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International Education MattersA
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American Competitiveness Through March 1, 2005 Seeking to reverse the decline in the number of international students studying at American colleges, universities, and high schools, Senators Norm Coleman (R-MN) and Jeff Bingaman (D-NM) introduced the American Competitiveness Through International Openness Now Act of 2005, also known as the ACTION Act of 2005, on February 17. The legislation calls for improvements in visa processing, including allowing U.S. embassies more discretion in waiving visa interviews, amending a 50-year old provision which requires consular officers to presume prospective foreign students are intending immigrants, reducing SEVIS fees for short-term visitors, and providing latitude to consular officers to issue visitor rather than student visas to some short-term English language students. The bill also sets standards for timeliness in security reviews of pending applications. “From a foreign policy perspective,” noted Coleman in a floor statement introducing the bill, America needs all the Ambassadors of goodwill we can get. In a world that too often hates Americans because they do not know us, international education represents an opportunity to break down barriers. It is in our local and national interest for the best and brightest foreign students to study in America because these are people who will lead their nations one day. The experience they gain with our democratic system and our values gives them a better understanding of what America is and who Americans are.” Coleman acknowledged in his statement that “policies implemented to keep our country safe in the wake of September 11 have had the unintended consequence of dramatically reducing the number of international students studying in the United States.” He added that, “total international applications to U.S. graduate schools fell 28 per cent from fall 2003 to fall 2004, and 54 per cent of all English as a Second Language (ESL) programs have reported declines in overall applications at a time where countries such as the U.K, Canada, and Australia are experiencing increases.” “The presence of international students on campuses gives American students an irreplaceable opportunity to learn about other cultures and points of view,” Coleman said. “I think this is an economic competitiveness issue, too”, he continued. “Attracting the world’s top scientific scholars helps to keep our economy competitive. Too many of the world’s best scientists are opting against studying in the U.S. because of the barriers we have imposed. We need the world’s best and brightest to continue to do their research here, and to continue to use their talents to improve American innovation and ultimately create American jobs. Many of America’s most innovative business leaders and top CEOs came to the U.S. as international students.” Echoing Coleman’s comments, Bingaman noted that an area “we must address in order to ensure U.S. competitiveness in the world economy is visa processing for scientists, engineers, and students wishing to come to the United States. Red tape and delays, although improving, still plague our overseas embassies and threaten our long-term economic security.” The bill builds on similar legislation introduced by Coleman last summer to improve visa processing. It would express the sense of Congress that improvements in visa processing should include: an operational visa policy that articulates the national interest of the U.S. in denying entry to visitors who seek to harm the U.S. and in opening entry to legitimate visitors, and to guide consular officers in achieving the appropriate balance; a greater focus by the visa system on visitors who require special screening, while minimizing delays for legitimate visitors; a timely, transparent and predictable visa process, through appropriate guidelines for interagency review of visa applications; and a provision of the necessary resources to fund a system that meets these requirements. It would require that the Secretary of State issue guidance to consular officers, giving them appropriate discretion to: grant waivers of personal interviews for legitimate travelers in order to minimize delays while permitting more thorough interview of visa applicants in appropriate cases. It would also establish a presumption of visa approval for frequent visitors who have previously been granted visas for the same purpose and who have no status violations. The bill adds a new provision that would extend this presumption of approval for those who have been previously approved for visas and had to leave the U.S. for family emergencies. Another new section of the bill would help intensive English programs compete with their counterparts in the UK and Australia by giving consular officers discretion, on a country-by-country and case-by-case basis, to determine whether certain short-term English programs should require visitor visas rather than student visas. The bill seeks to update a 50-year old criterion for visa approval, Section 214(b) of the Immigration and Nationalities Act, which requires students and other visitors to the U.S. to show “essential ties” to their home countries and no intention of emigrating to the U.S. Coleman noted in his floor statement that, “in this age of globalization, it is increasingly difficult for a 20-year old to do this. Many have lived and studied in other countries, and some have lost their parents to AIDS. They don’t own a house or a business, they don’t have spouses or children. Consular officers treat every student as an intending immigrant, and it is exceedingly difficult for a student to prove otherwise.” The bill would replace the existing requirement with one in which the applicant must show he/she has sufficient financial means and a legitimate academic intent to complete a bona fide course of study in the U.S. The legislation would reduce the fee for the Student and Exchange Visitor Information System (SEVIS) to $35 for short term study programs of less than 90 days. It would also call for a study on the feasibility of collecting SEVIS fees only after a student has been approved for his/her visa, or of refunding the SEVIS payment if the student is denied a visa. In terms of database management, the legislation would allow universities to make minor database corrections to student records in the database themselves. It also calls for sufficient resources to be made available for cases where changes cannot be made by university representatives so that they are done in a timely manner. The bill calls for the development of policies that would prohibit detention or deportation of a student who is found to be out of status as a result of a SEVIS database error and seeks a review of SEVIS procedures and technology in order to streamline the processes and reduce the time it takes universities and programs to enter data into the system. The bill would require the President to institute guidelines for inter-agency review of visa applications requiring security clearances, with standards for timeliness for international student, scholar, scientist and exchange visitor visas. It would also require a report to Congress on: the feasibility of expediting visa processing for participants in official exchange programs, and for students, scholars and exchange visitors through pre-screening of applicants by appropriate entities; the feasibility of developing abilities to collect biometric data without requiring a visit to the Embassy by the visa applicant; and progress in implementing the guidance for visa processing and the effect of this guidance and training on visa processing volume and timeliness. Coleman noted that, “While the State Department has made some very important strides such as extending the validity of Visas Mantis security clearances and speeding up their processing time, there are still too many qualified students unable to get visas to study in America, and too many who today are deterred from even applying.” Bingaman added that the changes to U.S. visa policies since September 11 have had “a significant impact on scientific collaboration with other countries and have made it problematic for exchange students to come to the United States with the ease they once enjoyed. While the United States has an obligation to thoroughly vet visa applicants”, he said, “we need to find ways to do so that keep us engaged with the rest of the world and keep our efforts focused on those that seek to do us harm. “Our international economic competitors are taking proactive steps to encourage highly talented students and graduates to come to their countries and study in their universities,” Bingaman noted. “In contrast, the attitude that the United States seems to be projecting to highly talented foreign scientists and students is one of complacency. This not only damages our image abroad, but also hampers research in the nation’s laboratories and universities. “Our university system is the envy of the world, and where we have a long-standing record of producing the best trained and most innovative scientists and engineers, and we must not concede our leadership in this area,” Bingaman stated. The bill also calls for the United States to develop a strategic marketing plan similar to strategies implemented by the UK, EU, Canada and Australia, “to help America regain lost ground in attracting the world’s best and brightest,” said Coleman. “There is a perception around the world that America is no longer a welcoming place, so we need to be deliberate and smart in our efforts to change that view.” The plan would delineate the roles of the Departments of State, Commerce, Education and Homeland Security in promoting and facilitating access to the U.S. for foreign students, scholars, scientists, and exchange visitors. The bill would also call for more strategic use of the State Department’s 450 overseas advising centers. It would require the President to submit the strategic plan to Congress within 180 days of enactment of the legislation. The legislation also expresses the sense of Congress that the United States should negotiate reciprocity agreements with foreign countries with the goal of mutual agreement on extending the validity of student and scholar visas to four years and permitting multiple entries on student and scholar visas. It seeks an annual report to Congress on the implementation of the strategic plan on negotiations on reciprocity agreements as well as measures taken to enhance international student access and improve interagency coordination. The report would include tracking information on the number of visitors who apply for visas, the number of visas that are approved and/or denied, the average processing time, and the number of students and international visitor visas that require interagency review. Coleman concluded his comments stating, “International education brings too much to our campuses, our communities, our economy and our national security to become another victim of the age of terrorism. If we can take ACTION to reverse the decline now, all Americans will reap the benefits for decades to come.” Copyright 2005 by This file was updated on March 6, 2005 |
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