India leads in US student visa overstays: 7000 exceeded visa limits

The issue of student visa overstay in the US has drawn attention from policymakers and immigration experts. In 2023, an alarming 20% of student and exchange visitor visa holders from 32 countries failed to depart after their visa expiration, according to U.S. immigration expert Jessica M. Vaughan from the Center for Immigration Studies.

During a hearing on “Restoring Immigration Enforcement in America” before the U.S. House Committee on the Judiciary, Vaughan presented critical findings, urging lawmakers to reform visa policies to curb overstays and improve compliance. Among the affected nations, India recorded the highest number of overstays at 7,000, followed by Brazil, China, and Colombia, each exceeding 2,000 cases.

Visa Categories with the Highest Overstay Rates

Vaughan highlighted that F-1 and M-1 visa holders—students enrolled in full-time academic and vocational programs—contribute significantly to student visa overstay in the U.S. These visa categories enable thousands of international students to pursue education in the country, but many fail to return to their home countries after completing their studies.

Key findings from Vaughan’s testimony include:

F-1 and M-1 visas had the highest overstay rates among all temporary visa categories.
32 countries recorded student visa overstay rates above 20%.
India led with 7,000 overstays, followed by Brazil, China, and Colombia.

Proposed Solutions to Reduce Student Visa Overstay in the U.S.

To tackle this growing issue, Vaughan suggested significant policy changes, including:

Revising the “dual intent” policy – Current rules allow student visa applicants to express interest in staying in the U.S. post-graduation. Vaughan proposed stricter requirements, ensuring students demonstrate a clear intent to return home after completing their studies.

Strengthening visa issuance policies – U.S. embassies and consulates should conduct more rigorous screening to prevent overstays.

Enhancing enforcement measures – Interior enforcement should be prioritized to track visa holders and prevent unauthorized stays.

Holding schools accountable – Institutions with high overstay rates should lose their ability to issue I-20 forms, preventing them from admitting new foreign students.

Concerns Over OPT and CPT Work Programs

A major area of concern is the Optional Practical Training (OPT) and Curricular Practical Training (CPT) programs. These programs allow international students to work in the U.S. post-graduation, despite not being originally authorized by Congress. Currently, around 540,000 former students are working under OPT and CPT, often without adequate oversight.

Critics argue that these programs are vulnerable to fraud, with some students being exploited by diploma mills and unaccredited institutions. Vaughan recommended that Congress impose stricter regulations on schools issuing work authorizations to prevent misuse of these programs.

Reforming the H-1B Visa Program

In addition to student visa overstay in the U.S., Vaughan raised concerns about the H-1B visa program, which allows companies to hire foreign skilled workers. She criticized staffing companies for exploiting foreign labor, often underpaying workers and displacing American employees.

Proposed H-1B visa reforms include:

Reducing the annual cap to 75,000 visas, prioritizing the highest-paid job offers.
Limiting H-1B visas to two years, with an extension up to four years.
Restricting staffing agencies from sponsoring foreign workers.

Scrutiny on Temporary Work Visas

Other visa programs are also facing calls for reform:

H-2A and H-2B visas – Agricultural and seasonal workers may be required to spend at least 180 days in their home country before reapplying. Family visas may also face restrictions.
J-1 visas – Originally meant for cultural exchange, many J-1 visa holders now use the program to gain employment rather than cultural exposure.

Addressing the U.S. Labor Market Needs

Vaughan challenged the argument of a U.S. labor shortage, stating that millions of working-age Americans are unemployed. She pointed to over two million U.S. STEM graduates who are either unemployed or not working in their field. Her testimony called for a stronger focus on domestic workforce development before increasing reliance on foreign labor.

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