Processing Delays Threatening International Students’ Legal Status

Feb 23, 2021

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International students are currently battling the effects of processing delays by Immigration Services, which are threatening their legal status and job offers. As the Biden administration expresses its commitment to comprehensive immigration reform, delays from months back are standing in the way of the U.S.’s ability to retain educated, skilled students and workers from other countries. Senator Bob Menendez recently told the press (at a virtual press conference) that the current system was riddled with inefficiencies and unnecessary bureaucracy. He added, “Under the status quo… we still send graduates educated in our great universities back to their home countries instead of allowing them to drive innovation here in America.” Menendez also lamented the backlogs that are currently stopping family members from reuniting legally.

Asylum Seekers Returning


As reported by immigration law specialists Farmer Law, problems for students can arise in areas such as applications for OPT extensions. These are essentially a 24-month period of temporary training that is directly related to an F-1 student’s program of study in a STEM field. Students who have a STEM degree and who take part in a post-completion OPT can theoretically apply for a STEM OPT extension. However, some applications are being delayed by months owing to small issues. CNBC reports, for instance, that one cybersecurity engineer who earned his Master’s degree in the U.S. prior to opting for a 12-month OPT had his extension denied owing to one credit card transaction. These delays are having an effect on the economy, as well as on the individual students concerned.

Steps Forward


As Immigration works to amend problems caused by delays and backlogs, the first group of 25 asylum seekers crossed the U.S. border recently, with thousands more in Mexico hoping to have the same chance. This was made possible because of President Biden’s dismantling of Trump’s ‘Remain in Mexico’ program. Under Trump's policy, tens of thousands of non-Mexican asylum seekers (mostly hailing from countries in Central America) were sent over the border while they awaited the processing of their applications.

Comprehensive Reform Sought By The Biden Administration


In January 2021, the Biden administration sent its bill to Congress, aiming to modernize the immigration system through sweeping reforms. Just a few issues covered by the bill include labor protection, easing of green card access for employees earning lower wages, reducing waiting times, getting rid of per-country visa caps, and providing the undocumented with a path towards citizenship. Experts report that the chances of the bill passing as it stands are weak, owing to the current political climate. However, it is undoubtedly a way forward in terms of reducing bureaucracy, uniting families, and aiding STEM students to embark upon further study and work in the U.S.

STEM students seeking extensions are currently experiencing big delays. As reported by CNBC, this could have a negative impact on the economy, since international students and the OPT program have been found to generate economic growth in the U.S. It is hoped that the Biden bill will help achieve the change that students and the economy require for greater prosperity.

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