By: Allen E. Kaye

Summary
Earlier this month, the Congressional Research Service reported to Congress on its updated findings on "Foreign Students in the United States." Following is the report:

Five years after the September 11, 2001, terrorist attacks by foreign nationals < including several terrorists on students visas < the security concerns over foreign student visas are being supplanted by competitiveness concerns. Potential foreign students, as well as all aliens, must satisfy Department of State (DOS) consular officers abroad and immigration inspectors upon entry to the United States that they are not ineligible for visas under the so-called "grounds for inadmissibility" of the Immigration and Nationality Act, which include security and terrorist concerns. The consular officers who process visa applicants are required to check the National Counterterrorism Centeršs (NCTC) automated lookout systems before issuing any visa. In part because of these security measures, student visa debates have shifted from security to market-based discussions.

Higher education institutions in the United States are concerned over their ability to attract the numbers and quality of foreign students, and whether the new post-September 11 security measures impede the entry of potential students into the U.S. education system. The fields of science, technology, engineering and mathematics (STEM) increasingly rely on foreign students, and these fields hold a top priority with most research institutions. Furthermore, the U.S. economy has shown a high demand for the skill-sets produced in these fields of study, and the STEM students provide a crucial link between the academic community and the labor market. Consequently, with the easing of security concerns, many groups in higher education and the private sector are seeking to expand pathways for foreign students to emigrate.

All nonimmigrant students are issued visas from one of three categories, and are monitored and tracked by the Department of Homeland Security (DHS). The three visa categories used by foreign students are F visas for academic study; M visas for vocational study; and J visas for cultural exchange. The numbers admitted have more than doubled over the past two decades. In FY1979, the total number of foreign student and cultural exchange visas issued by DOS consular officers was 224,030 and comprised 4% of all nonimmigrant visas issued. In FY2005, DOS issued 565,790 visas to F, J, and M non-immigrants, making up 10.5% of all nonimmigrant visas issued. The Student and Exchange Visitor Information System (SEVIS) aims to manage the tracking and monitoring of foreign students. Participation in the SEVIS program is now mandatory for all higher education institutions enrolling foreign students.

Issues and legislation related to foreign students continue to arise. The funding and English-language competency of foreign students have raised concerns with some universities, advocacy groups, and other observers. Additionally, recent legislation has focused on attracting foreign students in STEM fields. Legislation passed in the Senate (S. 2611) would create pathways to citizenship for foreign students in the STEM fields of study. Although there are provisions in this legislation for undergraduate students, the major focus has been on students obtaining advanced degrees. This report will be updated as warranted.

Foreign Students in the United States: Policies and Legislation

Background
Since the Immigration Act of 1924, the United States has expressly permitted foreign students to study in U.S. institutions. Most foreign students are at least 18 years old and are enrolled in higher education programs. If they attend public high schools in the United States, the law requires that foreign students pay tuition, with some exceptions. It also bars the admission of foreign students for the purpose of attending public elementary schools. Although foreign students are also barred from receiving federal financial assistance, many are successful at gaining financial assistance from the colleges and universities they attend.

Foreign students enrich the cultural diversity of the educational experience for U.S. residents as well as enhance the reputation of U.S. universities as world-class institutions. Although their presence is generally viewed as a positive one, concerns have arisen in recent years that have caused Congress to take a new look at the Immigration and Nationality Act (INA) provisions that govern their admission. The September 11, 2001 terrorist attacks conducted by foreign nationals < including several terrorists on foreign student visas < are raising a series of questions about foreign students in the United States, their rights and privileges, the extent to which the U.S. government monitors their presence in this country, and whether U.S. policy hampers the ability of domestic higher education institutions to attract foreign students.

Foreign Student Visas
There are three main avenues for students from other countries to temporarily come to the United States to study, and each involves admission as a nonimmigrant. A nonimmigrant is an alien legally in the United States for a specific purpose and a temporary period of time. There are more than 20 major nonimmigrant visa categories, and they are commonly referred to by the letter that denotes their subsection in the law. The three visa categories used by foreign students are F visas for academic study; M visas for vocational study; and J visas for cultural exchange.

Those entering as secondary school students are only admitted for one year.