Order Code RL31146
Foreign Students in the United States:
Policies and Legislation
Updated January 31, 2008
Chad C. Haddal
Analyst in Immigration Policy
Domestic Social Policy Division

Foreign Students in the United States:
Policies and Legislation
Summary
More than six years after the September 11, 2001, terrorist attacks by foreign
nationals — including several terrorists on student visas — the security concerns
over foreign student visas are being weighed against competitiveness concerns.
Potential foreign students, as well as all aliens, must satisfy Department of State
(DOS) consular officers abroad and immigration inspectors upon entry to the United
States that they are not ineligible for visas under the so-called “grounds for
inadmissibility” of the Immigration and Nationality Act, which include security and
terrorist concerns. The consular officers who process visa applicants are required to
check the consolidated Terrorist Screening Database (TSDB) before issuing any visa.
In part because of these security measures, student visa debates have expanded to
include both security and market-based discussions.
Higher education institutions in the United States are concerned over their
ability to attract the numbers and quality of foreign students, and whether the post-
September 11 security measures impede the entry of potential students into the U.S.
education system. The fields of science, technology, engineering and mathematics
(STEM) increasingly rely on foreign students, and these fields hold a top priority
with most research institutions. Furthermore, the U.S. economy has a high demand
for the skill-sets produced in these fields of study, and the STEM students often
provide a major link between the academic community and the labor market.
Consequently, many groups in higher education and the private sector are seeking to
expand pathways for foreign students to emigrate to the United States.
All nonimmigrant students are issued visas from one of three categories, and are
monitored and tracked by the Department of Homeland Security (DHS). The three
visa categories used by foreign students are F visas for academic study; M visas for
vocational study; and J visas for cultural exchange. The numbers admitted have
more than doubled over the past two decades. In FY1979, the total number of
foreign student and cultural exchange visas issued by DOS consular officers was
224,030 and comprised 4% of all nonimmigrant visas issued. In FY2006, DOS
issued 642,097 visas to F, J, and M nonimmigrants, making up 11% of all
nonimmigrant visas issued. The Student and Exchange Visitor Information System
(SEVIS) aims to manage the tracking and monitoring of foreign students.
Participation in the SEVIS program is now mandatory for all higher education
institutions enrolling foreign students.
A diverse set of issues related to foreign students, including foreign student
funding and English-language competency, has raised concerns with some
universities, advocacy groups, and other observers. Additionally, some recent
legislation has focused on attracting foreign students in STEM fields. Legislation
introduced in the House (H.R. 1645) and in the Senate (S. 1639) would create
pathways to legal permanent residence for foreign students in the STEM fields of
study. Although there are provisions in this legislation for undergraduate students,
the emphasis has been on students obtaining advanced degrees. This report will be
updated as warranted.

Contents
Background . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
Foreign Student Visas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
F Visa . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
J Visa . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
M Visa . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Duration of Status Visa . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Processing, Screening, and Reporting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Agency Involvement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Screening Procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Security Concerns . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Student and Exchange Visitor Information System (SEVIS) . . . . . . . . . . . . 7
Trends and Characteristics . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Foreign Students on Non-Student Visas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Current Issues . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
Foreign Students and Funding . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
Foreign Students and Language Competence . . . . . . . . . . . . . . . . . . . . . . . 20
New Pathways to Permanent Residence . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
Legislation in the 110th Congress
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
List of Figures
Figure 1. F, J, and M Nonimmigrant Visas Issued in FY2006 . . . . . . . . . . . . . . 10
Figure 2. Region of Origin for F and M Nonimmigrants, FY2006 . . . . . . . . . . . 11
Figure 3. Academic Levels of Foreign Students, 2006-2007 . . . . . . . . . . . . . . . 12
Figure 4. Major Fields of Study for Foreign Students, 2006-2007 . . . . . . . . . . . 13

Foreign Students in the United States:
Policies and Legislation
Background1
Since the Immigration Act of 1924, the United States has expressly permitted
foreign students to study in U.S. institutions. Most foreign students are at least 18
years old and are enrolled in higher education programs. If they attend public high
schools in the United States, the law requires that foreign students pay tuition, with
some exceptions. It also bars the admission of foreign students for the purpose of
attending public elementary schools. Although foreign students are also barred from
receiving federal financial assistance, many are successful at gaining financial
assistance from the colleges and universities they attend.2
Foreign students are generally considered to enrich cultural diversity of the
educational experience for U.S. residents as well as enhance the reputation of U.S.
universities as world-class institutions. Concerns have arisen in recent years that
have caused Congress to take a new look at the Immigration and Nationality Act
(INA) provisions that govern their admission. The September 11, 2001 terrorist
attacks conducted by foreign nationals — including several terrorists on foreign
student visas — raised a series of questions about foreign students in the United
States, their rights and privileges, the extent to which the U.S. government monitors
their presence in this country, and whether U.S. policy hampers the ability of
domestic higher education institutions to attract foreign students.
Foreign Student Visas
There are three main avenues for students from other countries to temporarily
come to the United States to study, and each involves admission as a nonimmigrant.
A nonimmigrant is an alien legally in the United States for a specific purpose and a
temporary period of time. There are more than 20 major nonimmigrant visa
categories, and they are commonly referred to by the letter that denotes their
1 This report was originally authored by Ruth Ellen Wasem.
2 T.B. Hoffer, V. Welch, Jr., K. Williams, M. Hess, K. Webber, B. Lisek, D. Loew, and I.
Guzman-Barron, Doctorate Recipients from United States Universities: Summary Report
2004
(Chicago: National Opinion Research Center, 2005). (The report gives the results of
data collected in the Survey of Earned Doctorates, conducted for six federal agencies, NSF,
NIH, USED, NEH, USDA, and NASA by NORC), p.60.

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subsection in the law.3 The three visa categories generally used by foreign students
are F visas for academic study; M visas for vocational study; and J visas for cultural
exchange.
F Visa
The most common visa for foreign students is the F-1 visa. It is tailored for
international students pursuing a full-time academic education. The F-1 student is
generally admitted as a nonimmigrant for the period of the program of study, referred
to as the duration of status.4 The law requires that the student have a foreign
residence that they have no intention of abandoning. Their spouses and children may
accompany them as F-2 nonimmigrants.
To obtain an F-1 visa, prospective students also must demonstrate that they have
met several criteria:
! They must be accepted by a school that has been approved by the
Attorney General.5
! They must document that they have sufficient funds or have made
other arrangements to cover all of their expenses for 12 months.6
! They must demonstrate that they have the scholastic preparation to
pursue a full course of study for the academic level to which they
wish to be admitted and must have a sufficient knowledge of English
(or have made arrangements with the school for special tutoring, or
study in a language the student knows).
Once in the United States on an F visa, nonimmigrants are generally barred from
off-campus employment. Exceptions are for extreme financial hardship that arises
after arriving in the United States and for employment with an international
organization.7 F students are permitted to engage in on-campus employment if the
employment does not displace a U.S. resident. In addition, F students are permitted
to work in practical training that relates to their degree program, such as paid
research and teaching assistantships. An alien on an F visa who otherwise accepts
employment violates the terms of the visa and is subject to removal and other
penalties discussed later in this report.
3 §101(a)(15) of INA.
4 Those entering as secondary school students are only admitted for one year.
5 Schools that wish to receive foreign students must file a petition with DHS district director.
The particular supporting documents for the petition depend on the nature of the petitioning
school. Once a school is approved, it can continue to receive foreign students without any
time limits; however, the approval may be withdrawn if DHS discovers that the school has
failed to comply with the law or regulations.
6 F, J, and M students are barred from federal financial aid. See §484(a)(5) of the Higher
Education Act of 1965, as amended.
7 The Immigration Act of 1990 created an F-1 pilot employment program, but authority for
this pilot off-campus work program expired September 30, 1996.

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J Visa
Foreign students are just one of many types of aliens who may enter the United
States on a J-1 visa, sometimes referred to as the Fulbright program. Others admitted
under this cultural exchange visa include scholars, professors, teachers, trainees,
specialists, foreign medical graduates, international visitors, au pairs, and participants
in student travel/work programs. Those seeking admission as a J-1 nonimmigrant
must be participating in a cultural exchange program that the U.S. Department of
State’s Bureau of Educational and Cultural Affairs (BECA)8 has designated. They
are admitted for the period of the program.9 Their spouses and children may
accompany them as J-2 nonimmigrants.
Responsible officers of the sponsoring organizations must be U.S. citizens. The
programs that wish to sponsor J visas also must satisfy the following criteria:
! be a bona fide educational and cultural exchange program, with
clearly defined purposes and objectives;
! have at least five exchange visitors annually;
! provide cross-cultural activities;
! be reciprocal whenever possible;
! if not sponsored by the government, have a minimum stay for
participants of at least three weeks (except for those designated as
“short term” scholars);
! provide information verifying the sponsoring program’s legal status,
citizenship, accreditation, and licensing;
! show that they are financially stable, able to meet the financial
commitments of the program, and have funds for the J
nonimmigrant’s return airfare;
! ensure that the program is not to fill staff vacancies or adversely
affect U.S. workers;
! assure that participants have accident insurance, including insurance
for medical evacuations; and
! provide full details of the selection process, placement, evaluation,
and supervision of participants.10
As with F visas, those seeking J visas must have a foreign residence they have
no intention of abandoning. However, many of those with J visas have an additional
foreign residency requirement in that they must return abroad for two years if they
wish to adjust to any other nonimmigrant status or to become a legal permanent
resident in the United States. This foreign residency requirement applies to J
nonimmigrants who meet any of the three following conditions:
8 This bureau was formerly the United States Information Agency (USIA).
9 As with secondary students entering with F-1 visas, J-1 students in secondary school
programs are only admitted for up to one year.
10 22 CFR §514.

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! An agency of the U.S. government or their home government
financed in whole or in part — directly or indirectly — their
participation in the program.
! The BECA designates their home country as clearly requiring the
services or skills in the field they are pursuing.
! They are coming to the United States to receive graduate medical
training.
There are very few exceptions to the foreign residency requirement for J visa
holders who meet any of these criteria — even J visa holders who marry U.S. citizens
are required to return home for two years.11 Although many aliens with J-1 visas are
permitted to work in the programs in which they are participating, the work
restrictions for foreign students with a J-1 visa are similar to those for the F visa.
M Visa
Foreign students who wish to pursue a non-academic (e.g., vocational) course
of study apply for an M visa. This visa is the least used of the foreign student visas.
Much as the F students, those seeking an M visa must show that they have been
accepted by an approved school, have the financial means to pay for tuition and
expenses and otherwise support themselves for one year, and have the scholastic
preparation and language skills appropriate for the course of study. Their spouses
and children may accompany them as M-2 nonimmigrants. As with all of the student
visa categories, they must have a foreign residence they have no intention of
abandoning. Those with M visas are also barred from working in the United States,
including in on-campus employment.
Duration of Status Visa
Although most nonimmigrants are admitted with visas that have a precise
expiration date, foreign postsecondary students are admitted for “duration of status,”
which lasts as long as they are full-time students or participating according to the
terms of their exchange programs. It is difficult for DHS to know when foreign
students have overstayed because the duration of status lacks a fixed termination date
and schools, although required to report students who stop attending, have not been
required until recently to systematically report data on the progress of the foreign
student (see below).
For many years, a foreign student was admitted for only one year and had to
renew his or her visa each subsequent year for as long as he or she was enrolled. The
former-INS then issued regulations in 1978 and 1981 allowing for visa validity
periods longer than one year. In regulations in 1983 and 1987 that were aimed at
“eliminating burdensome paperwork,” the same agency reduced the reporting
11 INA §212(e) provides only a few exceptions, including cases of exceptional hardship to
the spouse or child of a J-1 if that spouse or child is a U.S. citizen or permanent resident
alien and in cases of persecution on the basis of race, religion, or political opinion if the
alien returned home, and if it is in the national interest not to require the return.

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requirements and established the “duration of status” policy that remains in practice
currently.12
Processing, Screening, and Reporting
Agency Involvement
Nonimmigrant foreign students are processed by four different federal agencies
during their tenure as applicants to and foreign students at United States higher
education institutions. The first U.S. institution involved is the Department of State
(DOS), which conducts the applicant interviews and either grants or rejects the visa
applications. Once a nonimmigrant arrives at a United States port of entry, the
individual receives an inspection by the Customs and Border Protection (CBP). The
student’s arrival is reported to the Immigration and Custom Enforcement (ICE) for
entry in to the Student and Exchange Visitor Information System (SEVIS). After
entry, the alien’s academic institution is responsible for reporting information to the
SEVIS database. The SEVIS information is then shared with DOS, CBP, and the
U.S. Citizenship and Immigration Services (USCIS). The latter agency is responsible
for adjudicating any adjustments in visa status the foreign students wishes to make.
Screening Procedures
Potential foreign students, as well as all aliens, must satisfy DOS’s consular
officers abroad and DHS inspectors upon entry to the United States that they are not
ineligible for visas under the so-called “grounds for inadmissibility” of the INA.
These criteria include security and terrorist concerns as well as health-related grounds
and criminal history.13 Some provisions may be waived/overcome in the cases of
nonimmigrants, refugees, and certain other aliens. To become a nonimmigrant,
aliens also must demonstrate that they are not “intending immigrants” (i.e., wanting
to reside permanently in the United States).14
In terms of criminal, security and terrorist concerns, the consular officers who
process visa applicants are required to check the consolidated Terrorist Screening
Database (TSDB)15 before issuing any visa; thus, the names of foreign students are
12 Federal Register, vol. 44, November 22, 1978, p. 54620; Federal Register, vol. 46,
January 23, 1981, p. 7267; Federal Register, vol. 48, April 5, 1983, p. 14575; and Federal
Register
, vol. 52, April 22, 1987, p. 13223.
13 §212(a) of INA lists the grounds for inadmissibility categories as: health-related grounds;
criminal history; security and terrorist concerns; public charge (e.g., indigence); seeking to
work without proper labor certification; illegal entrants and immigration law violations;
lacking proper documents; ineligible for citizenship; and, aliens previously removed.
14 For background and analysis of visa issuance policy and activities, see CRS Report
RL31512, Visa Issuances: Policy, Issues, and Legislation, by Ruth Ellen Wasem.
15 The TSDB is maintained by the Terrorist Screening Center (TSC), which is a multiagency
collaborative effort administered by the Federal Bureau of Investigation (FBI). For more
information, see CRS Report RL33645, Terrorist Watchlist Checks and Air Passenger
(continued...)

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run through various databases, as are those of all other nonimmigrants seeking a visa
to enter the United States. In FY2006, DOS identified 15 potential nonimmigrants
(i.e., foreign nationals coming temporarily) as inadmissible because of student visa
abuse. Comparatively, DOS identified 4,924 potential nonimmigrants as
inadmissible on criminal, security or terrorist concerns in FY2006.16 It is not known
how many, if any, of these latter potential nonimmigrants were seeking to enter the
United States on student visas.
The Immigration and Nationality Act of 1952 originally included a requirement
that all visa applicants be fingerprinted, with waivers for A visa (diplomats) and G
visa (representatives of international organizations) nonimmigrants.17 The statutory
requirement for fingerprinting nonimmigrants was repealed in 1986, but the Attorney
General still has the discretionary authority to require fingerprints of aliens applying
for nonimmigrant visas “for the purposes of identification and investigation.”18
Security Concerns
In 1995, the former-INS began a review of the admission and monitoring of
foreign students. Impetus for the review came in part from former Federal Bureau of
Investigation Director Louis Freeh who expressed concern that possible terrorists
could use foreign student status as a way of entering the United States.19 Those
concerned with the security risks of the foreign student visa often pointed out that
one of the men convicted in the 1993 World Trade Center terrorist bombing had
entered the United States on a student visa, dropped out of school, and yet stayed in
the country.
Former INS Commissioner Doris Meisner emphasized plans to automate a
foreign student reporting and monitoring system when she testified before the Senate
Committee on the Judiciary’s Subcommittee on Immigration in 1995.20 The former-
INS had not been maintaining the addresses of foreign students, and reviews of the
reporting system questioned the accuracy of the data.21 The National Commission on
15 (...continued)
Prescreening, by William J. Krouse and Bart Elias.
16 The inadmissibility of members and supporters of foreign terrorist organizations can be
waived under §212(d), which provides the Attorney General with that authority, if he deems
that it is in the national interest to do so. Such waivers are usually granted at the request of
the Secretary of State, with the concurrence of the Attorney General.
17 Immigration and Nationality Act of 1952, P.L. 82-414.
18 Immigration and Nationality Amendments of 1986, P.L. 99-653. See CRS Report
RL31570, Immigration: Alien Registration, by Andorra Bruno.
19 For a discussion of Mr. Freeh’s memorandum, see Interpreter Releases, vol. 71,
December 19, 1994.
20 U.S. Congress, Senate Committee on the Judiciary, Examining Nonimmigrant
Immigration Issues
, hearing, 104th Cong., 1st sess., September 28, 1995, S.Hrg. 104-814,
Serial No. J-104-48 (Washington: GPO, 1995).
21 There have long been record keeping requirements for schools with foreign students
(continued...)

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Terrorism, a bi-partisan commission established by Congress, cited the vulnerability
of the foreign student visa in its June 2000 report, which recommended, among other
things, that the former-INS automated system to monitor foreign students be
enhanced and expanded.22 Reports that several of the terrorists involved in the
September 11 attacks entered the United States on foreign student visas led many
others to echo earlier calls for a better monitoring system.
Student and Exchange Visitor Information System (SEVIS)
When Congress enacted the Illegal Immigration Reform and Immigrant
Responsibility Act (IIRIRA) of 1996, it added statutory language mandating that the
Attorney General (now Secretary of Homeland Security), in consultation with the
Secretaries of State and Education, develop by January 1, 1998, a program to collect
data on F, J, and M nonimmigrants from at least five countries. By 2003, the data
collection requirement included all countries. This provision, §641 of IIRIRA,
requires that DHS collect the following data elements:
! identity and address of the alien;
! nonimmigrant classification of the alien, date of visa issuance, and
any change or extension;
! academic status of the alien (e.g., full-time enrollment); and
! any disciplinary action taken by the school, college, or university as
a result of a crime committed by the alien.
21 (...continued)
covering such information as name, address, country of citizenship, enrollment status, and
field of study. The regulations were revised in 1983 so that schools no longer had to report
changes in status directly to the former-INS. Since 1983, schools have had 3 business days
to respond to requests for information about a foreign student. DHS can bar schools that did
not meet record keeping requirements from enrolling foreign students. (8 CFR §214.3(g)(1))
22 National Commission on Terrorism, Countering the Changing Threat of International
Terrorism
, June 5, 2000.

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DHS is to collect the information electronically “where practical.”23 According to
§641 of IIRIRA, educational institutions are required to report this information to
DHS as a condition of continued approval to enroll foreign students.24
From June 1997 to October 1999, the former-INS conducted the first pilot
program known as the Coordinated Interagency Partnership Regulating International
Students (CIPRIS) at 21 educational institutions in Georgia, Alabama, North
Carolina, and South Carolina, at Atlanta’s Hartsfield Airport, and at the former-INS
Texas Service Center. In July 2001, the former-INS announced that the second phase
of its foreign student monitoring system, referred to as the Student and Exchange
Visitor Information System (SEVIS), would begin at 12 Boston area institutions.
According to published statistics, there are currently 9,012 SEVIS-approved schools
and 996,263 current active international non-immigrant students, exchange visitors,
and their dependants in SEVIS.25
Prior to September 11, 2001, some university officials argued they would be
turned into an enforcement agent of the former-INS and expressed concern that the
confidentiality of their student records would be compromised.26 Although
educational institutions stopped their calls to repeal §641 of IIRIRA after the terrorist
attacks and now support a tracking system, many educational institutions across the
23 Foreign students who wish to study in the United States must first apply to a SEVIS
certified school. Once the student is admitted, the school enters the student’s name and
identifying information into the SEVIS system. This process produces an I-20 form
(Certificate of Eligibility for Nonimmigrant Student Status) for F and M nonimmigrants and
a Form DS-2019 for J nonimmigrants, with both forms being generated by the SEVIS
computer program. The foreign student may then apply for a student visa with the United
States Embassy or Consulate in his or her home country. The consular officer then enters
the visa information into SEVIS, confirming that the student is in the SEVIS database. A
visa may only be issued within 90 days of the course of study registration date. Applications
received more than 90 days in advance are held until a visa can be issued.
Prior to arrival in the United States, all educational nonimmigrant visa holders are
required to have paid a SEVIS fee (i.e., those applying for student visas, or to change their
nonimmigrant status to students). The regulation specifies that the fee is to be $100, and can
be paid electronically with a credit card, or by mail with a check or money order drawn on
a U.S. bank and payable in U.S. dollars. Applicants for J-1 visas who work as au pairs,
camp counselors, or participants in summer work travel programs are subject to a reduced
fee of $35, whereas J-1 visa holders who are visitors in an exchange program sponsored by
the federal government are exempt from paying the fee. IIRIRA §431(e) as amended by
§110 of P.L. 106-553 (signed into law on December 21, 2000). The operating budget for
SEVIS comes from the fee collection.
24 The law also required, as of April 1, 1997, that the educational institutions collect a fee
(not to exceed $100) from each of the foreign students to remit to the Attorney General to
carry out the program. The 106th Congress amended this provision so that INS rather then
the institutions would collect the fee (P.L. 106-396).
25 U.S. Department of Homeland Security, Immigration and Customs Enforcement, Student
and Exchange Visitor Information System: General Summary Quarterly Report
, June 7,
2007, p. 3, at [http://www.ice.gov/doclib/sevis/pdf/quarterly_report_june07.pdf], visited
September 20, 2007.
26 Interpreter Releases, vol. 74, March 17, 1997.

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country expressed frustration about these new reporting requirements. They argued
that the SEVIS is burdensome and that DHS is not providing training to staff who
must use SEVIS.27 All continuing foreign students were required to be entered into
SEVIS as of August 2003.28
Following the full implementation of SEVIS in 2003, there has not been much
legislative activity on foreign student monitoring. Some believe that SEVIS has been
left relatively unaltered because of high-profile incidents that have positively
contributed to the SEVIS image with the general public. Notably, the data from
SEVIS resulted in the detection of several instances of unaccounted alien students,
including some as recent as the summer of 2006. In this high profile incident, 11
Egyptian student visa holders were admitted at U.S. ports of entry, but never reported
to classes or to the appropriate SEVIS officials at Montana State University.
University officials reported the absence to DHS, which was able to locate and
apprehend all of the 11 students.29 Incidents such as this one are generally accepted
as indicators that SEVIS is working as intended.
At this time, SEVIS appears to be an adequate system for monitoring students
and alerting authorities to suspicious behavior or unlawful movement.30 Yet,
concerns continue with respect to whether increased security is detracting from the
United States’ ability to attract the number and quality of foreign students that higher
education proponents advocate. The fields of science, technology, engineering and
mathematics (STEM) have become particularly dependent upon foreign students, and
these fields hold a top priority with most research institutions. Furthermore, the U.S.
economy has a high demand for the skill-sets produced in these fields of study, and
the STEM students can provide a major link between the academic community and
the labor market.31 Consequently, with security measures now implemented, many
27 Statement of Terry W. Hartle, American Council on Education, in U.S. Congress, House
Committee on the Judiciary, Subcommittee on Immigration, Border Security, and Claims,
hearing, INS’s Implementation of the Foreign Student Tracking Program, September 18,
2002.
28 Federal Register, vol. 67, no. 238 (December 11, 2002), pp. 76256-76280.
29 U.S. Department of Homeland Security, Immigration and Customs Enforcement, SEVIS
Newsletter
, vol. 3 no. 3 (October 2006), p. 1.
30 ICE maintains that the SEVIS program may be regarded as a success (U.S. Immigration
and Customs Enforcement, “Garcia Says Sevis Program Ready for Fall Influx of Foreign
Students,” Inside ICE, vol. 1, no. 10 (August 30, 2004), p. 1). Advocacy groups have moved
away from lobbying against the SEVIS system as a whole and have begun monitoring the
accuracy of SEVIS data (Institute of International Education, “Student and Exchange Visitor
Information System (SEVIS) and Related Issues,” September 19, 2003, at
[http://www.opendoors.iienetwork.org/?p=35847], visited December 10, 2007).
31 Although conventional wisdom holds that there is a shortage of both STEM teachers and
students, critics have questioned whether data actually support such assertions (Testimony
of Michael S. Teitelbaum Vice President of the Alfred P. Sloan Foundation,in U.S.
Congress, House Committee on Science and Technology, Subcommittee on Technology and
Innovation, The Globalization of R&D and Innovation, Pt. IV: Implications for the Science
and Engineering Workforce
, hearings, 110th Cong., 1st sess., November 6, 2007
(Washington: GPO, 2007).

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groups in higher education and the private sector are seeking to develop pathways to
immigration for foreign students.32
Trends and Characteristics
Foreign students have been coming to study in the United States for almost a
century, and the numbers admitted have more than doubled over the past two
decades. In FY1979, the total number of F and J visas issued by DOS consular
officers was 224,030 and comprised 4% of all nonimmigrant visas issued.33 In
FY1989, the number of F, M, and J visas had grown to 373,932, constituting 5% of
all nonimmigrant visas DOS issued. By FY2006, the most recent year data are
available, DOS issued 642,097 visas to F, J, and M nonimmigrants, and these
categories made up 11% of all nonimmigrant visas issued.34 As Figure 1 illustrates,
J cultural exchange visitors lead all educational visa categories with 340,055 visas
issued in FY2006.35 The F academic students followed with 294,637, and the M
students trailed with 7,405 visas issued in FY2006.
Figure 1. F, J, and M Nonimmigrant Visas Issued in FY2006
Students and Exchange Visitors
Family and Dependents
350,000
30,104
300,000
20,748
250,000
ed
u
200,000
s Iss
309,951
150,000
isa
273,889
V
100,000
50,000
Primary Visa
Dependents
Holders
178
7,227
0
Academic (F)
Cultural Exchange (J)
Vocational (M)
Source: CRS presentation of U.S. Department of State, Bureau of Consular Affairs, Report of the Visa
Office: 2006
data.
Note: While Department of State data from the Report of the Visa Office: 2006 on the program type
of the J visa recipient are not available, the Open Doors2006 survey by the Institute of International
Education reports that roughly 5% of foreign students are on J visas, but over half of international
scholars are on J visas.
32 For example, see NAFSA: Association of International Educators ( National Association
of Foreign Student Advisers), “NAFSA Supports International Student and Employment
Provisions,” public policy statement, at [http://www.nafsa.org/public_policy.sec/internation
al_student_1/immigration_reform_issues/proposed_changes_to_immigration].
33 The M visa was not established until 1981 by P.L. 97-116.
34 U.S. Department of State, Bureau of Consular Affairs, Report of the Visa Office: 2006.
35 Although a large number of J visa holders are exchange students, a number are
participants in work exchange programs and other non-academic programs.

CRS-11
The largest sending region of the world for F and M student visas is Asia, as
Figure 2 depicts. FY2006 data show Asia having 65% of the 301,985 visas issued
to F and M nonimmigrants in FY2006, representing 196,281 visas issued. Europe
had the second largest portion with roughly 18%, or 55,349. North and South
American countries had smaller portions, with 17,736 and 17,415, respectively, or
approximately 6% each. Africa’s share of F and M nonimmigrant visas issued was
13,233 or roughly 4% of the total, while Oceania’s 1,971 visas issued constituted
approximately 1% of the total for F and M visas.36
Figure 2. Region of Origin for F and M Nonimmigrants, FY2006

South America
6%
Oceania
Africa
1%
4%
North America
6%
Europe
18%
Asia
65%
Source: CRS presentation of U.S. Department of State, Bureau of Consular Affairs, Report of the Visa
Office: 2006
data.
Note: N = 302,042.
According to International Educational Exchange’s Open Doors survey of U.S.
colleges and universities, the largest group (45%) of foreign students enrolled in
2005-2006 were in graduate degree programs.37 As Figure 3 presents, the second
largest portion (29%) were enrolled in undergraduate degree programs. An
additional 11% were enrolled in associate degree programs. Foreign students
36 NAFSA: Association of International Educators ( National Association of Foreign Student
Advisers) estimates that foreign students and their dependents contributed more than $13.29
billion to the U.S. economy during the 2004-2005 academic year. This figure does not
include any potential “multiplier effects.” (NAFSA: Association of International Educators,
The Economic Benefits of International Education to the United States for the 2004 — 2005
Academic Year: A Statistical Analysi
s, 2006, at [http://www.nafsa.org/public_policy.sec/
international_education_1/economic_impact_statements_2005], visited September 19,
2007).
37 Koh Chin, Hey-Kyong, and Rajika Bhandari, Open Doors 2006: Report on International
Educational Exchange
, New York: Institute of International Education, 2006.

CRS-12
enrolled in other programs (including practical training programs) comprised 14%
of the foreign student total.38
Figure 3. Academic Levels of Foreign Students, 2006-2007
300,000
264,288
250,000
ts
n
e

tud 200,000
S
170,195
n
ig
re
150,000
Fo
100,000
r of
e

67,855
80,646
mb
u

50,000
N
0
Associates
Bachelor's
Graduate
Other
Education Level
Source: CRS Presentation of data from Koh Chin, Hey-Kyong, and Rajika Bhandari, Open Doors
2006: Report on International Educational Exchange
, New York: Institute of International Education,
2006.
The fields of study undertaken by foreign students appear to be quite diverse,
as Figure 4 shows. The largest category is business and management, which is the
field of study for 18% of foreign students. Engineering along with physical and life
sciences follow with 15% and 9%, respectively. Mathematics and computer sciences
and social sciences each accounted for 8% of the student population. The number
of students participating in optional practical training has seen a marked increase in
the last couple of years and currently accounts for 8% of foreign students’ major
study fields.39
38 Trade schools, such as flight schools, generally do not participate in this privately-
conducted annual survey.
39 For example, in 2006/07 there were 43,883 foreign students in optional practical training,
while in 2004/05 there were 28,432 foreign students in these same programs (Koh Chin,
Hey-Kyong, and Rajika Bhandari, Open Doors 2006: Report on International Educational
Exchange
, New York: Institute of International Education, 2006).

CRS-13
Figure 4. Major Fields of Study for Foreign Students, 2006-2007

Optional Practical
Training
Agriculture
8%
1%
Undeclared
Business and
3%
Management
18%
Intensive English
Language
4%
Other
Education
10%
3%
Social Sciences
Engineering
8%
15%
Physical and Life
Fine and Applied Arts
Sciences
5%
9%
Mathematics and
Health Professions
Computer Sciences
5%
8%
Humanities
3%
Source: CRS Presentation of data from Koh Chin, Hey-Kyong, and Rajika Bhandari, Open Doors
2006: Report on International Educational Exchange
, New York: Institute of International Education,
2006.
Note: N = 582,984.
Foreign Students on Non-Student Visas
Although the INA contains specific categories for intending students, almost all
classes of nonimmigrant visitors are permitted to attend schools in the United States.
Generally, the visa holders’ course work must be incidental to their primary purpose
for being in the United States. As shown in Table 1 below, the principal visa holder
in all classes of nonimmigrants except “B” visitors,40 “C” aliens in transit,41 and “D”
crewmen may attend school.42 Moreover, the majority of these categories also permit
spouses and minor children to attend school. However, because school attendance
40 8 CFR §214.2(b)(7). Recreational and avocational types of studies, however, are
permitted.
41 8 CFR §214.2(c).
42 8 CFR §214.2(d).

CRS-14
is incidental to the visa’s primary purpose, the visas may not be extended to complete
a course of study. As such, all nonimmigrant categories except aliens in transit,
crewmen, “K” fiancees and spouses of U.S. citizens,43 and “S” witnesses and
informants44 are allowed to change status to the F, J, or M nonimmigrant categories.
Nonimmigrant students who are in the United States on other than F, J, or M
visas may attend the school of their choice on either a part-time or full-time basis
(with exceptions noted in Table 1), including schools that are not SEVIS-approved.
Provided that school enrollment and attendance does not supercede the
nonimmigrant’s primary intent under his or her existing visa category (or in no other
way violates the terms of the visa), the nonimmigrant may continue to pursue course
work. Investigation of student activities and the determination of visa violations are
made by ICE agents. ICE generally encourages nonimmigrants who wish to pursue
education in the United States to apply for change of status to an F, J, or M
nonimmigrant visa.45 Moreover, if the nonimmigrant wishes to pursue employment
resulting from educational attainment, he or she must apply for work authorization,
as well as for change of status to a qualifying nonimmigrant visa.
The reporting requirements of SEVIS transfer to neither non-educational visa
holders nor programs without enrolled F, J, or M visa holders. A foreign national
enrolled on a non-educational visa is not required to submit documentation in the
SEVIS system. Schools are required to report only on foreign students with F, J, or
M visas, and if the school does not enroll those classes of nonimmigrants, it is not
required to be SEVIS approved for nonimmigrant visa holders to attend. The
application and admissions process for both SEVIS and non-SEVIS-certified
programs varies from school to school, but with the exception of the SEVIS
document requirements,46 the required documentation standard is set by the school.
In the wake of the September 11 terrorist attacks, Congress chose to increase the
monitoring of educational visas. However, it did not create restrictions on other
nonimmigrant visas to prevent school attendance by nonimmigrants without one of
the three educational visas. Therefore, SEVIS serves as a monitoring system for
foreign nationals admitted on educational visas, but it does not monitor foreign
students as a whole. As an example, a trucking school may not be SEVIS-certified
but may still enroll a nonimmigrant on an “E” treaty trader or investor visa.
Although the school would still have other reporting requirements, they would not
be immigration-related; rather, they would represent the aggregate data on legal
operations, as well as the distribution of federal and state-provided student funding.
If the students do not receive federal funds and none of the students are on F, J, or M
43 8 CFR §214.2(k).
44 8 CFR §214.2(t)(12).
45 For example, see DHS Immigration and Customs Enforcement, Becoming a
N o n i m m i g r a n t S t u d e n t i n t h e U n i t e d S t a t e s
, J u n e 2 0 0 7 , a t
[http://www.ice.gov/sevis/becoming_nonimmigrant_student_52007.htm], visited December
5, 2007.
46 Thus, F and M visa holders must have a SEVIS I-20 Form, while J visa holders must have
a Form DS-2019 as provided by the program sponsor. All educational nonimmigrants must
also submit the SEVIS I-901 Form along with the required $100 fee for students.

CRS-15
visas, the trucking school has neither the incentive, nor an instrument, for reporting
on its foreign student population to immigration authorities.

CRS-16
Table 1. Nonimmigrant Eligibility for Student Status, by Class
Full-Time Study
May Apply
Post Secondary
Required for
to Change
8 CFR Reference
Principal
Spouse May
K-12 Allowed
Allowed for
Children 21 to
Status to F-
Allowing Spouses
May Attend
Attend
For Minor
Unmarried
23(25) to Maintain 1, M-1 or J-
Nonimmigrant Class
And Children
School
School
Children
Minor Children
Dependent Status
1
A. Foreign Government Official
214.2(a)(1)(i) & (iii)
yes
yes
yes
yes
yes (1)
yes
B. Visitors
no (2)
NP
no (3)
no
NP
yes (4)
C. Aliens in Transit
no
NP
NP
NP
NP
NP
D. Crewmen
no
NP
NP
NP
NP
NP
E. Treaty Traders and Treaty Investors
214.2(e)(4)
yes
yes
yes
NP
NP
yes
F. Academic or Language Students
214.2(f)(15)
yes (5)
yes (6)
yes
yes (7)
NP
NP
G. Representatives to International
214(2)(g)(1)(iii) & (iv)
yes
yes
yes
yes
yes (8)
yes
Organizations
H. Temporary Workers
214.2(h)(9)(iv)
yes
yes
yes
yes
NP
yes
I. Foreign Media Representatives
yes
NP
NP
NP
NP
yes
J. Exchange Visitors
214.2(j)(1)(i)
yes
yes
yes
yes
NP
yes (9)
K. Fiancé(e)s and Spouses of U.S. citizens
214.2(k)(3)
yes
yes
yes
yes
NP
no
L. Intracompany Transferees
214.2(l)(7)(ii)
yes
yes
yes
yes
NP
yes
M. Vocational or other Nonacademic Students
214.2(m)(17)
yes (10)
yes (11)
yes
yes (12)
NP
yes (13)
N. Certain Parents and Children of Section
214.2(n)
yes
NP
yes
yes
NP
yes
101(a)(27)(I) Special Immigrants
O. Workers with Extraordinary Abilities 214.2(o)(6)(iv)
yes
yes
yes
yes
NP
yes
P. Artists, Athletes, and Entertainers
214.2(p)(1) and
yes
yes
yes
yes
NP
yes
(8)(iii)(D)
Q. International Cultural Exchange Visitors
214.2(q)(1)(ii)
yes
yes
yes
yes
NP
yes
R. Religious Workers
214.2(r)(4) and (8)
yes
yes
yes
yes
NP
yes

CRS-17
Full-Time Study
May Apply
Post Secondary
Required for
to Change
8 CFR Reference
Principal
Spouse May
K-12 Allowed
Allowed for
Children 21 to
Status to F-
Allowing Spouses
May Attend
Attend
For Minor
Unmarried
23(25) to Maintain 1, M-1 or J-
Nonimmigrant Class
And Children
School
School
Children
Minor Children
Dependent Status
1
NATO North Atlantic Treaty Organization
214.2(s)(1) and (2)
yes
yes
yes
yes
yes (14)
yes
S. Witnesses and Informants
214.2(t)(3)
yes
yes
yes
yes (15)
NP
NP
T. Alien Victims of Human Trafficking
214.11(o)(11)
yes (16)
yes
yes
yes
NP
yes
U. Alien Victims of Certain Crimes
Pending
yes (16)
yes
yes
yes
NP
yes
V. Certain Second Preference Beneficiaries
214.15(a) and (g)
yes
yes
yes
yes
NP
yes
Source: CRS presentation of information from DHS Immigration and Customs Enforcement, Nonimmigrants: Who Can Study?, May 2006, at [http://www.ice.gov/doclib/sevis/
pdf/Nonimmigrant%20Class%20Who%20Can%20Study.pdf], visited November 30, 2007.
Notes: NP = No Provision in Statute or Regulation. Only F, J and M students are limited to attendance at SEVIS-approved schools and programs. Nonimmigrants who are attending
school incidental to their primary purpose for being in the United States may attend the school of their choice either part-time or full-time (unless otherwise noted). However, these
nonimmigrants must abide by the rules of their current status and cannot extend their stay in the United States for the purposes of completing a program of study or a degree. Spouses
and children who derive their status from that of the principal may not remain in the United States beyond the period approved for the principal in order to continue schooling. In most
cases, children lose their derivative status at the age of 21 and must apply for a change of status to F-1 or M-1 if they wish to remain in the United States to continue their course of
study.
(1) Dependent children of Foreign Government Officials who are age 21 to 23 (and up to age 25 if a bilateral agreement exists) may remain in the United States with derivative status
if the child attends a post-secondary school full-time. Consular officials may also issue dependent visas to other close relatives. Anyone with derivative A status may study incidental
to that status.
(2) Visitors may, however, engage in study that is merely avocational or recreational in nature.
(3) In some cases, a B-2 child is allowed to study if accompanying a parent and the study is incidental to reason for the parent traveling to the United States. For example, missionaries
may enter as a B-2 and the children may attend K-12 school while the parent is pursuing the primary purpose of the visit. The length of stay will not be extended to allow a minor child
to complete a school year.
(4) B nonimmigrants that apply for a change of status to an F or M nonimmigrant student may not begin attending school until the change of status is approved
(5) F-1 nonimmigrants must attend a SEVIS Certified School full-time.
(6) An F-2 spouse may not engage in a full course of study, but may engage in study that is merely avocational or recreational in nature. To engage in a full course of study, an F-2
spouse must apply for and be granted F-1, M-1, or J-1 status.

CRS-18
(7) An F-2 child may not engage in study at the post-secondary level, but may engage in recreational or avocational study. To study at the post-secondary level, the child must apply
for and be granted F-1, M-1, or J-1 status.
(8) Dependent children of Representatives to International Organizations who are age 21 to 23 (and up to age 25 if a bilateral agreement exists) may remain in the United States with
derivative status if the child attends a post-secondary school full-time.
(9) J-1 nonimmigrants who are subject to the section 212(e) two-year foreign residence requirement must fulfill or obtain a waiver of that requirement before they may apply for
immigrant status or status as an H or L nonimmigrant. J nonimmigrants who are subject to the INA 212(e) two-year foreign residence requirement cannot change from J to F-1 status,
but can consular process to F-1. J nonimmigrants who received graduate medical education are not eligible for change of status to F-1 regardless of whether or not they are subject to
212(e), but also may consular process to F-1.
(10) M-1 nonimmigrants must attend an SEVIS Certified School full-time.
(11) An M-2 spouse may not engage in a full course of study, but may engage in study that is merely avocational or recreational in nature. To engage in a full course of study, an M-2
spouse must apply for and be granted F-1, M-1, or J-1 status.
(12) An M-2 child may not engage in study at the post-secondary level, but may engage in recreational or avocational study. To study at the post-secondary level, the child must apply
for and be granted F-1, M-1, or J-1 status.
(13) An M-1 cannot apply for a change of status to an F-1.
(14) Dependent children of North Atlantic Treaty Organization (NATO) Officials who are age 21 to 23 (and up to age 25 if a bilateral agreement exists) may remain in the United States
with derivative status if the child attends a post-secondary school full-time.
(15) Includes a married or unmarried son or daughter. There is no age limit.
(16) Where the principal is under 21, their parents and unmarried siblings under 18 who are in T/U status are also allowed to study.

CRS-19
Current Issues
After dedicating the years since the September 11 terrorist attacks to improving
security and tracking measures for foreign students, universities are now gearing their
efforts toward attracting foreign students in high-demand fields of study.
Foreign Students and Funding
A newly emerging foreign student focus is the targeting of students intending
to specialize in the areas of STEM. This focus is part of a broader movement within
higher education that emphasizes STEM-related skill development.47 Foreign
students in these fields of study represent a particularly attractive demographic for
most universities since they provide skilled assistants and other forms of research
labor during their time of study. Furthermore, undergraduate foreign students pay
full tuition and are therefore an important source of revenues for many universities.
This is highly relevant in discussions of STEM students, because foreign students
constitute a significant portion of the overall STEM student population. For
example, data from the National Science Foundation (NSF) show that in 2004,
foreign students on nonimmigrant visas accounted for 28.4% of all the doctorates in
the sciences and 57.2% of all the doctorates in engineering.48 Institute of
International Education’s (IIE) Open Doors data collection shows that STEM
students accounted for 33.1% of foreign students in the 2005-2006 academic year.49
An ongoing point of contention for both STEM and non-STEM alike has been
the availability of fellowships and teaching assistantship funding for foreign graduate
students. Although these foreign graduate students are ineligible for direct aid from
the government, most receive work-supported aid from the universities, where the
funds stem from federally funded research grants to the university. This arrangement
has been an ongoing source of controversy.50 A 2004 study revealed that a greater
percentage of financial support for doctoral students goes to non-U.S. citizens than
to U.S. citizens. According to the survey, 85.5% of temporary visa doctoral
recipients received some form of assistantship, traineeship, fellowship, or dissertation
grant as their primary source of funding. By comparison, similar funding support
was received by 75.9% of permanent visa holders, 61.6% of U.S. citizens, and 69%
47 For discussion on domestic STEM development, see CRS Report RL33434, Science,
Technology, Engineering, and Mathematics (STEM) Education Issues and Legislative
Options,
by Jeffrey J. Kuenzi, Christine M. Matthews, and Bonnie F. Mangan.
48 National Science Foundation, Division of Science Resources Statistics, Science and
Engineering Doctorate Awards: 2004
, NSF 06-308, Project Officer, Susan T. Hill
(Arlington, VA, 2006), pp. 3-6, 66-67.
49 Open Doors 2005: Report on International Educational Exchange, Hey-Kyung Koh Chin,
ed. (New York: Institute of International Education, 2005).
50 See for example House Subcommittee on Immigration and Claims, Impact of Immigration
on Recent Immigrants and Black and Hispanic Citizens, 106th Cong., 1st Sess., March 11,
1999, p.22, prepared statement of Julian R. Betts, Associate Professor, Department of
Economics, University of California, San Diego.

CRS-20
of all doctoral recipients.51 U.S. minority groups argue being particularly
disadvantaged by the university support of foreign students because these foreign
students may financial support allotted for minorities.52 Among ethnic groups,
approximately 44.0% of African Americans and 48.3% of American Indians use their
own resources to support their graduate studies, as compared with 32.8% of
Caucasians, 32.7% of Hispanics, and 18.1% of Asian Americans.53
Foreign Students and Language Competence
Complaints have been levied against the support of foreign graduate students
due to the lack of English competence.54 Foreign students are required to take the
Test of English as a Foreign Language (TOEFL) in order to demonstrate that they
could effectively study and provide instruction in English. In Asian countries, such
as China, cases of identity fraud have occurred at the test taking centers.55 Students
with lower levels of English competence have reportedly paid others to conduct the
test in their place while falsely presenting themselves as the student seeking
admission to a U.S. institution.56 Universities have had difficulty determining
whether TOEFL scores are fraudulent until the student actually arrives in the United
States. At this time, written offers of support have already been extended to the
student and accepted. Although English-language competency persists as a problem
for many programs, some university programs have reacted by not admitting any
graduate students from countries with a history of fraudulent TOEFL scores, or
requiring additional in-person interviews and making admission conditional upon
successfully completing such interviews.57
51 T.B. Hoffer, V. Welch, Jr., K. Williams, M. Hess, K. Webber, B. Lisek, D. Loew, and I.
Guzman-Barron, Doctorate Recipients from United States Universities: Summary Report
2004
(Chicago: National Opinion Research Center, 2005). (The report gives the results of
data collected in the Survey of Earned Doctorates, conducted for six federal agencies, NSF,
NIH, USED, NEH, USDA, and NASA by NORC), p. 60.
52 See for example House Subcommittee on Immigration and Claims, Impact of Immigration
on Recent Immigrants and Black and Hispanic Citizens, 106th Cong., 1st Sess., March 11,
1999, p. 33, prepared statement of Frank L. Morris, former Dean, Morgan State University.
53 Doctorate Recipients from United States Universities: Summary Report 2004, p. 60.
54 Gravois, John, “Teach Impediment - When Students Can’t Understand the Instructor, Who
Is to Blame?,” The Chronicle of Higher Education, vol. 51, April 8, 2005, p. A10, and
Bollag, Burton, “New Test of English as a Foreign Language Puts an Emphasis on
Speaking,” The Chronicle of Higher Education, vol. 52, October 7, 2005, p. A49.
55 Mooney, Paul. “Chinese Court Reduces Penalty for Pirating Exams.” The Chronicle of
Higher Education
, January 14, 2005, p.35.
56 For example, see Louie Valencia, U.S. uncovers TOEFL exam scam, Niner Online,
October 25, 2002, at [http://media.www.nineronline.com/media/storage/paper971/news/
2002/10/25/StateNational/U.s-Uncovers.Toefl.Exam.Scam-2004539.shtml], visited
December 5, 2007.
57 Bollag, Burton. “New Test of English as a Foreign Language Puts an Emphasis on
Speaking,” The Chronicle of Higher Education, vol. 52, October 7, 2005, p. A49.

CRS-21
New Pathways to Permanent Residence
Many employers in STEM-related fields find the hiring of U.S. trained alien
graduates to be an enticing prospect because of the diminishing proportion of U.S.
citizens to foreign nationals among STEM-trained graduates. For those students on
F-category nonimmigrant visas, a relationship with an employer can be built through
the use of the optional training period. For up to 12 months after graduation, an F-
visa student can serve as an intern for a United States firm without having to adjust
his or her visa. Some firms find this option appealing because it can help bring in
needed skills without being restricted to numerical limits or the same strict criteria
as the H-1B visa for nonimmigrant professional workers.58
For those students who pursue optional practical training with a U.S. employer,
the training period becomes a valuable opportunity to develop a relationship with an
employer that could eventually result in an employment-based petition for permanent
residence. Any individual wishing to come to the United States as an employment-
based legal permanent resident (LPR) must have the employer submit a petition on
his/her behalf. Because of the diminishing proportion of U.S. citizens to foreign
nationals among STEM-trained graduates, some employers have pushed for the
lengthening of the optional practical training period, as well as the creation of direct
pathways to LPR status for foreign students in U.S. higher education institutions.59
Such proposals are reflected in some recent legislation.
Legislation in the 110th Congress
Comprehensive immigration reform was the subject of much discussion at the
start of the 110th Congress, but because of stalled efforts, it is unclear whether such
legislative reform (including student visa reform) will be taken up again in the 110th
Congress.60 Student visa reform is included as a part of more comprehensive
immigration reform in H.R. 1645, the Security Through Regularized Immigration and
a Vibrant Economy Act of 2007 (STRIVE), as well as in S. 1639 (entitled “A Bill to
Provide for Comprehensive Immigration Reform and for Other Purposes”). Each of
these bills would create a new F-1 visa category specifically designed for foreign
students intending to pursue studies in a STEM-related field, while renumbering the
58 There are many anecdotal accounts of foreign students using the optional practical
training period as a means of creating the necessary employer relations for LPR petitions.
While some policymakers consider this a natural and positive chain of events, others
consider this “F-1 to H-1B to LPR” pathway an abuse of the temporary element of
nonimmigrant status and a way to circumvent U.S. worker protection laws. For more
discussion of the H-1B nonimmigrant visa, see CRS Report RL30498, Immigration:
Legislative Issues on Nonimmigrant Professional Specialty (H-1B) Workers
, by Ruth Ellen
Wasem.
59 For example, see “Ease Immigration for Foreign Grad Students,” Minneapolis Star
Tribune
, editorial, November 28, 2005.
60 For an overview of immigration reform issues before the 110th Congress, see CRS Report
RS22574, Immigration Reform: Brief Synthesis of Issue, by Ruth Ellen Wasem.

CRS-22
old F visa categories.61 Students obtaining a newly created F-1 nonimmigrant visa
would not need to demonstrate an intent of departing the United States upon
completion of their studies.62 Students in this category could also pursue optional
practical training periods of up to 24 months after completing their degree.
Furthermore, foreign students on F-class nonimmigrant visas would be allowed to
pursue off-campus work provided that the employer attempted to first hire a similarly
qualified U.S. citizen for a period of 21 days prior to employment. Employers would
be required to pay foreign students the higher of the average or prevailing wage in the
field of employment. The act would also preserve the visa status of foreign students
and exchange visitors who resided within a district declared to have been affected by
Hurricane Katrina or Hurricane Rita.
Generally, the STRIVE Act contains several foreign student provisions not
included in S. 1639. The STRIVE Act would remove LPR numerical limits on
foreign nationals who obtained a master’s degree or higher at a U.S. accredited
university. Others exempted from the numerical limit on LPR status would be aliens
who have earned a master’s degree or higher in science, technology, engineering, or
math (STEM) and have been working in a related field in the United States in a
nonimmigrant status during the three-year period preceding their application for an
employment-based immigrant visa. These exemptions from LPR numerical limits
would not only apply to current and future students, but would also apply to foreign
degree recipients of U.S. universities who received their degree prior to the
legislation.
Another bill entitled the Securing Knowledge, Innovation and Leadership Act
of 2007 (SKIL), or S. 1083, would provide the same visa reforms as those of the
STRIVE Act, with the exception of the provisions for off-campus employment and
displaced students from natural disasters. The bill would create a new F-1 visa
category for STEM students and remove the same LPR numerical limits as those
proposed to be removed through the STRIVE Act. The SKIL Act was previously
included as part of the Comprehensive Immigration Reform Act of 2006 (S. 2611 as
passed by the Senate) in the 109th Congress.63
61 This new category would not displace the other categories. Instead, the other F-visas
would be renumbered such that the current F-1 would become an F-2, the current F-2 would
become an F-3, and the current F-3 would become an F-4.
62 Under current statute, in order for an applicant to qualify for an F visa, the applicant must
appear to have no intention of abandoning his or her foreign residence to permanently
migrate to the United States. (INA §101(a)(15)(F))
63 One provision that existed in S. 2611 as passed by the Senate that does not exist in the
SKIL Act or STRIVE Act is a provision for exchange students. Under the Comprehensive
Immigration Reform Act of 2006, a new J-STEM nonimmigrant category would have been
created for advanced students in higher education cultural exchange programs. In addition
to not needing to demonstrate an intent to depart the United States at the conclusion of their
visa duration, J-STEM visa holders would also not have been subject to the two year foreign
residency requirement before adjusting to a new status, which current J-class visa holders
are subject. (INA §212(e))

CRS-23
The comprehensive immigration legislation introduced by Senators Ted
Kennedy and Arlen Specter on May 21, 2007 (as S.Amdt 1150 to S. 1348)64 includes
the same provision for a new category for STEM students as the STRIVE Act.
Unlike the STRIVE Act, the new STEM category in the Senate proposal would be
numbered F-4. Students on F visas would be allowed to work off-campus as well.
However, the Senate proposal has no provisions for removing LPR numerical limits
on foreign nationals who obtained a master’s degree or higher at a U.S. accredited
university. On June 18, 2007, Senators Kennedy and Specter introduced a
subsequent version of the comprehensive immigration reform legislation as S. 1639,
which although not identical to S.Amdt. 1150 keeps the same foreign student
provisions intact. Among those publically associated with negotiating the
compromise legislation are Homeland Security Secretary Michael Chertoff and
Commerce Secretary Carlos Guteirrez. S. 1639 stalled in the Senate on June 28,
2007, when the key cloture vote failed.
Finally, on December 13, 2007, Representative Bilirakis and eight co-sponsors
introduced H.R. 4577, entitled the “Student Visa Security Improvement Act.” Under
this bill, consular officers would have to review all applications for F, M, or J visas
with special emphasis on determining whether applicants are inadmissable for
terrorist activities.65 Additionally, reporting guidelines to the SEVIS system would
be tightened, requiring institutions or program sponsors to report whether educational
visa holders (1) have active program or institutional attendance; (2) have gone
unobserved for more than 30 days during academic terms; (3) have gone unobserved
for more than 60 days outside academic terms; or (4) have transferred to another
institution or program, or been hospitalized or otherwise incapacitated necessitating
a program absence within the previous 21 days.66 DHS would grant enhanced access
to SEVIS for appropriate additional employees of academic institutions, with at least
one additional authorized user for every 200 educational visa holders. In addition to
existing data entry requirements, authorized users would be required to enter whether
educational visa holders’ performance meet the minimum academic standards at their
institution, as well as the timely entry of academic majors, including changes to
majors
64 S. 1348 was introduced by Senate Majority Leader Harry Reid as a placeholder while the
language for the new immigration reform bill was being negotiated. The placeholder bill
that Senator Reid introduced was S. 2611 from the 109th Congress — a bill which had
previously passed the Senate.
65 The relevant inadmissability criteria for terrorist activities is listed in statute under 8
U.S.C. 1182(a)(3)(B). For more information on inadmissability on terrorist grounds see CRS
Report RL32564, Immigration: Terrorist Grounds for Exclusion and Removal of Aliens, by
Michael John Garcia and Ruth Ellen Wasem.
66 Although the bill authorizes appropriations for its implementation, it is unclear if
institutions and exchange programs would be reimbursed for any additional administrative
costs of complying with the reporting requirements.