testimony is the assertion that the United States does not face a labor shortage, either in skilled or low-wage occupations. She pointed to the millions of working-age Americans who have exited the labor market and highlighted that over two million U.S. citizens with STEM degrees are either unemployed or not working in STEM fields, representing about one-sixth of the total. This perspective challenges the common justification for high levels of foreign worker admissions and calls for a reevaluation of visa programs to prioritize opportunities for American workers.

Addressing the Role of Staffing Companies

Vaughan also criticized the role of staffing companies in sponsoring foreign visa workers. She argued that these firms often operate on a business model designed to replace U.S. workers with foreign labor willing to accept lower wages. Additionally, she raised concerns about illegal hiring practices, such as charging workers unlawful recruitment fees and exploiting them in both skilled and low-wage positions.

To mitigate these issues, Vaughan recommended prohibiting staffing companies from sponsoring foreign workers and holding all employers accountable for high overstay rates among their sponsored employees. The issue of visa overstays extends beyond individual cases, impacting broader immigration enforcement and policy considerations. The U.S. Department of Homeland Security has reported a total overstay rate of 3.64% in 2022, with more than 850,000 foreign visitors remaining in the country beyond their authorized period. This figure represents a significant increase from previous years and underscores the challenges in monitoring and enforcing visa compliance.

The high number of overstays among student and exchange visitors is particularly concerning, as these programs are designed to promote cultural exchange and educational advancement. The integrity of these programs is compromised when participants fail to adhere to the terms of their visas, leading to calls for stricter enforcement and policy reforms.