An expert recently told US lawmakers that over 7,000 students and exchange visitors from India stayed in the US longer than allowed in 2023, which is the highest number from any country. This has caused concern about the US immigration system, and the expert suggested changes to prevent this from happening again. Jessica M. Vaughan, who works at the Centre for Immigration Studies, gave this information to the US House Committee on the Judiciary. The committee is working on ways to improve the enforcement of immigration rules and deal with people overstaying their visas.

High overstay rates of student visas

In 2023, many countries had a high number of people who overstayed their student and exchange visitor visas in the US. Vaughan pointed out that 32 countries had overstay rates higher than 20%. Brazil, China, Colombia, and India had the highest number of overstays, with India having the largest number—over 7,000 people who stayed past the time allowed for their visas. The F and M visas, which are for students, had the highest overstay rates. The F-1 visa is for students who want to study full-time at recognised schools, while the M-1 visa is for people in vocational or non-academic programs.

Vaughan suggested that the US should make changes to its immigration rules to fix the problem of overstays. One of her main ideas was that student visa applicants should have to prove they plan to return to their home country after finishing their studies. Right now, applicants can say they want to study and possibly stay in the US later, but Vaughan believes they should be required to show they intend to leave once their studies are over.

Changes to H-1B visas for skilled workers

Vaughan also talked about the H-1B visa program, which lets US companies hire foreign workers for special jobs that need technical skills. She suggested making several changes to this program. First, she proposed that H-1B visas should only last for two years, with a chance to extend them for up to four years. She also recommended that there should be no automatic extension of these visas if someone applies for a Green Card. Vaughan also suggested putting a limit on the number of H-1B visas, capping them at 75,000, including those for nonprofit and research jobs, which currently have no limit. If there are more people wanting H-1B visas than available spots, she proposed giving the visas to employers who pay the highest wages, as this would likely mean they are hiring the most skilled workers.

Vaughan also said that the federal government should only approve visa workers in very special cases. This would help make sure the US doesn’t rely too much on foreign workers when there’s no real shortage of workers in the country.

No labour shortage in the US, Vaughan claims

Vaughan disagreed with the idea that there is a shortage of workers in the US, especially in special or low-wage jobs. She explained that millions of people who could work in the US are not looking for jobs. Even in fields like science, technology, engineering, and mathematics (STEM), there are over two million Americans with STEM degrees who are either unemployed or not working in their field. Vaughan believes that instead of relying on foreign workers, Congress should focus on creating more job opportunities for Americans by changing the visa programs.

Issues with staffing companies and worker exploitation

Vaughan also criticised staffing companies that hire foreign workers with visas. She said these companies often replace American workers with foreign workers who are willing to work for lower pay. These companies have been linked to illegal hiring practices, such as charging workers illegal fees and taking advantage of them, both in skilled and low-wage jobs.

Vaughan suggested that staffing companies should not be allowed to hire foreign workers with visas. Instead, she recommended that the employers who hire foreign workers be responsible for any visa overstays related to their workers. This would make sure that employers are keeping track of the workers’ visa rules and managing their workforce properly.

Vaughan’s suggestions are meant to tackle the growing issue of visa overstays and the US's dependence on foreign workers. She believes that limiting H-1B visas, making student visa applicants prove they’ll return home after their studies, and cracking down on staffing companies will create a fairer immigration system that focuses on helping American workers. If these changes are made, they could change how the US handles immigration and visas in the future.