Summary in Plain Language
Recently, the United States has been intensively implementing a series of visa tightening policies, which affect the entire process from international students entering the country, to their internships after graduation, to the work permits for highly skilled foreigners. The main goal is to drive out cheaper, more replaceable foreign workers and prioritize the employment of American citizens. However, most of these strict measures have not yet been officially enacted. It is almost certain that once they are implemented, they will face lawsuits from businesses and international students, and are likely to be halted by the courts. Overall, the U.S. has not completely closed the door to studying and working in the country, but the previously assumed easy path of “staying for an extended period while studying” has now become much more difficult and uncertain than ever.
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Detailed Explanation
1. This is not just a change to a single rule; it affects the entire process from studying to working in the U.S.
Many people thought that the tightening of U.S. visas would only affect the visa application process. However, this time, the changes affect every step of the process. The rules that have already taken effect or are about to take effect hit the most vulnerable groups:
- Starting September 15, student visas will no longer offer unlimited legal residency. Previously, F1/J1 students could stay in the U.S. indefinitely as long as they were enrolled in school. Now, the maximum stay is limited to 4 years, and doctoral students will need to apply for an extension separately if their studies exceed 4 years. After graduation, the previous 60-day grace period for finding a job has been reduced to 30 days; if a job cannot be found within 30 days, the student must leave the country.
- Starting September 9, the cost of work visas has increased. Large companies with 50 or more employees, many of whom hold H1B or L1 visas, will have to pay an additional $4,000–$4,500 to extend these visas.
- Further proposed rules are even more draconian: The application fee for a new H1B visa could be set at $100,000, and there are rumors that the OPT (Optional Practical Training) program for international students after graduation could also incur a $100,000 fee. If a foreigner loses their job after obtaining a visa, they may only have a few days before being forced to leave the U.S.
2. The exorbitant application fees are not meant to cover administrative costs; they are a tool for screening applicants.
The U.S. government is using high fees as a means of screening applicants. Previously, the application fee for an H1B visa was only a few thousand dollars, and many companies hired foreigners to cut costs, sometimes even at the expense of American workers. With the new fee of $100,000, companies will likely try to hire American workers first. Only if they cannot find a suitable American candidate will they consider hiring a foreigner. This effectively screens out cheaper, more replaceable workers, achieving the Trump administration’s goal of protecting American jobs. The additional revenue from these fees will be used to fund immigration agencies, customs, and immigration courts, essentially making foreign applicants pay for the U.S. immigration system.
3. The U.S. government cannot change immigration policies at will; there are legal constraints.
Many people think that the president can make whatever changes he wants, but the U.S. immigration system is governed by the Immigration and Nationality Act, which was enacted by Congress. The executive branch’s power to change policies is limited. Last year, the government attempted to charge a $100,000 H1B fee, but this was ruled illegal by the courts because the fee was much higher than the actual cost of processing the visa. The new $100,000 fee places the entire cost of the immigration system on the shoulders of the few successful applicants each year, which has no relation to the actual service provided. Such fees are likely to face legal challenges and are unlikely to be implemented smoothly.
4. The door to studying and working in the U.S. has not been completely closed, but the traditional path is no longer feasible.
There are exaggerated claims that all international students will be expelled. Basic visa categories such as F1 student visas, OPT internships, and H1B work permits have not been abolished. However, the previously assumed path of “getting an H1B visa and eventually obtaining a green card” is no longer feasible. Now, applicants must consider additional risks, such as whether their visas can be renewed after 4 years, whether employers will pay the high fees, and whether policies might change suddenly. This adds significant uncertainty to the cost of studying in the U.S.
5. Top-tier talents are unaffected.
For highly skilled professionals in fields like chip technology or AI, the situation is different. Companies in Silicon Valley are willing to pay high fees for such talents, and institutions like universities and research organizations do not have to pay the H1B fee. Therefore, these individuals are still welcome to study in the U.S.
6. Those planning to study in the U.S. need to rethink their approach.
Previously, the process was to choose a school and major first, and then consider whether to stay and how to stay after arriving. Now, families planning to send their children abroad must consider whether the major is in high demand in the U.S. and whether employers can afford the associated visa costs. It’s no longer worth investing millions in a field with low job prospects. However, top-tier talents are still highly sought after and are not affected by these policies.
In summary, while the U.S. government is trying to protect American jobs, it is facing significant legal and practical barriers to its visa tightening efforts. The traditional path of studying and working in the U.S. has become much more difficult and uncertain than before.