The Impact of US Visa Rules on Science and Technology
New Visa and Green Card measures have a significant impact on the scientific community. Scientific research is vital to the United States' continuing economic strength and security. The Biophysical Society recognizes the importance of national security and supports efforts to safeguard the United States. However, the needs of national security must be balanced with the need to maintain international scientific and technological cooperation and collaboration. If not corrected, current visa regulations will hinder the effectiveness of the United States research enterprise.
White House Proclamation Suspends Green Cards and Visas through 2020
In June 2020, the White House issued an Executive Proclamation to suspend Green Cards and Visas through the end of the year as means to create American job opportunities. The order cited the economic crisis and the coronavirus pandemic as the driving factor behind the suspension. However, the largest target of the order is the H‐1B visa, used by universities and tech firms to hire skilled workers and researchers from other countries – specifically those in Science, Technology, Engineering and Mathematics (STEM) fields. In 2019, the US issued more than 188,000 H‐1B visas and yet during the pandemic, more than 2.5 million STEM jobs remained unfilled. Meaning that curbing immigration will not lead to a clean exchange of trained, qualified American workers with highly technical job opportunities.
The Biophysical Society continues to work to reverse this order.
ICE Reverses Decision to Rescind Student Exemptions for Online Study
BPS submitted an amicus brief in support of the lawsuits brought by several academic institutions in Massachusetts, including MIT and Harvard, to prevent the US Immigration and Customs Enforcement (ICE) from rescinding appropriate exemptions for F-1 and M-1 student visa holders to continue their education and remain in the US during the novel coronavirus pandemic. ICE announced the recission in March of 2020 and the lawsuit proceeded to court in July. Just as arguments were to begin, the government withdrew its objection and reversed the decision to rescind exemptions for non-immigrant students lawfully studying at higher education institutions around the US.
Notice of Proposed Rulemaking to Change Student Visa Duration of Stay Rule
On September 25, 2020, the Department of Homeland Security (DHS) Notice of Proposed Rulemaking (NPRM), docket number ICEB-2019-0006, to make significant changes to the F, J and I visa programs Duration of Stay (D/S) provision. Under current guidelines, F, J and I visa holders can enter the United States for the duration of stay until they complete the course of study or degree for which they were vetted and approved by DHS.
Under the NPRM, these visa holders would be subject to specific limits of two- or four-year periods, depending on their country of origin. The Biophysical Society is specifically concerned with how these arbitrary time limitations will impact foreign students pursuing Science, Technology, Engineering and Math (STEM) degrees. DHS readily acknowledges advanced degree programs will be disproportionately affected by these new rules, but didn't believe it constituted an undue burden to require a renewal every two to four years.
The Biophysical Society submitted extensive comments opposing the changes to the D/S rule and we are awaiting the final decision from DHS on whether the rule will move forward.
Update - January 21, 2021: When the Biden Administration issued its Regulatory Freeze memorandum on January 20, 2021, DHS had not yet sent a final D/S rule to the Office of Management and Budget for review or to the Office of the Federal Register for publication. This memo would likely mean that the final rule could not advance until DHS under new Secretary or their designee reviews and approves the rule.
Update - July 6, 2021: The U.S. Department of Homeland Security (DHS) published their official withdrawal of the proposed rule to change F and J duration of status periods.