Attracting International Students for Higher Education [1 ed.] 9781616683887, 9781607416661

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Copyright © 2010. Nova Science Publishers, Incorporated. All rights reserved. Attracting International Students for Higher Education, Nova Science Publishers, Incorporated, 2010. ProQuest Ebook Central,

Copyright © 2010. Nova Science Publishers, Incorporated. All rights reserved. Attracting International Students for Higher Education, Nova Science Publishers, Incorporated, 2010. ProQuest Ebook Central,

EDUCATION IN A COMPETITIVE AND GLOBALIZING WORLD

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ATTRACTING INTERNATIONAL STUDENTS FOR HIGHER EDUCATION

No part of this digital document may be reproduced, stored in a retrieval system or transmitted in any form or by any means. The publisher has taken reasonable care in the preparation of this digital document, but makes no expressed or implied warranty of any kind and assumes no responsibility for any errors or omissions. No liability is assumed for incidental or consequential damages in connection with or arising out of information contained herein. This digital document is sold with the clear understanding that the publisher is not engaged in rendering legal, medical or any other professional services.

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EDUCATION IN A COMPETITIVE AND GLOBALIZING WORLD

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ATTRACTING INTERNATIONAL STUDENTS FOR HIGHER EDUCATION

RUSSELL C. CARSWELL EDITOR

Nova Science Publishers, Inc. New York

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NOTICE TO THE READER The Publisher has taken reasonable care in the preparation of this book, but makes no expressed or implied warranty of any kind and assumes no responsibility for any errors or omissions. No liability is assumed for incidental or consequential damages in connection with or arising out of information contained in this book. The Publisher shall not be liable for any special, consequential, or exemplary damages resulting, in whole or in part, from the readers’ use of, or reliance upon, this material. Any parts of this book based on government reports are so indicated and copyright is claimed for those parts to the extent applicable to compilations of such works. Independent verification should be sought for any data, advice or recommendations contained in this book. In addition, no responsibility is assumed by the publisher for any injury and/or damage to persons or property arising from any methods, products, instructions, ideas or otherwise contained in this publication. This publication is designed to provide accurate and authoritative information with regard to the subject matter covered herein. It is sold with the clear understanding that the Publisher is not engaged in rendering legal or any other professional services. If legal or any other expert assistance is required, the services of a competent person should be sought. FROM A DECLARATION OF PARTICIPANTS JOINTLY ADOPTED BY A COMMITTEE OF THE AMERICAN BAR ASSOCIATION AND A COMMITTEE OF PUBLISHERS.

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CONTENTS Preface Chapter 1

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Chapter 2

Chapter 3

Chapter 4

vii Higher Education: Approaches to Attract and Fund International Students in the United States and Abroad U. S. Government Accountability Office Higher Education: Challenges in Attracting International Students to the United States and Implications for Global Competitiveness U. S. Government Accountability Office Higher Education: United States’ and Other Countries’ Strategies for Attracting and Funding International Students U. S. Government Accountability Office Foreign Students in the United States: Policies and Legislation Chad C. Haddal

Index

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65 95

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PREFACE More international students obtain a higher education in the United States than in any other country, and they make valuable contributions while they are here. For those students returning home after their studies, such exchanges support federal public diplomacy efforts and can improve understanding among nations. This book focuses on the goals and policies in attracting international students to the United States and the implications for global competitiveness. Chapter 1 - Following September 11, 2001, the number of international students coming to the United States dropped for the first time in over 30 years. While enrollments have rebounded, the U.S. image has declined in the Muslim world and elsewhere. To improve global attitudes toward America, the U.S. government funds higher education for international students to facilitate exchanges, promote understanding among peoples in different countries, and build capacity in developing nations. To provide insight on how higher education is used to advance public diplomacy and development assistance goals, we examined (1) the objectives the United States and selected peer governments seek to advance through higher education for international students and the approaches they employ to attract international students, and (2) the characteristics of major U.S. and peer government programs that fund higher education for international students to support public diplomacy and development goals. GAO collected information from the United States, Australia, China, the European Commission, Germany, and the United Kingdom. Chapter 2 - More international students obtain a higher education in the United States than in any other country, and they make valuable contributions while they are here. For those students returning home after their studies, such

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viii

Russell C. Carswell

exchanges support federal public diplomacy efforts and can improve understanding among nations. International students have earned about one-third or more of all U.S. degrees at both the master’s and doctoral levels in several of the science, technology, engineering, and mathematics fields. Yet recent trends, including a drop in international student enrollment in U.S. colleges and universities, and policy changes after September 11, 2001, have raised concerns about whether the United States will continue to attract talented international students to its universities. This testimony is based on ongoing and published GAO work. It includes themes from a September 2006 Comptroller General’s forum on current trends in international student enrollment in the United States and abroad. Invitees to the forum included experts from the Congress, federal agencies, universities, research institutions, higher education organizations, and industry. Chapter 3 - In the years following September, 11, 2001, the United States experienced its first drop in the number of international students coming to the United States in over 30 years. The United States tightened its immigration policy during this time, which may have made it more difficult for foreign nationals, including international students, to apply for a visa and, subsequently may have fueled the perception that the United States is unwelcoming. While enrollment numbers have started to rebound, they have not returned to pre- September 11 levels. This testimony is based on ongoing and published GAO work. It includes themes from a June 2007 testimony on challenges in attracting international students. It also includes ongoing work to review other countries’ efforts to attract and fund international students. Chapter 4 - In the midst an economic downturn, colleges and universities in the United States are finding themselves confronting economic difficulties. Foreign students have historically been an important source of revenue for colleges and universities because unlike many of their native counterparts, foreign students frequently do not receive financial aid from the university— particularly at the undergraduate level. Despite the financial justifications for admitting large numbers of foreign students, critics of foreign student admissions generally raise two objections. The first objection is that foreign students are potentially displacing United States citizens at top- tier institutions, thereby putting the United States labor force at a competitive disadvantage. The second objection is that foreign students could potentially constitute a security risk. The tension over whether to legislate foreign student admissions levels is part of a broader set of competing policy agendas surrounding economic development and national security. Foreign students sit at the nexus of these competing policies

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Preface

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due to their linkage to both the emerging labor force and their historical ties to security-based vulnerabilities. Thus, a potential issue for the 111th Congress is whether foreign student visas should be numerically limited, or if they should remain uncapped. Additionally, Congress may need to consider whether it should legislate programs that either promote or deter additional admissions of foreign students to the United States. 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 FY2008, DOS issued 767,266 visas to F, J, and M nonimmigrants, making up 11.6% 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. A diverse set of issues related to foreign students, including foreign student funding and English- language competency, has raised concerns with some universities, advocacy groups, and other observers. Additionally, legislation introduced in previous Congresses have focused on attracting more students in science, technology, engineering, and mathematics. Thus, it is likely that similar legislation will be introduced in the 111th Congress.

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In: Attracting International Students for Higher… ISBN: 978-1-60741-666-1 Editor: Russell C. Carswell © 2010 Nova Science Publishers, Inc.

Chapter 1

HIGHER EDUCATION: APPROACHES TO ATTRACT AND FUND INTERNATIONAL STUDENTS IN THE UNITED STATES AND ABROAD 

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United States Governmen Accountability Office WHY GAO DID THIS STUDY Following September 11, 2001, the number of international students coming to the United States dropped for the first time in over 30 years. While enrollments have rebounded, the U.S. image has declined in the Muslim world and elsewhere. To improve global attitudes toward America, the U.S. government funds higher education for international students to facilitate exchanges, promote understanding among peoples in different countries, and build capacity in developing nations. To provide insight on how higher education is used to advance public diplomacy and development assistance goals, we examined (1) the objectives the United States and selected peer governments seek to advance through higher education for international students and the approaches they employ to attract international students, and (2) the characteristics of major U.S. and peer 

This is an edited, reformatted and augmented version of a U. S. Government Accountability Office publication dated April 2008.

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government programs that fund higher education for international students to support public diplomacy and development goals. GAO collected information from the United States, Australia, China, the European Commission, Germany, and the United Kingdom.

WHAT GAO RECOMMENDS This chapter does not contain recommendations. Technical comments from officials representing the programs discussed in this chapter were incorporated as appropriate.

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WHAT GAO FOUND The United States and peer governments we reviewed use higher education for international students to advance diplomatic, development assistance, economic, and other objectives, often concurrently. For example, German officials said that international students studying in science and technology help advance German research and innovation goals while also advancing public diplomacy goals by returning to their home countries as unofficial ambassadors for Germany. Germany as well as other governments we reviewed use a number of approaches to reach and attract overseas students, including marketing their higher education to the international community much as a business would promote a product. For example, many countries promote their higher education systems through national branding, using logos and slogans, such as Australia’s ―Study in Australia‖ and the United Kingdom’s ―Education UK‖ marketing campaigns. Several countries have also taken steps to improve the quality of the study abroad experience. China, for example, has invested significant resources to modernize its schools and added additional academic programs that are aligned with workforce needs. The scholarship programs we reviewed that support public diplomacy and development assistance goals typically select recipients using merit-based criteria, offer graduate-level study, and cover the cost of tuition and other expenses, such as travel and living expenses. However, programs vary widely in the countries and regions they target, funding levels, and number of scholarships awarded. For example, scholarships for public diplomacy

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programs tended to be dispersed to a wider area to maximize their geographic reach. In contrast, development assistance programs tend to be more targeted to particular developing countries and regions. In administering and implementing these programs, government officials cited several strategies they believe facilitate program implementation and contribute to successful program outcomes. For example, some told us that offering preparatory courses or program orientation to all scholarship recipients enhances the students’ chance of success at the host university, and is particularly useful for students who require additional language, cultural, or academic skills. For development assistance programs, some countries align the course of study paid for by their programs with the human resource and capacity-building needs of the sending country. For example, in Australia, officials work with sending governments to identify the most acute development needs and consider these with the applicant’s proposed field of study when awarding scholarships.

ABBREVIATIONS

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OECD USAID

Organisation for Economic Co-operation and Development U.S. Agency for International Development

April 30, 2009 The Honorable William D. Delahunt Chairman Subcommittee on International Organizations, Human Rights, and Oversight Committee on Foreign Affairs House of Representatives After decades of growth in international student enrollment in higher education, the total number of international students studying in the United States leveled off and even dropped slightly between 2002 and 2006, the first decline in over 30 years. In the wake of the September 11, 2001, terrorist attacks, the United States tightened its immigration policy, making it difficult for international students to come to the United States. Although international enrollment has rebounded, and the United States continues to be the leading destination for international students, the U.S. image has declined in both the

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Muslim world and among many of America’s oldest allies, affecting foreign relations and national interests. President Barack Obama recently stated that improving relationships with other countries is important to promoting American interests and ideals. GAO also recently reported that improving the U.S. image abroad is an urgent issue needing presidential and congressional attention.1 The U.S. government seeks to improve global attitudes toward America through a variety of means, including funding higher education in the United States for international students. By funding higher education, the United States seeks to improve global attitudes by facilitating student exchanges that help promote mutual understanding among people in different countries (referred to as public diplomacy) and by providing assistance to developing nations to build their economic, social, and technological capacities (development assistance). To address your interest in how higher education is being used to advance public diplomacy and development assistance goals in the United States and peer nations and to provide Congress with relevant information as it considers ways that higher education can be used to advance these goals, this chapter examines (1) the objectives the United States and selected peer governments seek to advance through higher education for international students and the approaches they employ to attract international students, and (2) the characteristics of major United States and peer government programs that fund higher education for international students to support public diplomacy and development goals. To conduct our study, we selected two U.S. agencies—the Department of State (State) and the U.S. Agency for International Development (USAID)— and five peer governments (Australia, China, the European Commission, Germany, and the United Kingdom) for review. Though many U.S. agencies are involved in promoting U.S. higher education to international students, we limited our scope to State and USAID because they are primarily responsible for funding programs aimed at public diplomacy and development assistance. We selected peer governments based on the following criteria: (1) strong market share of international enrollment, (2) growth in market share of international enrollment, (3) diversity of populations and countries targeted for higher education, and (4) geographic diversity. We also conferred with embassy and government officials and industry experts to obtain their recommendations on which countries to review based on their knowledge of their programs. We selected major scholarship programs of the United States and peer countries for review based on program funding and participation levels, as well as agency and peer government officials’ recommendations. We

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broadly defined public diplomacy programs as those that help to promote mutual understanding among people from different countries, and development programs as those that provide assistance to developing nations to build their economic, social, and technological capacities. During our exploratory work, we found that peer countries’ programs often are designed to achieve multiple goals and that these multiple goals are not always clearly delineated. Thus, we selected programs that had either a public diplomacy or development focus, but may also advance other goals for the country, such as recruiting students who, after completing their studies, will participate in the country’s labor market. Though many of the governments we reviewed may fund a number of smaller scholarship programs, we limited our study to scholarship programs that receive at least $8 million annually, or the equivalent in local currency, and award at least 50 scholarship awards annually based on the information we received. While our focus was on programs that offer education and training in the host country, some of the countries we reviewed, including the United States, also offer education and training to international students within their home nation or a third country. In conducting our study, we relied on program information we gathered from our interviews of U.S. and cognizant officials from selected peer governments we reviewed. Because of the nature of this study, we were not able to independently verify or assess the reliability of the data provided by the foreign countries we reviewed. Moreover, direct comparisons of the United States and other nations’ international education systems and programs are difficult because these nations’ higher education financing structure and costs, immigration policies, and security concerns differ. We conducted our work from March 2008 to April 2009 in accordance with all sections of GAO’s Quality Assurance Framework that are relevant to our objectives. The framework requires that we plan and perform the engagement to obtain sufficient and appropriate evidence to meet our stated objectives and to discuss any limitations in our work. We believe that the information and data obtained, and the analysis conducted, provide a reasonable basis for any findings and conclusions.

BACKGROUND Following the events of September 11, the total number of international students studying in the United States leveled off and even dropped slightly

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after 2002, though enrollment numbers have recently rebounded. (See figure 1.) According to the Institute of International Education (IIE), the decline in the number of international students attending U.S. higher education institutions between 2003 and 2006 was the first drop in over 30 years. While the United States continues to be the leading destination for international students, the U.S. share of international students worldwide dropped—from 26 to 20 percent—between 2000 and 2008.2 (See figure 2.) According to the Pew Global Attitudes Project, since 2002 the United States’ image has declined in both the Muslim world and among many of America’s oldest allies. In the wake of September 11, the United States also tightened its immigration policy and made it more difficult for foreign nationals, including international students, to apply for a visa. As we previously reported, these changes, made to help protect our nation’s security interests, may have contributed to our declining share of international students and the perception that the United States was an unwelcoming place for international students.3

Source: Institute of Intenational Education data. Figure 1. Estimated Number of International Students Enrolled in U.S. Higher Education, 1984-1 985 to 2007-2008

The U.S. government seeks to improve global attitudes toward America through diplomatic and development assistance efforts, which include funding higher education for international students in the United States.4 Many of the programs that support these efforts are administered through the Department of State’s Bureau of Educational and Cultural Affairs, which funds programs aimed at advancing public diplomacy goals, and the United States Agency for

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International Development, which is primarily concerned with providing assistance to developing nations. These efforts typically create face-to-face exchange opportunities with foreign students, researchers, professionals, and educators to provide a better understanding of a nation’s views, values, and culture. The United States also funds higher education for international students to help developing nations alleviate poverty and promote peace and security, public health, economic growth, education, and democratization. These programs target the economic, social, or technological needs of developing nations by equipping students and professionals for future leadership roles in their communities, businesses, and governments and to fill critical labor and skill gaps.

Source: Institute of International Education (based on Project Atlas 2007 data and United Nations Educational, Scientific and Cultural Organization / Organisation for Economic Co-operation and Development 2006 data). Figure 2. Top Host Destinations for International Students at the Postsecondary Level in 2008

While the federal government funds education for international students to achieve public diplomacy and development objectives, the vast majority of students who come to the United States to study do not receive funding from the U.S. government. According to the Institute of International Education’s

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Open Doors 2008 report, 623,805 students came to the United States to study during the 2007-2008 academic year and nearly 9 out of 10 international students reported their primary source of funding for education as coming from either personal and family sources or from their host college or university in the United States. Although the primary source of funds for the vast majority of students that enter the United States is not provided by the federal government, promoting study in the United States can support a range of U.S. objectives in addition to the public diplomacy and development goals supported by State and USAID efforts. For example, the United States has relied on undergraduate and graduate students from other countries as important sources of innovation and productivity in our increasingly knowledge-based economy. Such students who remain in the country after completing their studies have brought needed research and workforce skills and strengthened our labor force. For example, international students have earned about one-third or more of the degrees at both the master’s and doctoral levels in engineering, math and computer science, and the physical sciences.5

GOVERNMENTS WE REVIEWED USE HIGHER EDUCATION TO ADVANCE DIPLOMATIC, ECONOMIC, AND OTHER OBJECTIVES AND EMPLOY MULTIPLE APPROACHES TO ATTRACT INTERNATIONAL STUDENTS Governments We Reviewed Use International Education to Advance Diplomatic, Economic, and Other Objectives, Often Simultaneously All of the governments we reviewed fund higher education for international students to advance diplomatic, development, economic, and other objectives, often simultaneously. For example, Australian officials said that international higher education helps Australia achieve economic goals. Education was Australia’s third largest export and contributed $15.5 billion in Australian dollars (about $13 billion in U.S. dollars) to its economy in 2008.6 According to Australian officials, international students also help Australia meet its foreign relations and diplomatic goals. To illustrate the diplomatic linkages that education can create, Australian officials said that at one time nearly half of the Malaysian cabinet had been educated in Australia. Australian officials reported that student exchange is Australia’s primary way of

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providing a contemporary understanding of the country, building linkages between Australia and foreign nations, forming the basis of business and cultural relationships, demonstrating the quality of Australia’s educational opportunities, and helping to dispel the myth that Australia is a ―far away land.‖ The Australian government also provides development assistance to Asian countries and Pacific Islands to increase their access to high-quality education and training, which supports growth in the region. These development assistance efforts also build enduring links at the individual, institutional, and country levels, according to Australian officials. Chinese officials told us that by promoting international student study in China, they are able to advance goals aimed at promoting peaceful and common development of all countries. According to these officials, providing international educational opportunities to foreign students is part of their strategy for promoting cultural, scientific, and technological exchanges between the East and the West. China develops exchanges with other countries in the fields of education, science, and technology to strengthen friendship and understanding between the Chinese people and people around the world and to promote modernization in China. China reported that its collaboration with foreign universities and educational institutions helps to develop an exchange network that allows it to send ―the best students to study in the best universities under the supervision of the best advisers,‖ mutually benefiting institutions and countries. According to officials from Germany’s national agency that supports international education, international students help Germany advance several goals, including increasing the international appeal of German universities and promoting the academic, economic, and democratic development of developing countries. German officials said that their ability to advance several goals simultaneously is an important strength of international education. For example, international students studying in science and technology help advance German research and innovation goals while also advancing public diplomacy goals by returning to their home countries as unofficial ambassadors for Germany. Officials in the United Kingdom (UK) reported that international education contributes to building a high-skilled workforce, helps build relationships with people from around the world, enhances understanding about each others’ cultures, and opens doors to trade, investment, and political influence. The European Union (EU) also seeks to advance several international education goals, including promoting intercultural understanding

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through cooperation with non-European countries as well as ensuring that education and training are accessible to the global community. In the United States, the federal government similarly seeks to advance multiple goals simultaneously through international higher education. For example, the United States is able to advance both diplomatic and country development goals through higher education by reaching out to students in developing countries and equipping them with the skills and knowledge needed to support efforts in their own countries. In addition, the United States has historically relied on international students to fill critical skill gaps in the economy and, in particular, has relied heavily on international students to fill critical skill gaps in science, math, engineering, and technology fields. Finally, international education also contributed $15.5 billion to U.S. economy in 2007-2008, according to data from the Department of Commerce.

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Governments Employ a Number of Approaches to Attract International Students, Such as Marketing Their Higher Education Internationally To advance public diplomacy, development, and other national goals, the governments we reviewed use a number of approaches to introduce international students to their higher education systems. To promote their higher education systems internationally, countries like the United Kingdom, Germany, and Australia have developed broad marketing strategies with a focus on outreach to international students. These marketing strategies include developing a national brand through the use of logos and slogans to promote higher education systems among international communities, much as a corporation would promote a commercial brand, as shown in figure 3. For example, many of the higher education institutions in the United Kingdom use the national brand ―Education UK–Innovative. Individual. Inspirational.‖ to distinguish United Kingdom higher educational institutions from others. This United Kingdom national brand and its associated logo are used for products, activities, events, and marketing campaigns aimed at promoting United Kingdom education. Similarly, Germany’s higher education national brand ―Study in Germany–Land of Ideas‖ appears in various promotion efforts, including advertisements, and at educational fairs.7 Australia promotes its international study opportunities through the ―Study in Australia‖ campaign with the ―Live.Learn.Grow.‖ slogan. According to Australian officials, the ―Study in Australia‖ campaign is used to highlight the

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quality of Australia’seducation system, the country’s unique lifestyle, and the personal growth that comes from an international education experience in Australia. The national brand is used in various promotion channels, including the Study in Australia Web site, education exhibitions, student forums in target markets, and traditional advertising media such as print, radio, and television. See figure 4 for samples of promotion brochures from selected countries. In addition, all of the governments we reviewed have developed Web sites to inform potential students about their academic options, application procedures, student support services, and lifestyles within that country; and in the case of the European Commission, the Web site provides similar information on 32 European countries.8 These Web sites are typically provided in several languages and offer a range of information on issues such as academic programs, visa requirements, higher education financing options, and predeparture advice. For example, prospective students accessing Australia’s Study in Australia Web site can find a range of information including language and academic requirements, study costs and available scholarships, and listings of accredited Australian institutions and available courses.9 The Web site also describes life and culture in Australia as well as the benefits of study in Australia, such as the types of student support services and the cultural diversity of the country. In addition, the Web site provides students points of contact for further inquiry, including country-specific alumni networks and Australian education advisers stationed in-country. Web site information is available in multiple languages, many of which are languages spoken in the region, such as Indonesian, Japanese, Thai, and Vietnamese. See figure 5 for examples of Web sites. The United States provides an online guide for international students on higher education called EducationUSA.10 The Web site provides guidance on a number of areas, including how to select a school, find English language training programs, apply for a visa, and obtain financial assistance. It also provides information on the benefits of a U.S. education, such as the accreditation system that helps ensure higher education institutions maintain quality standards for their faculty, curriculum, administration, and student services. Practical information on predeparture preparations, such as travel and housing arrangements, and everyday living in the United States, are also included on the Web site. Potential students are directed to advising centers stationed around the world for additional information and assistance. The Web site provides information and resources to potential students in six languages, including Arabic, Chinese, and French.

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Sources: The German Academic Exchange Service (DAAD), Australian Education International, and the British Council.

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Figure 3. National Brands That Germany, Australia, and the United Kingdom Respectively Use to Market Their Higher Education Abroad

Sources: From top left to bottom right: Australian Education International; China Scholarship Council; U.S. Department of State; © The German Academic Exchange Service (DAAD); and the Delegation of the European Commission to the US Science, Technology and Education Section (copyright November 2008). Figure 4. Examples of Materials Used to Provide Information and Promote International Study

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Sources: Commonwealth of Australia 2008 and U.S. Department of State. Figure 5. Study in Australia and EducationUSA–Your Guide to U.S. Higher Education Web Sites

Australia, the United Kingdom, Germany, and the United States also conduct outreach to international students through their overseas information centers. These centers are designed to facilitate in-country outreach and provide information and guidance to prospective international students. They also help to develop strategic partnerships with foreign governments and educational institutions. According to officials, Australia has a network of 25 international offices that are staffed with over 100 individuals, 15 of whom have been accredited by the Australian government to be education advisers, who work with the international education community to promote Australian education worldwide. In addition to conducting outreach activities, the network also collects and provides information on the international education market, including business opportunities in established and emerging markets, to higher education subscribers in Australia. According to United Kingdom officials, the United Kingdom relies on a network of international offices

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located in over 100 nations around the world to facilitate education and cultural linkages among the United Kingdom and potential students, foreign education institutions, and governments.11 Similarly, Germany relies on a global network of 48 information centers to promote Germany’s higher education system.12 The United States has a network of more than 450 advising centers around the world, called Education USA Advising Centers. Centers are staffed by professional advisers, many of whom studied in the United States themselves and have received State Department-approved training about U.S. higher education and the advising process.13 While the reported levels of services and capabilities offered by the overseas information centers vary from country to country, government officials stressed that their network of offices is valuable because its staff possess expertise in international education, understand the education systems of the regions in which they operate, and have essential contacts, including contacts at education ministries and local higher education institutions. All governments we reviewed reported that ensuring that international students receive a quality education and experience abroad is another key component of their approach to outreach to international students. In the face of growing domestic and international demand for higher education, China has invested significant resources to enhance the institutional and human resource capacities of its higher education institutions in the last 10 years. The steps taken to increase institutional capacity include encouraging private funding for China’s higher education and modernization of schools’ facilities and equipment. In addition, officials said that China has consolidated specialized schools, such as engineering and art schools, and added additional academic programs to create institutions with more of a comprehensive breadth of curricula, making them more adaptable to employment needs and improving the schools’ resources through economies of scale. Further, education officials said that China provides leadership training to its senior management staff through international exchange programs with various Western countries to enhance the human capacity of China’s higher education institutions. European countries are also taking these steps to help ensure that their higher education and research systems continuously adapt to changing needs, society’s demands, and advances in scientific knowledge, as well as to gain a ―worldwide degree of attractiveness.‖ For example, under the Bologna Declaration of June 1999, European countries established a series of reforms to make European higher education more compatible and comparable across member states, including the adoption of comparable undergraduate and graduate degrees and a system of credits. Currently, 46 European countries

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participate in the Bologna process.14 To increase the quality and effectiveness of education and training programs in the European Union, the European Commission has also established working groups in 12 areas, including the education and training of teachers and trainers. To ensure overseas students have a positive educational experience, the UK Council for International Student Affairs, an education charity, acts as the UK’s national advisory body serving the interests of overseas students and those who work with them, according to officials from the United Kingdom. This advisory body encourages best practices, professional development, and institutional support for international students. For example, the UK Council for International Student Affairs provides guidance to students and higher education partners in a number of areas, such as immigration policies, financial planning, and cross-cultural issues. Further, the Australian government, through enacted legislation and regulations, provides ―consumer protections‖ of overseas students. These protections include alternative course placement for students whose education provider cannot offer a particular course, and making refunds to students when no such placement is possible. Australia also established an international arm within its government to provide leadership across all levels of government and industry, ensure that overseas students have a quality study abroad experience, and support the country’s international education industry.

PUBLIC DIPLOMACY AND DEVELOPMENT ASSISTANCE PROGRAMS WE STUDIED SHARE KEY CHARACTERISTICS The Programs We Reviewed Generally Offer Merit-Based Scholarships Targeted to Graduate Students The major scholarship programs we reviewed that support public diplomacy and development assistance goals typically select recipients using merit-based criteria, offer graduate-level study, and cover the cost of tuition and some other expenses. For example, the Australian Development Scholarships program selects high-achieving students, mostly for graduatelevel study, through a competitive selection process that is coordinated between Australian officials and partner governments.15 Selection criteria are usually established bilaterally between the Australian government and the applicant’s home government, and students who are nominated must also be

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accepted by the receiving higher education institution in Australia. The program awards 90 percent of its scholarships for graduate-level study, making a small percentage available to those wishing to pursue undergraduate or vocational study . Australian Development Scholarship awards include tuition, travel, health insurance, and allowances to cover study materials, living expenses, and other participation-related costs. In addition, these awards may also cover English-language training, tutorial assistance, and a mandatory 4- to 6- week course designed to prepare students for life and study in Australia. According to program officials, approximately $45,000 in Australian dollars (about $38,000 U.S. in dollars) is awarded to selected students in tuition and other expenses per year. Although the European Union’s Erasmus Mundus program has differing objectives, it also awards scholarships on the basis of academic merit to graduate students.16 In the past, the program offered scholarships only for master’s-level study for 1- to 2-year periods, but will also begin offering scholarships for doctoral study for up to 3 years starting in 2010. Under this program, individual courses of study are developed by consortia of universities within the European Union and these consortia are given considerable latitude in selecting applicants. The program’s administering agency recommends that each consortium assess the quality of eligible applicants based on criteria such as academic record, exam results, and letters of recommendation. Unlike other scholarship programs we reviewed, the Erasmus Mundus program awards a fixed amount to recipients annually, which was 21,000 euros in 2008 (about $31,000 in U.S. dollars).17 While tuition and fees vary widely among European universities, in most instances, the award amount is greater than the cost of attendance, allowing recipients to use the balance of the award to defray other participation-related expenses, according to program officials. The U.S. Fulbright Foreign Student Program, which supports public diplomacy goals, follows a similar approach in awarding merit-based scholarships to graduate students. The program selects scholarship recipients through a competitive process that considers input from a scholarship board, U.S. embassies, and other organizations. Applications are generally restricted to students who meet certain citizenship requirements and who will have received the equivalent of a bachelor’s degree prior to the start of the grant period.18 In selecting scholarship recipients, the program considers the applicant’s academic record and a research project proposal, among other factors. Once award recipients are selected, the Fulbright Foreign Student Program allows them to matriculate in either degree-granting or nondegree master’s and Ph.D. programs, some of which may be renewed for up to 5

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years; however, most awards are for 1 or 2 years of study. Similar to other scholarship programs we reviewed, the scholarships awarded by the program cover a range of participation-related costs, including tuition, educational materials, travel, housing, living allowances (which vary by U.S. host location), orientation, and health coverage. According to program officials, these scholarships are awarded in amounts up to $60,000 per recipient annually, but on average total about $32,000 per year. Similarly, other scholarship programs we reviewed, such as the Chinese Government Scholarships Program, the United Kingdom’s Chevening Programme, the U.S. Edmund S. Muskie Graduate Fellowship Program , and German Study Scholarships and Research Grants all award merit- based scholarships, primarily to graduate students. Though award amounts vary, the scholarships generally cover similar costs related to participation, including tuition, living, and other expenses. Although most scholarship programs we reviewed award merit-based scholarships to graduate-level students, a few programs award scholarships for undergraduate or vocational study, and some c onsider need-based criteria in the selection process. For example, the U.S. Cooperative Association of States for Scholarships program, administered by USAID, funds study for highachieving, low-income students who might not otherwise have access to higher education.19 USAID officials say that by establishing relationships with impoverished communities in the sending countries, the Cooperative Association of States for Scholarships program has taken steps to ensure that the low-income populations targeted by the program are those that receive the awards. However, officials also acknowledged that an applicant’s income or wealth may be difficult to verify depending on the depth, soundness, and transparency of the financial system in the applicant’s home country. Additionally, unlike most programs we reviewed, the U.S. Global Undergraduate Exchange Program awards all of its scholarships to undergraduate students. According to program officials, shorter, non-degreegranting scholarships may be more appropriate for vocational or undergraduate participants because they help ensure students return and reintegrate into their home societies. However, program officials in the United States and abroad said that undergraduate students’ career goals are often evolving and their career trajectories less well defined. For this reason, U.S. and foreign officials said that graduate students, who have already committed to a field of study, may be better suited for some program goals, such as building leadership and making technological advances. See table 1 for the

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criteria countries used to select applicants for the scholarship programs we reviewed. Table 1. Selection Criteria, Level of Study Targeted, and Length of Award for Selected Scholarship Programs

Host government and program name

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Public diplomacy

Development assistance

Australian Endeavour Awards Chinese Government Scholarships Programb EU Erasmus Mundus German Academic Exchange Service Study Scholarships and Research Grantsc UK Chevening Programmed U.S. Edmund S. Muskie Graduate Fellowship Program U.S. Fulbright Foreign Student Program U.S. Global Undergraduate Exchange Program Australian Development Scholarships Australian Leadership Awards Scholarships U.S. Collaborative Research Support Programs U.S. Cooperative Association of States for Scholarships

Type of selection criteria considered

Level of study targeted

Length of awarda

Merit

Mostly graduate

2-3 years

Merit

1-7 years

Merit Merit

Graduate and undergraduate Only graduate Mostly graduate

Merit

Mostly graduate

2-4 years

Merit

Only graduate

1-2 years

Merit

Only graduate

1-5 years

Merit

Only undergraduate

0.5-1 year

Merit

Mostly graduate

2-4 years

Merit

Mostly graduate

2-4 years

Merit

Mostly graduate

1-5 years

Merit and need

Vocational

2 years

1-2 years 1 year

Sources: Australian Department of Education, Employment, and Workplace Relations; Australian Agency for International Development; Chinese Ministry of Education; European Commission’s Education, Audiovisual, and Culture Executive Agency; U.S. Agency for International Development; and U.S. Department of State.

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Notes: Information is from academic year 2007 or is more recent. Time periods may have differed slightly among the reporting countries, so the data are generally but not directly comparable among programs. a This represents the range of duration in academic years of scholarships awarded to students for postsecondary study. Length may differ depending on the level of study and whether the scholarship is renewed by the host country. b The Chinese Government Scholarships Program offers full and partial scholarships for study in China to undergraduates, graduates, language students, and visiting scholars. c Characteristics represent a combination of the German Academic Exchange Service’s two main scholarship programs: Study Scholarships for Graduates of All Disciplines and Research Grants for Doctoral Candidates and Young Academics. d Characteristics represent the UK Chevening Programme’s core scholarship scheme.

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Programs Differ in Some Characteristics, Including Geographic Reach and Funding Levels Although the programs we studied share key characteristics, they also vary widely in their geographic reach, annual funding levels, and their annual participation levels. Many of the large public diplomacy programs we studied tend to make scholarships available to students from a wide range of countries, typically 40 or more, in order to maximize their diplomatic reach. For example, the European Union’s Erasmus Mundus program, a public diplomacy program, awarded scholarships to students from 113 countries in 2008, with no single region receiving more than 27 percent of the scholarships awarded. The agency administering the Erasmus Mundus strives to achieve a wide geographic balance, in part by ensuring that no more than a quarter of scholarships awarded by a particular consortium go to students from one country. Scholarships offered by the U.S. Fulbright Foreign Student Program, another public diplomacy program, also have a wide geographic reach, awarding scholarships to recipients from 143 countries in 2008. However, some public diplomacy programs have a more targeted reach. For example, the Australia Endeavour Awards has a regional focus, with over 80 percent of scholarships widely dispersed to students from Asian and Pacific countries. Additionally, the U.S. Edmund S. Muskie Graduate Program targets its scholarships exclusively to applicants from the countries that formerly constituted the Soviet Union. In contrast, the development assistance programs we studied tend to have a more targeted focus in order to better concentrate resources in particular

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developing countries. For example, Australia’s two largest development assistance programs—the Australian Development Scholarships and the Australian Leadership Awards—focus primarily on the Asia and Pacific regions, though the Australian Development Scholarships also awards approximately 9 percent of its scholarships to applicants from Africa. Likewise, the U.S. Collaborative Research Support Program also has some regional concentration, awarding nearly two-thirds of its scholarships to students from Africa and Latin America. In 2007, according to data provided by education officials, we estimate that China awarded roughly 20 percent of its scholarships to students from Africa. Some of the other development assistance programs we studied have an even more targeted focus. The U.S. Cooperative Association of States for Scholarships Program and its successor program, for example, have awarded scholarships exclusively to students from seven countries in Central America and the Caribbean during the past 5 years. A component of the European Union’s Erasmus Mundus program also targets its scholarships to particular regions based on the political and development assistance priorities of the European Union and of partner countries.20 See appendix II for the percentage of scholarship recipients from each region by scholarship program. Figure 6 provides an illustration of the differences in geographic reach typically found between the public diplomacy and development aid scholarship programs we reviewed. In addition to these differences, annual funding and participation levels vary widely among the programs we studied and change from year to year, though the largest programs we studied tend to have public diplomacy goals, as shown in table 2. For example, the European Union’s Erasmus Mundus program and the U.S. Fulbright Foreign Student Program, both public diplomacy programs, receive over $90 million in funding.21 One exception was the Australian Development Scholarships Program, the most well-funded development assistance program we reviewed, which received over $101 million in Australian dollars in 2008 ($84 million in U.S. dollars). However, most of the public diplomacy and development assistance programs we reviewed received less than $50 million in U.S. dollars in annual funding last year. Participation levels in 2008 also varied widely among the programs we studied, with programs awarding scholarships to as few as 67 recipients in the case of the U.S. Collaborative Research Support Program to as many as 3,747 recipients in the case of the Chinese Government Scholarships Program. According to foreign officials, some governments have revised scholarship program funding and participation levels in recent years to reflect changing national objectives, such as placing a greater emphasis on making

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their higher education systems more visible. For example, over the past 5 years, the European Union has increased funding levels for the Erasmus Mundus program by more than tenfold to 93 million euros ($136 million in U.S. dollars) annually, and plans to spend 950 million euros ($1.39 billion in U.S. dollars) on the program over the next 5 years. Moreover, some program officials from Australia told us that they anticipate funding and participation levels for the Endeavour Awards scholarship programs to continue to increase in the coming years. However, funding and participation for at least one major scholarship program have been reduced in recent years. Specifically, the number of scholarships offered by the United Kingdom’s Chevening Programme core scholarship scheme has declined from over 1,500 in 2004 to around 1,000 in more recent years.

Source: GAO analysis, map (Art Explosion). Notes: Totals may not equal 100 percent because of rounding. Figure 6. Percentage of Participants from Each Region for the U.S. Fulbright Foreign Student Program and the Australian Development Scholarships Program

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Table 2. Award Amount and Expenses Covered for Selected Scholarship Programs Host government and program name

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Public diplomacy

Annual funding Level (U.S. dollars in millions)a

Annual participation levelb

Maximum or average annual award amount (U.S. dollars)c

Australian Endeavour Awards

35 Australian dollars ($29)

391

Maximum of 52,800 Australian dollars ($44,289)d

Chinese Government Scholarships Programf

Data not available

3,747

Data not available

EU Erasmus Mundus

93 euros ($136)

1,957

Average of 21,000 euros ($30,761)

Expenses covered under scholarship award Tuition,e travel, establishment allowance, a contribution to living expenses, and travel and health insurance Tuition, travel allowance, educational materials, establishment allowance, a contribution to living expenses, and health insurance Annual award is a fixed amount that typically covers tuition and may defray other participation-related expenses

Table 2. (Continued) Annual funding Level (U.S. dollars in millions)a 33 euros ($48)

2,800

U.S. Edmund S. Muskie Graduate Fellowship Program

$9

145

Average of $42,775

U.S. Fulbright Foreign Student Program

$95

3,204

Average of $32,000

Host government and program name

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German Academic Exchange Service Study Scholarships and Research Grantsg

Annual participation levelb

Maximum or average annual award amount (U.S. dollars)c Maximum of 30,000 euros ($43,945)h

Expenses covered under scholarship award Tuition, travel, health insurance, living allowances, marital or child allowance under certain conditions,i research allowance, and preparatory language instruction if necessary Tuition, travel allowance, educational materials, housing, monthly allowances, and a preparatory orientation program Tuition, travel allowance, educationnal materials, housing, monthly living allowances (which vary by U.S. host locate-on), orientation, and health and accident coverage

Table 2. (Continued) Host government and program name

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U.S. Global Undergraduate Exchange Program

Development assistance

Annual funding Level (U.S. dollars in millions)a $8

Annual participation levelb 452

Maximum or average annual award amount (U.S. dollars)c Average of $20,400

Australian Development Scholarships

101 Australian dollars ($85)

1,100

Average of 45,000 Australian dollars ($37,746)

Australian Leadership Awards Scholarships

18 Australian dollars ($15)

150

Maximum of 62,000 Australian dollars ($52,006)

Expenses covered under scholarship award Tuition, travel allowance, educational materials, housing, monthly living allowances, and cultural experiences Tuition, travel,j visa expenses, establishment allowance, contribution to living expenses, preparatory language and academic courses, health care coverage, fieldwork Tuition, travel, visa expenses, establishment allowance, contribution to living expenses, leadership development program, health care coverage, study enrichment allowancek

Table 2. (Continued) Host government and program name

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U.S. Collaborative Research Support Programs

Annual funding Level (U.S. dollars in millions)a $23

Annual participation levelb 67

Maximum or average annual award amount (U.S. dollars)c Average of $41,245

Expenses covered under scholarship award

Expenses covered may include tuition, travel, research equipment, and a contribution toward other expenses U.S. Cooperative $10 162 Average of Tuition, travel, Association of $19,820 education materials, States for visa expenses, housing Scholarships expenses, a contribution toward living expen ses, orientation includeing medical exams, prog-ram seminars and workshops, and a reentry seminar upon returning home Sources: Australian Department of Education, Employment, and Workplace Relations; Australian Agency for International Development; Chinese Ministry of Education; European Commission’s Education, Audiovisual, and Culture Executive Agency; German Academic Exchange Service; U.S. Agency for International Development; and U.S. Department of State. Notes: Information is from fiscal year 2007 or is more recent. Time periods may have differed slightly among the reporting countries so the data are generally but not directly comparable between programs. For foreign programs, currency is converted to U.S. dollars at annualized exchange rate for the latest year data are available.

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a

Amount shown is the program wide funding level for the latest year data are available. This funding may cover expenses such as program administration in addition to scholarship awards. b Number of scholarships awarded to students for the latest year data are available. c Amount shown is the maximum or average amount (as indicated) awarded to scholarship recipients for the latest year data is available. d Amount shown represents the maximum annualized scholarship awarded to Endeavour Postgraduate Award recipients. e Dependent on the type of award, tuition fees are not payable under all Australia Endeavour Awards. f The Chinese Government Scholarships Program offers full and partial scholarships for study in China to undergraduates, graduates, language students, and visiting scholars. g Funding, participation level, and other characteristics represent a combination of the German Academic Exchange Service’s two main scholarship programs: Study Scholarships for Graduates of All Disciplines and Research Grants for Doctoral Candidates and Young Academics. h In some special cases award amounts may include up to 45,000 euros ($65,917). I Recipients may receive an additional 600 euros ($879) per year for each dependent accompanying them. j In addition to roundtrip airfare, includes a reunion airfare entitlement for students with no family accompanying them. k May include a contribution toward field research, academic support, conference participation, or the award holder’s reunion travel costs.

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Officials Highlighted Strategies They Say Are Key to the Successful Implementation of Scholarship Programs Officials that administer both public diplomacy and development assistance programs cite several strategies that they say facilitate program implementation and contribute to successful program outcomes. Some told us that offering preparatory courses or program orientation to all scholarship recipients enhances the students’ chance of success at the host university, and is particularly useful for students who require additional language, cultural, or academic skills. For example, the Australian Development Scholarships and Australian Leaderships Awards, both managed by the Australia’s Agency for International Development, requires scholars to complete a 4- to 6-week introductory academic program that covers information on life and study in Australia prior to the commencement of formal academic studies. In addition to this program, the Australian Development Scholarships also provides precourse English classes. Further, the Chinese Government Scholarships Program requires recipients who do not meet minimum language proficiency standards to take up to a year of intensive Chinese-language training upon arrival in China. Depending on the needs of the student, this language training may continue once their academic program begins. Similarly, to aid students in their transition to the United States, USAID requires all Cooperative Association of States for Scholarships recipients to participate in predeparture orientation training. During this training, participants also receive programrequired health exams, and they complete the steps necessary to obtain their student visas. Some development assistance officials also highlighted the importance of aligning the courses of study offered by their programs with the human resource and capacity building needs of the sending country. For example, USAID officials said that fields of study offered by the U.S. Cooperative Association of States for Scholarships program are determined based on a review of the development needs and employment trends of the country. According to officials, this, along with the support of the sending countries’ governments and private business sectors, helps students to obtain a job once they return to their country. In Australia, officials work with sending governments to identify the most acute development needs and consider these with the applicant’s proposed field of study when awarding scholarships. In keeping with their goal of advancing human resource capacity in sending countries, development assistance programs typically seek to return participants to their home country upon completing their program of study. For

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example, recipients of all Australian Agency for International Development scholarships are expected to return to their country of citizenship for at least 2 years after completing their scholarship program. To enforce this obligation, Australia requires development scholarship recipients to sign a contract agreeing to return to their home country for 2 years. If they return to Australia before the 2-year period is up, they incur a debt to the Australian government equal to the full value of the scholarship. This operates as a strong disincentive for students to stay in Australia after completing their study program, and it results in a student return rate of 95 percent or better, according to Australian officials. However, this does not guarantee that students will stay in their home countries for 2 years. One official noted that many alumni choose to move to another country shortly after returning home. All USAID exchange visitors are required to sign a form in which they agree, among other things, to return home immediately upon completion of their program. 22 Recipients of some USAID programs are also required to sign a contract agreeing to return home within 3 days of completing their program. According to USAID officials, this is effective in ensuring students return home and fulfill program objectives. Officials said that 86 percent of participants in its Collaborative Research Support Programs return to a developing country after graduation. Finally, officials noted the importance of developing active alumni networks. Officials told us that having strong alumni networks better enables them to reach future applicants, track alumni, and assess their careers and accomplishments as well as perceptions of their international study experience. These networks also provide a means through which alumni can receive support from their former host country and help facilitate enduring relationships between students and the host country once their tour of study has ended. For these reasons, State encourages alumni of its exchange programs to connect through a central Web site that allows members to find fellow alumni, search for job opportunities, and participate in online discussion forums, among other activities. Officials at the Australian Agency for International Development stated that they are in the process of developing in-country alumni networks for their programs. Australian officials also noted that maintaining relationships with influential alumni may advance diplomatic and development assistance objectives. Other scholarship programs, such as the Erasmus Mundus program, have also created Web-based networks to facilitate contact with scholarship program alumni.

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APPENDIX I. OBJECTIVES, SCOPE, AND METHODOLOGY

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Overview This appendix discusses in more detail our scope and methodology for this study. The goals of this study were to determine (1) the objectives the United States and selected peer governments seek to advance through higher education for international students and the approaches they employ to attract international students, and (2) the characteristics of major United States and peer government programs that fund higher education for international students in support of public diplomacy and development goals. To carry out these objectives, we interviewed government officials and industry experts in the United States and in selected peer governments, analyzed public diplomacy and development assistance scholarship programs, and reviewed studies and evaluations related to the United States and peer governments’ efforts to support international higher education. In addition, we provided the U.S. agencies and peer governments the opportunity to review and comment on the draft report sections that are applicable to them and incorporated their comments where appropriate. We conducted our work from March 2008 to April 2009 in accordance with all sections of GAO’s Quality Assurance Framework that are relevant to our objectives. The framework requires that we plan and perform the engagement to obtain sufficient and appropriate evidence to meet our stated objectives and to discuss any limitations in our work. We believe that the information and data obtained, and the analysis conducted, provide a reasonable basis for any findings and conclusions.

U.S. Agency and Peer Government Selection We selected two U.S. agencies and five peer governments for review. Though many U.S. agencies are involved in promoting U.S. higher education to international students, we limited our scope to the Department of State and the U.S. Agency for International Development because they are primarily responsible for funding programs aimed at public diplomacy and development assistance, a principal interest of our congressional requestor. We applied a range of criteria to select a judgmental sample of four countries for review: Australia, China, Germany, and the United Kingdom. First, we identified

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countries that had the largest global share of international student enrollments using 2008 data from the Institute for International Education. To capture recent trends in student mobility, we also considered each country’s growth in international enrollments, comparing the 2008 data to 2000 base year data from the Organisation for Economic Co-operation and Development (OECD).23 Further, to ensure a more global perspective of the international education landscape, we reviewed a geographically diverse set of governments that, collectively, attract students from a wide range of countries. We also conferred with embassy and government officials as well as industry experts to obtain their recommendations on which countries to visit and review based on their knowledge of international education. We ensured that our selection included both English and non- English-speaking countries. In addition to selecting individual countries, we also reviewed the European Union (EU) based on its international education efforts on behalf of EU member countries, many of which are top destinations for international students.24 While our selection of countries included some of the nations that are most active in recruiting international students, it is not representative of all nations that have these types of programs.

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Program Selection We selected 13 programs—9 public diplomacy and 4 development programs—for review. Though many of the governments we reviewed may fund a number of smaller scholarship programs, we limited our study to scholarship programs that receive at least $8 million annually, or the equivalent in local currency, and award at least 50 scholarship awards annually based on the information we received. In addition to the funding and participation level consideration, these programs were also identified by officials in the United States and peer governments as being most important to the success of their country’s international education efforts. However, there may be other scholarship programs offered by peer governments that met our established criteria, but were not included in the report due to our inability to acquire sufficient information about these programs. Finally, it should be noted that in many cases the programs we reviewed address multiple objectives, including public diplomacy and development objectives, and for the purposes of this chapter, these programs were categorized as either public diplomacy or development assistance programs, depending on their primary focus. We studied programs that offer scholarships

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to students for vocational, undergraduate, or graduate- level study for any length of time. We did not include scholarships for outbound students funded by sending governments. While our focus is on programs that receive host government funding, some of these programs are funded or administered jointly with other governments or nongovernmental organizations.

Site Visits and Interviews

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A major part of our study involved interviewing officials from the United States and selected governments, as shown in table 3. Officials included government executives, program administrators, and industry stakeholders. During these site visits, we also collected relevant documents, including those dealing with funding, scholarship amounts and number of scholarships, program evaluations, and program goals. In some cases, officials were not able to provide us the information in the detail requested, and in these instance, we noted that in the report. Moreover, because of the nature of this study, we were not able to independently verify or assess the reliability of the data provided by the foreign countries we reviewed. We also did not independently verify the foreign laws and declarations discussed, but instead relied on our discussions with foreign officials and the documents we collected.

Literature Review and Program Data To provide some context for understanding government efforts to support public diplomacy, development assistance, or other objectives through higher education, we also reviewed a number of studies dealing with the global landscape for international higher education. Our review included research from organizations such as the Institute for International Education (IIE), NAFSA: the Association of International Educators, as well as government agencies of the selected peer governments. We also reviewed relevant program documents, including agency strategic plans and evaluations of scholarship programs, when available.

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United States Government Accountability Office Table 3. Governments and Agencies Reviewed as Part of Our Study

Governments United States

Australia

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People’s Republic of China

European Union

Germany United Kingdom

Others

Agencies  U.S. Department of State  U.S. Agency for International Development  Institute for International Education  NAFSA: Association of International Educators  American Council on Education  Australian Embassy in United States of America  Australian Agency for International Development  Department of Education, Employment and Workforce Relations  Australian Department of Foreign Affairs and Trade  Australian Group of Eight  Universities Australia  The Australian National University  Embassy of the People’s Republic of China in the United States  Ministry of Education  China Scholarship Council  Chinese Education Association for International Exchange  State Administration of Foreign Experts Affairs  Chinese People’s Association for Friendship with Foreign Countries  The Office of Chinese Language Council International Confucius Institute Headquarters (Hanban)  National Center for Educational Development Research-Tsinghua University  Directorate-General for Education and Culture, Cooperation and International Programmes  Education, Audiovisual, and Culture Executive Agency  Delegation of the European Commission to the USA  German Embassy in the United States  German Academic Exchange Service (DAAD)  United Kingdom Embassy in the United States  The Department for Innovation, Universities & Skills  The Foreign and Commonwealth Office

 The British Council  Embassy of France in the United States  Embassy of New Zealand in the United States

Source: GAO.

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APPENDIX II. PERCENTAGE OF SCHOLARSHIP RECIPIENTS FROM EACH REGION BY SCHOLARSHIP PROGRAM

South and Central Asia Western Hemisphere East Asia and the Pacific

Africa

Development assistance

Australian Endeavour Awards EU Erasmus Mundus Program UK Chevening Programmea U.S. Edmund S. Muskie Graduate Fellowship Program U.S. Fulbright Foreign Student Program U.S. Global Undergraduate Program Australian Development Scholarships U.S. Collaborative Research Support Programs U.S. Cooperative Association of States for Scholarships

Europe and Eurasia

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Public diplomacy

Near East

Host government and program name

Total number of scholarship recipients

Percentage of scholarship recipients by region of origin

403

6

9

0

38

2

44

1,957

6

9

14

17

27

27

1,051

15

17

13

11

14

30

145

0

66

0

34

0

0

3,204

9

30

8

9

29

16

452

25

20

0

19

17

19

978b

0

1

8

9

0

81

67

1

0

28

13

36

21

162

0

0

0

0

100

0

Sources: Australian Department of Education, Employment, and Workplace Relations; Australian Agency for International Development; European Commission’s Education, Audiovisual, and Culture Executive Agency; U.S. Agency for International Development; and U.S. Department of State. Notes: Information is from fiscal year 2007 or more recent and represents the latest year for which region of origin information is available. Percentages may not sum to 100 due to rounding. a Characteristics represent the UK Chevening Programme’s core scholarship scheme. b Number of scholarships awarded in 2007.

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End Notes

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1

GAO, 2009 Congressional and Presidential Transition Series, http://www.gao.gov/transition (accessed Feb. 12, 2009). 2 The U.S. share of international students in 2000 and 2008 is based on data from the Organisation for Economic Co-operation and Development (OECD) and the Institute of International Education, respectively. GAO relied on publicly available information for these 2 years. Further, during this period, the number of international students studying abroad globally increased by 61 percent. State officials attribute much of the drop in the United State’s share of international students to large increases in intra-European student mobility. 3 GAO, Higher Education: Challenges in Attracting International Students to the United States and Implications for Global Competitiveness, GAO-07-1047T (Washington, D.C.: June 29, 2007). 4 GAO, Higher Education: United States’ and Other Countries’ Strategies for Attracting and Funding International Students, GAO-08-878T (Washington, D.C.: June 19, 2008). 5 GAO, Higher Education: Federal Science, Technology, Engineering and Mathematics Programs and Related Trends, GAO-06-114 (Washington, D.C.: Oct. 12, 2005). 6 Throughout this chapter, currency is converted to U.S. dollars at 2008 annualized exchange rates. 7 Germany has developed multiple slogans to promote its international higher education. Other slogans are tailored to a specific field or program. 8 This Web site provides information on 32 European countries: Austria, Belgium, Bulgaria, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, Switzerland, Turkey, and the United Kingdom. 9 See http://studyinaustralia.gov.au/Sia/en/WhyAustralia/whyaustralia.htm for additional information on Australia’s Web page (accessed Feb. 12, 2009). 10 See http://www.educationusa.state.gov/home for additional information on the U.S. Web page (accessed Feb. 12, 2009). 11 The United Kingdom conducts outreach to international students through the British Council, an independent nonprofit organization. The British Council provides information and guidance on cultural relations and education opportunities through its international network of offices. 12 The German Academic Exchange Service, Germany’s publicly funded independent national agency for the support of international academic cooperation, has created a global network of 48 information centers worldwide. These centers provide locally relevant information to potential students of German universities. 13 EducationUSA is a network of independent educational advising centers located in a wide variety of institutional settings around the world that receive government support in the form of staff training and advising materials from State’s Bureau of Educational and Cultural Affairs. Although the majority of the educational advisers are not employed by the United States government, the Department of State is responsible for the oversight of these centers to ensure that this independent network is focused on the EducationUSA mission of providing advice to students that is comprehensive and unbiased. The centers do not operate on behalf of specific institutions and programs. 14 Participating countries include Albania, Andorra, Armenia, Austria, Azerbaijan, Belgium, Bosnia-Herzegovina, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Georgia, Germany, Greece, Holy See, Hungary, Iceland, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Moldova, Montenegro, Netherlands, Norway, Poland, Portugal, Romania, Russian Federation, Serbia, Slovak Republic,

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Slovenia, Spain, Sweden, Switzerland, ―the former Yugoslav Republic of Macedonia,‖ Turkey, Ukraine, and the United Kingdom. 15 Applicants for the Australian Development Scholarships program may be nominated by their home government through a competitive selection process. All other applicants meeting the selection criteria may apply directly to the program under a separate application category. 16 The Erasmus Mundus program is a scholarship program funded by the European Union that aims to improve the quality of higher education in Europe and promote intercultural understanding through cooperation with non-European countries. 17 This comprises a fixed award of 5,000 euros plus 1,600 euros per month for 10 months. Should an Erasmus Mundus course comprise 12 study months per year rather than 10, the student will receive 24,200 euros per year. In 2010, the program will begin offering awards that vary with participation costs. 18 Candidates in countries with Fulbright Commissions must meet the citizenship criterion specified in an agreement between the United States and that country. In countries without Fulbright Commissions, candidates must be citizens or nationals of that country, or permanent residents qualified to hold a valid passport issued by that country. 19 The Cooperative Association of States for Scholarships program received final funding in fiscal year 2008. These funds support the current cohort of students, whose training may last through 2010. A successor program, Scholarships for Education and Economic Development, will also provide higher education scholarships and training to disadvantaged young people in the Dominican Republic, El Salvador, Guatemala, Honduras, Nicaragua, Mexico, and Haiti, and supports U.S. economic and governance goals for the region by increasing human and institutional capacity. 20 Partnerships, a component of the 2009-2013 Erasmus Mundus program, is supervised by the European Commission’s Directorate General Europe Aid Cooperation Office and is primarily concerned with funding study in the European Union for students from selected emerging and developing countries. 21 Though the U.S. government is the primary source of funding for the U.S. Fulbright Foreign Student Program, participating countries and host universities contribute financially, both through direct cost sharing and indirect support. 22 While scholarship programs sponsored by State have different goals than USAID programs, participants are also required to return home upon completion of the program, a requirement that is enforced through the visa process. 23 OECD is an international organization in which governments can compare policy experiences, seek answers to common problems, identify good practices, and coordinate domestic and international policies. OECD collects data, monitors trends, and analyzes and forecasts economic developments and other areas. Exchanges between OECD governments flow from information and analysis provided by OECD. 24 EU member countries include Austria, Belgium, Bulgaria, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, and the United Kingdom.

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In: Attracting International Students for Higher… ISBN: 978-1-60741-666-1 Editor: Russell C. Carswell © 2010 Nova Science Publishers, Inc.

Chapter 2

HIGHER EDUCATION: CHALLENGES IN ATTRACTING INTERNATIONAL STUDENTS TO THE UNITED STATES AND IMPLICATIONS FOR GLOBAL COMPETITIVENESS 

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United States Governmen Accountability Office WHY GAO DID THIS STUDY More international students obtain a higher education in the United States than in any other country, and they make valuable contributions while they are here. For those students returning home after their studies, such exchanges support federal public diplomacy efforts and can improve understanding among nations. International students have earned about one-third or more of all U.S. degrees at both the master’s and doctoral levels in several of the science, technology, engineering, and mathematics fields. Yet recent trends, including a drop in international student enrollment in U.S. colleges and universities, and policy changes after September 11, 2001, have raised concerns about whether the United States will continue to attract talented international students to its universities. 

This is an edited, reformatted and augmented version of a U. S. Government Accountability Office publication dated June 2007.

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This testimony is based on ongoing and published GAO work. It includes themes from a September 2006 Comptroller General’s forum on current trends in international student enrollment in the United States and abroad. Invitees to the forum included experts from the Congress, federal agencies, universities, research institutions, higher education organizations, and industry.

WHAT GAO FOUND GAO identified the following key issues that may affect the United States’ ability to continue attracting the world’s most talented international students to our universities and colleges:

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





The global higher education landscape is changing and providing more alternatives for students, as other countries expand their educational capacity and technology-based distance learning opportunities increase. For example, enrollment in college-level distance education has nearly quadrupled since 1995. In addition, U.S. universities are establishing branch campuses in other countries and partnerships with international institutions, allowing international students to receive a U.S. education without leaving home. Greater competition has prompted some countries to offer courses in English and to expand their recruiting activities and incentives. Some countries also have developed strategic plans or offices focused on attracting international students. The cost of obtaining a U.S. degree is among the highest in the world and rising, which may discourage international students. Average tuition in 2003 at public U.S. colleges and universities was second only to Australia. Moreover, tuition and associated costs continue to rise. While the effects of high and rising costs and related factors are difficult to estimate, some policymakers are concerned they may be discouraging international students from coming to the United States. Visa policies and procedures, tightened after September 11 to protect our national security, contributed to real and perceived barriers for international students. Post-September 11 changes included a requirement that almost all visa applicants be interviewed, affecting the number of visas issued and extending wait times for visas under certain circumstances. GAO has made several recommendations to

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strengthen the visa process in a way that reduces barriers for international students while balancing national security, and recent changes have improved the process. Processing times for certain security reviews have declined, and recent data show more student visas issued in the last few years. The Department of State also has taken steps to ease the burden on students, including expediting interviews and extending the length of time that some visa clearances are valid. We are continuing to study aspects of these issues.

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The United States must maintain an appropriate balance between protecting national security interests and ensuring our long-term competitiveness. Monitoring current trends and federal policies is essential to ensuring that the United States continues to obtain talented international students in the face of greater global competition. Chairman Delahunt, Chairman Hinojosa and Members of the Subcommittees: I am pleased to be here today to discuss the challenges in attracting international students to the United States and implications for global competitiveness. Over 2 million students worldwide study outside of their country of origin and make economic and foreign policy contributions to their host countries. The United States has relied on undergraduate and graduate students from other countries to support both economic and foreign policy interests. International students have been important sources of innovation and productivity in our increasingly knowledge- based economy, brought needed research and workforce skills, and strengthened our labor force. For those students returning home after their studies, such exchanges support federal public diplomacy efforts and can improve understanding among nations. The United States’ competitiveness in a global society must strike a proper balance among protecting our national security interests, ensuring our long-term competitiveness, and building bridges with other nations and their people. It is also essential that we continue to develop our own domestic capacity. My testimony today touches on several of the key issues that may affect the United States’ ability to continue attracting the world’s most talented international students to our universities and colleges. My remarks today are drawn primarily from previous GAO reports, and the framework for discussing the issues is based on the perspectives and insights from the Comptroller General’s forum held in September 2006 to discuss American

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global competitiveness in higher education that included leaders from government, universities, research institutions, higher education organizations, and industry.1 The forum participants’ suggestions and views reported here are not intended to reflect the views of GAO. All of the work on which this testimony is based was performed in accordance with generally accepted government auditing standards. In summary: 



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

The global landscape of higher education is changing and providing more alternatives for students, particularly as other countries expand their educational capacity and technology-based distance learning opportunities increase. The cost of obtaining a degree in the United States is rising, which may discourage international students from enrolling in our colleges and universities. Visa policies and procedures, tightened after September 11, 2001, to protect our national security interests, may have contributed to real and perceived barriers for international students seeking to enter the country, but recent changes have helped ease barriers.

BACKGROUND The United States has historically sought to attract international students to its colleges and universities. In recent years international students have earned about one-third or more of all of the U.S. degrees at both the master’s and doctoral levels in several of the science, technology, engineering, and mathematics (STEM) fields. In academic year 2002-2003 alone, international students earned between 45 percent and 57 percent of all the STEM degrees in the United States.2 Several federal agencies coordinate efforts to attract and bring international students to the United States and implement related requirements. The Department of State (State) manages the student visa application process, administers some student exchange programs, offers grants to facilitate international exchanges, and provides information promoting educational opportunities in the United States. State’s Bureau of Educational and Cultural Affairs supports a global network of more than 450 advising centers around the world that provide comprehensive information about educational

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opportunities in the United States and guidance on how to access those opportunities. In addition, the Undersecretary for Public Diplomacy and Public Affairs has undertaken ongoing efforts at outreach. For example, the office has organized several delegations of American university presidents to travel overseas with the Undersecretary in order to emphasize the United States’ interest in welcoming international students. The Department of Homeland Security enforces immigration laws and oversees applications for changes in immigration status. It also administers the Student and Exchange Visitor Information System (SEVIS), an Internet-based system that maintains data on international students and exchange visitors before and during their stay in the United States. Finally, the Department of Education (Education) sponsors initiatives to encourage academic exchanges between the United States and other countries, and the Department of Commerce offers various activities to help U.S. educational institutions market their programs abroad. Students or exchange visitors interested in studying in the United States must first be admitted to a U.S. school or university before starting the visa process.3 Most full-time students enter the United States under temporary visas, which usually permit them to stay for the duration of their studies but may require renewals if they return home before their studies are complete. In order to apply for a visa at a U.S. embassy or consulate, students are required to submit a SEVIS4 -generated document issued by a U.S. college or university or State-designated sponsor organization when they apply for a visa.5 State advises student applicants to apply early for a student or exchange visitor visa to make sure that there is sufficient time to obtain an appointment for a visa interview and for visa processing. Among the long-standing requirements for students applying for a visa is that they demonstrate an ―intent to return‖ to their country of origin after they complete their studies. Graduates who wish to stay and work in the United States beyond the time allowed by their student visas generally need to receive approval for a change in status, for example, through a temporary work visa or through permanent residency. Although the United States continues to enroll more international students than any other country, the number of international students enrolled in U.S. higher education institutions leveled off and even dropped slightly after 2001, as shown in figure 1. Figure 2 shows that the U.S. share of international students worldwide decreased between 2000 and 2004. According to the Institute of International Education, the decline in the number of international students attending U.S. higher education institutions between 2002 and 2003 was the first drop in over 30 years.6 While some preliminary data suggest that international student enrollment numbers may be rebounding, enrollments

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have yet to return to previous levels. Nevertheless, the United States continues to be a prime study destination for international students for numerous reasons: its high- quality higher education institutions, top-ranked graduate programs, strong research funding, English-language curriculum, and a diverse foreign-born faculty.

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Source: Institute of Intenational Education (IIE) data. Figure 1. Estimated Number of International Students Enrolled in U.S. Higher Education, 1984/1985 to 2005/2006

The Global Higher Education Landscape Is Providing More Options for Students As worldwide demand for higher education continues to rise, changes in the global higher education landscape have provided students with more options. For example, technological advancements have spurred online courses and even completely online programs that cater largely to nontraditional students having work and family commitments. Between 1995 and 2001, enrollment in distance education at the college level nearly quadrupled to over 3 million students, according to Education’s most recent data. In addition, international partnerships allow institutions to share faculty members and facilitate study abroad opportunities. International branch campuses now provide international students the opportunity to receive an American education without leaving their home country.

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Source: Organisation for Economic Co-operation and Development (OECD) data. Note: Information in this graph includes only those countries for which both 2000 and 2004 data were available, except for Canada, for which the year of reference is 2002. GAO did not assess the reliability of the data for the percentage of students enrolled in schools outside the United States. Also, the definition of international students is not uniform across countries. a Other OECD countries include Austria, Belgium, Denmark, Finland, Greece, Hungary, Iceland, Ireland, Italy, Korea, Luxembourg, Mexico, the Netherlands, Norway, Poland, Portugal, the Slovak Republic, Spain, Sweden, Switzerland, and Turkey. b Non-OECD countries include Brazil, Chile, India, Malaysia, the Russian Federation, South Africa, and others. Figure 2. Estimated Percentage of All International Higher Education Students Enrolled in a Selection of Countries by Destination, 2000 and 2004

Greater competition has prompted some countries to embrace instruction in English and encouraged other systems to expand their recruiting activities

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and incentives. Germany alone offers nearly 400 courses in English that are geared toward international students. In terms of recruiting, several of the participants during our global competitiveness and higher education forum suggested that some countries appear more committed to attracting international students than the United States or are now competing with the United States for the best and the brightest students. Japan offers the same subsidized tuition rates to international students as domestic students, while Singapore offers all students tuition grants covering up to 80 percent of tuition fees as long as they commit to working in Singapore for 3 years after graduation. France and Japan have also strengthened and expanded their scholarship programs for international students. Some countries’ recruiting efforts include providing scholarships to international students who may not be able to afford the costs of obtaining a higher education degree in the United States. In addition, some countries have also developed strategic plans or offices that address efforts to attract international students. The German Academic Exchange Service and EduFrance offer examples where government agencies have been tasked with international student recruitment. Participants at GAO’s forum on global competitiveness expressed concerns that the United States lacked such a national strategy for recruiting international students and emphasized a need to both explore new sources of international students as well as cultivate U.S. domestic capacity.

Rising Cost of U.S. Higher Education May Discourage Some International Students from Coming As the cost of attending college in the United States rises, international students may be discouraged from coming here to study. Higher education in the United States ranks among the most expensive in the world. As shown from OECD data in table 1, in 2003-2004 annual average tuition at public U.S. colleges and universities ($4,587) was second only to Australia ($5,289) and more than 2.5 times higher than Europe’s system with the highest tuition fees, that of the United Kingdom.7 In terms of private higher education providers, U.S. institutions ranked the highest at more than $17,000 per year followed by Australia ($13,420), Italy ($3,992), and Portugal ($3,803).

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Table 1. Estimated Annual Average Tuition Fees Charged by Select OECD Countries’ Tertiary-Type A Educational Institutions (School Year 2003-2004) OECD countries Public institutions Private institutions Australia $5,289 $13,420 United States 4,587 17,777 Canada 3,267 -New Zealand 2,538 3,075 Italy 983 3,992 Portugal 868 3,803 Austria 853 800 Spain 801 -Belgium (Other) 658 751 Belgium (Flanders) 540 536 Hungary 351 991 Czech Republic 0 3,449 Denmark 0 -Finland 0 0 Iceland 0 3,000 Slovak Republic 0 -Sweden 0 0 Netherlands -1,565 United Kingdom -$1,794 Source: OECD Education at a Glance 2006. Paris. Note: In equivalent U.S. dollars converted using purchasing power parity (PPP), by type of institutions, based on full-time students. Zero values indicate no tuition and dashed values indicate that data were either missing or the category was not applicable. These figures represent the weighted average of the main Tertiary-type A programs and do not cover all educational institutions. However, the figures reported can be considered as good proxies and show the difference among countries in tuition fees charged by main educational institutions for the majority of students. Tertiary- type A programs are largely theory-based and designed to provide sufficient qualifications for entry to advanced research programs and professions with high skill requirements. They have a minimum cumulative theoretical duration of three years’ full-time equivalent, although they typically last four or more years.

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Source: U.S. Department of Education. Digest of Education Statistics: 2005. Note: Data for 1986-1987 and later years reflect a basis of 20 meals per week rather than meals 7 days per week. Because of this revision in data collection and tabulation procedures, data are not entirely comparable with figures for previous years. Room and board data are estimated. Data were imputed using alternative procedures. Preliminary data based on fall 2003 enrollment weights. Data are for the entire academic year and are average total charges for full-time attendance. Tuition and fees were weighted by the number of full-time-equivalent undergraduates, but were not adjusted to reflect student residency. Room and board were based on full-time students. The data have not been adjusted for changes in the purchasing power of the dollar over time. Data for 1976-1977 to 1996- 1997 are for institutions of higher education. Institutions of higher education were accredited by an agency or association that was recognized by the U.S. Department of Education, or recognized directly by the Secretary of Education. Because of their low response rate, data for private 2-year colleges must be interpreted with caution. Figure 3. Average Undergraduate Tuition and Fees and Room and Board Rates Charged for Full-Time Students in Degree- Granting Institutions, by Type and Control of Institution: 1976-1 977 through 2004-2005

Moreover, student costs at U.S. colleges and universities continue to rise. Figure 3 depicts average undergraduate tuition and room and board costs between 1976 and 2004 for full-time students in degree-granting programs at both 4-year public and private higher education institutions as well as public 2year institutions. Average costs for private colleges and universities have risen the most since 1990, from $13,237 to $26,489. However, in percentage terms

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the most growth took place at 4-year public institutions; the change between 1990 and 2004 was approximately 118 percent compared to a 100 percent increase at 4-year privates and an 83 percent increase at 2-year institutions. International students generally do not rely on U.S. federal funding to study in the United States. According to the Institute of International Education’s Open Doors 2004/2005 report, which provides data on international student mobility patterns from U.S. universities, an estimated 71 percent of all international students reported their primary source of funding coming from personal and family sources or other sources outside of the United States. The effects of high and rising tuition and other factors on international enrollment patterns are difficult to estimate, but some policymakers are concerned that costs may be discouraging some international students from coming to U.S. higher education institutions.

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Changes in U.S. Visa Policies Contributed to Real and Perceived Barriers for International Students to Enter the Country, but Recent Improvements Have Helped Ease Some of the Burden After September 11, State and Homeland Security, as well as other agencies, took various steps to strengthen the visa process as an antiterrorism tool. This has made the visa process more robust, but may have contributed to real and perceived barriers for international students as well as fueled perceptions that international students were not welcome. Almost all visa applicants must now be interviewed by a consular adjudicating officer at a U.S. embassy or post; this requirement has both affected the number of visas issued and extended wait times for visas under certain circumstances.8 We have reviewed aspects of the visa process and have made many recommendations to strengthen the process in a way that reduces barriers for international students while balancing national security interests. In October 2002 we cited the need for a clear policy on how to balance national security concerns with the desire to facilitate legitimate travel when issuing visas and made several recommendations to help improve the visa process.9 In 2003, we reported that the Departments of State, Homeland Security, and Justice could more effectively manage the visa process if they had clear and comprehensive policies and procedures as well as increased agency coordination and information sharing.10 In 2005 we reported on State’s management of J-1 exchange programs.11 Separately in 2005, we reported on the department’s efforts to improve the time required to process visas for international science

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students and scholars as well as others.12 In 2004 we found that the time to adjudicate a visa depended largely on whether an applicant had to undergo a Visas Mantis security check. Visas Mantis security checks target foreigners who might be involved in violation or evasion of U.S. laws by exporting goods, software, technology, or sensitive information, aiming to prevent proliferation of weapons of mass destruction and conventional weapons. Between January 2004 and June 2006, almost 28 percent of all visa applications sent for Mantis security checks were for students or exchange participants. State has acknowledged that long wait times may discourage legitimate travel to the United States, potentially costing the country billions of dollars in economic benefits, including from foreign students,13 and adversely influencing foreign citizens’ impressions and opinions of our nation. Much progress has been made over the years with respect to the visa process. Since 2002, State and other agencies have implemented many of our recommendations aimed at strengthening the visa process as an antiterrorism tool while improving processes to facilitate legitimate travel. In particular, State has issued standard operating procedures, in consultation with Homeland Security, to inform consular officers on issues such as special security checks and student visa requirements. In 2005, we reported a significant decline in both Visas Mantis processing times and cases pending more than 60 days.14 Recent visa data show an increase in the number of student visas issued in the last few years.15 According to State Department data, the combined student visa issuance levels for fiscal year 2006 increased by about 20 percent from fiscal year 2002. See figure 4 for the issuance trends for individual student visa categories. Broader efforts to facilitate travel to the United States for international students have also been implemented. State has expedited interviews for students. In addition, the length of time that some visa clearances are valid has been extended. In February 2007, State issued guidance to posts that applicants should receive an appointment for a student visa interview within 15 days or less.16 We are continuing to study aspect of these issues, including visa delays and Visas Mantis security checks, which we will be reporting on in the coming months.

Concluding Observations The United States must maintain an appropriate balance between protecting national security interests and ensuring our long-term

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competitiveness. The United States has relied on undergraduate and graduate students from other countries to support both economic and foreign policy interests. Changes designed to protect national security in the wake of September 11 may have contributed to real and perceived barriers for international students, and the subsequent decline in international enrollments raises concerns about the long-term competitiveness of U.S. colleges and universities. Rising U.S. tuition costs and growing higher education options worldwide further demonstrate that the United States cannot take its position as the top destination for international students for granted. While federal efforts to reduce barriers for international students have helped, monitoring current trends and federal policies is essential to ensuring that the United States continues to obtain talented international students in the face of greater global competition. Mr. Chairman, this concludes my prepared statement. I would be happy to respond to any questions you or other members of the subcommittees may have at this time.

Source: GAO analysis of Department of State data. Figure 4. Student Visa Issuance Trends, Fiscal Years 2002 to 2006

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End Notes

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1

GAO, Highlights of a GAO Forum: Global Competitiveness: Implications for the Nation’s Higher Education System, GAO-07-135SP (Washington, D.C.: Jan. 23, 2007). 2 GAO, Higher Education: Federal Science, Technology, Engineering, and Mathematics Programs and Related Trends, GAO-06-114 (Washington, D.C.: Oct. 12, 2005). 3 A visa allows a foreign citizen to travel to a U.S. port-of entry and request permission from the U.S. immigration officer to enter the United States. It does not guarantee entry into the United States. 4 Section 641 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), as amended, requires the creation and implementation of a program to collect information relating to nonimmigrant foreign students and exchange visitor program participants during the course of their stay in the United States. Pub. L. No. 104-208, Div. C, Tit. VI, § 641, 110 Stat. 3009-704 (1996), codified as amended at 8 U.S.C. § 1372. The program became known as SEVP (Student and Exchange Visitor Program), and its core technology became known as SEVIS. It is administered by the Bureau of Immigration and Customs Enforcement (ICE) within the Department of Homeland Security (DHS), and is an Internet-based system that maintains data on foreign students and exchange visitors before and during their stay in the United States. 5 The U.S. academic institution or program sponsor provides the appropriate SEVISgenerated form when the applicant has been academically admitted to the institution or accepted as a participant in an exchange program. To ensure that they will be able to arrive in time for the start of their educational program in the United States, applicants need to request and receive the appropriate visa-qualifying document from the U.S. institution or program sponsor well in advance of their planned arrival in the United States. 6 Institute of International Education, Open Doors: Report on International Educational Exchange, 2004, New York. 7 Higher education institutions in the United Kingdom are privately controlled. However, because they are funded largely by the state, they are commonly regarded as public institutions in international comparative analyses. 8 See GAO, Border Security: Reassessment of Consular Resource Requirements Could Help Address Visa Delays, GAO-06-542T (Washington, DC: Apr. 4, 2006). 9 GAO, Border Security: Visa Process Should Be Strengthened as an Antiterrorism Tool, GAO03-123NI (Washington, D.C.: Oct. 21, 2002). 10 GAO, Border Security: New Policies and Increased Interagency Coordination Needed to Improve Visa Process, GAO-03-1013T (Washington, DC: July 15, 2003). 11 GAO, State Department: Stronger Action Needed to Improve Oversight and Assess Risks of the Summer Work Travel and Trainee Categories of the Exchange Visitor Program, GAO-06106 (Washington, D.C.: Oct. 14, 2005). 12 GAO, Border Security: Streamlined Visas Mantis Program Has Lowered Burden on Foreign Science Students and Scholars but Further Refinements Needed, GAO-05-198 (Washington, D.C.: Feb. 18, 2005). 13 In March 2007, the Deputy Secretary of State for Visa Services testified that, according to Department of Commerce figures, international students contribute $13.5 billion each year to institutions they attend and the surrounding communities in which they live. 14 GAO, Border Security: Streamlined Visas Mantis Program Has Lowered Burden on Foreign Science Students and Scholars, but Further Refinements Needed, GAO-05-198 (Washington, D.C.: Feb. 18, 2005). 15 For purposes of this testimony, unless otherwise noted, when we refer to student and exchange visitor visas we are referring to F-1 and J-1 visa categories only. The F-1 is for individuals seeking to study at accredited American higher education institutions and the J-1 is for participants in visitor exchange programs.

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In July 2004, State issued a cable to posts that directed them to give priority scheduling to persons applying for F, J, and M visas. As explained in the cable, students and exchange visitors are often subject to deadlines, so State directed posts to have well-publicized and transparent procedures in place for obtaining priority appointments for them.

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Chapter 3

HIGHER EDUCATION: UNITED STATES’ AND OTHER COUNTRIES’ STRATEGIES FOR ATTRACTING AND FUNDING INTERNATIONAL STUDENTS 

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United States Governmen Accountability Office WHY GAO DID THIS STUDY In the years following September, 11, 2001, the United States experienced its first drop in the number of international students coming to the United States in over 30 years. The United States tightened its immigration policy during this time, which may have made it more difficult for foreign nationals, including international students, to apply for a visa and, subsequently may have fueled the perception that the United States is unwelcoming. While enrollment numbers have started to rebound, they have not returned to preSeptember 11 levels. This testimony is based on ongoing and published GAO work. It includes themes from a June 2007 testimony on challenges in attracting international students. It also includes ongoing work to review other countries’ efforts to attract and fund international students. 

This is an edited, reformatted and augmented version of a U. S. Government Accountability Office publication dated June 2008.

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WHAT GAO FOUND The U.S. federal government seeks to improve global attitudes towards America through a variety of diplomatic means, including funding study for international students inside the United States. Such study, which is funded primarily through the U.S. Department of State (State), is aimed at fostering a sense of common interests and values between Americans and people throughout the world. However, this funding is one component of a larger effort to attract international students, with funding for the vast majority of students coming primarily from sources other than the federal government. GAO identified the following about the efforts of the U.S. Department of State and other countries we are reviewing as part of ongoing work with respect to funding study for international students:

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



State funds a small number of programs having a public diplomacy focus, which bring a small number of international students to the United States for undergraduate study. Specifically, State funded eight programs for 321 undergraduate students in fiscal year 2007. Combined funding for these programs totaled approximately $11.7 million. These programs allow undergraduate students the opportunity to study in both 2-year and 4-year institutions, with some leading to a degree. While State’s programs target students from all regions in the world, participants typically come from only a few countries in Europe and South/Central Asia. As part of our ongoing work, GAO has been reviewing other countries’ governments’ efforts to attract and fund international students. International comparative analysis is complicated by different countries’ national objectives and funding structures. The countries we are reviewing employ various strategies to attract diverse international student populations but also fund and administer programs in different ways. We will be learning more about these other countries’ efforts as we continue our work. We expect to issue a report on our findings in early 2009.

Chairman Delahunt, Subcommittees:

Chairman

Hinojosa

and

Members

of

the

I am pleased to be here today to discuss the federal government’s efforts to improve global attitudes toward Americans by funding higher education for Attracting International Students for Higher Education, Nova Science Publishers, Incorporated, 2010. ProQuest Ebook

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Higher Education: United States’ and Other Countries’ Strategies…

55

undergraduate international students. In the years following September 11, 2001, the United States experienced a slight drop in international student enrollment for the first time in over 30 years. In the aftermath of September 11, the United States tightened its immigration policy and made it more difficult for foreign nationals, including international students, to apply for a visa. These actions may have fueled the perception that the United States is unwelcoming. While enrollment numbers have started to rebound, they have not returned to pre-September 11 levels. The U.S. government seeks to improve global attitudes toward America through a variety of diplomatic means, including funding study for international students inside the United States. A major goal of these programs is to foster a sense of common interests and values between Americans and people throughout the world. The United States provides significant funding to attract international students to the United States to fill critical skill gaps, particularly in the science, engineering, and math fields. However, our review focuses on the programs funded and administered by the Department of State (State) that have as a goal improving relationships among the United States and other countries. Mr. Chairman, you asked us to look at Department of State programs that support international undergraduate students studying in the United States. My testimony today outlines the types of international student programs funded by the Department of State and provides preliminary information about the types of efforts other countries’ governments have in place to attract international students. My remarks are drawn from previous GAO work on global competitiveness and higher education, supplemented by ongoing work for the House Committee on Foreign Affairs, Subcommittee on International Organizations, Human Rights and Oversight. We conducted this performance audit from October 2007 to June 2008, in accordance with generally accepted government auditing standards. Those standards require that we plan and perform the audit to obtain sufficient, appropriate evidence to provide a reasonable basis for our findings and conclusions based on our audit objectives. We believe that the evidence obtained provides a reasonable basis for our findings and conclusions based on our audit objectives. In summary, 

The Department of State funds eight programs having a public diplomacy focus, which bring 321 international students to the United States for undergraduate study. These programs allow undergraduate students the opportunity to study in both 2-year and 4-year

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

institutions, with some programs leading to a degree. While State’s programs target students from all regions in the world, participants typically come from only a few countries. International comparative analysis is complicated because of differences in countries’ recruitment objectives and higher education funding. Specifically, countries we are examining as part of ongoing work employ various strategies to attract a diverse set of international student populations, and they fund and administer these programs in different ways.

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BACKGROUND Following the events of September 11, 2001 the total number of international students studying in the United States leveled off and even dropped slightly after 2001 (see figure 1) . According to the Institute of International Education, the decline in the number of international students attending U.S. higher education institutions between 2002 and 2003 was the first drop in over 30 years. Further, the U.S. share of international students worldwide dropped substantially between 2000 and 2005 (see figure 2). Although international student enrollment in the United States shows signs of rebounding, many in the international community continue to view the United States as unwelcoming. According to the Pew Global Attitudes Project, since 2002 the United States’ image has declined in both the Muslim world and among many of America’s oldest allies. In the wake of September 11, the United States also tightened its immigration policy and made it more difficult for foreign nationals, including international students, to apply for a visa. For example, face-to-face interviews were mandated for most applicants, and the number of security reviews for students and scholars in certain science and technology fields increased. As we previously reported, these changes, made to help protect our nation’s security interests, may have contributed to our declining share of international students and the perception that the United States was not a welcoming place for international students1. Another factor that may be contributing to the decline is the financing structure in the United States that makes the cost of attending college in the United States among the most expensive in the world.2 Among Organisation for Economic Cooperation and Development (OECD) countries, the U.S. ranks second with respect to public university tuition and first with respect to private university tuition.

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Some OECD countries provide free or relatively low- cost higher education for undergraduates. Moreover, other countries’ governments have begun to more aggressively market their universities to international students while expanding educational opportunities in their own countries to retain their students. Greater competition has prompted some countries to offer courses in English, expand their recruiting activities, and develop strategic plans or offices focused on attracting international students. The U.S. government seeks to improve global attitudes toward America through a variety of diplomatic means, including funding education for international students in the United States. Many of these programs are administered through the Department of State’s Bureau of Educational and Cultural Affairs and are part of the federal government’s effort to help foster a sense of common interests and values between Americans and people throughout the world. One component of this strategy includes funding study for undergraduate international students seeking to study in the United States. However, this is just one component of a larger public diplomacy effort. For example, State also administers and funds student exchanges, language acquisition, and programs for high school students. In addition, the federal government also provides funding, particularly at the graduate level, to attract international students to fill critical skill gaps. In recent years international students have earned about one-third or more of all of the U.S. degrees at both the master’s and doctoral levels in several of the science, technology, engineering, and mathematics (STEM) fields.3 While State’s undergraduate programs are an important component of the U.S. government’s public diplomacy effort to introduce international students to the United States, the vast majority of international students entering this country are not funded primarily through the federal government. According to the Institute of International Education’s Open Doors 2007 report, approximately 583,000 students came to the United States to study during the 2006/2007 academic year and more than three- fifths of all international students reported their primary source of funding for education as coming from personal and family sources. Many students also received funding directly from host universities, while less than 1 percent of all international students received funding primarily from the U.S. government. Although the primary source of funds for the vast majority of students that enter the United States is not provided by the federal government, students funded through other sources indirectly support U.S. public diplomacy efforts. Moreover, U.S. universities have increasingly established branch campuses overseas, providing another means through which to introduce

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international students to U.S. culture and values. For example, Education City—an educational complex in Qatar—now houses branch campuses of six U.S. universities, allowing students to get an American-style education without having to leave their country.4 Likewise, in the United Arab Emirates, Michigan State University has begun offering courses that will lead to degrees that are equivalent to those offered by the university in the United States. Even in countries where U.S. universities have little or no physical presence, students increasingly have access to U.S. postsecondary education through the Internet.

Source: Institute of Intenational Education (IIE) data. Figure 1. Estimated Number of International Students Enrolled in U.S. Higher Education, 1984/1985 to 2005/2006

STATE FUNDS A SMALL NUMBER OF UNDERGRADUATE PROGRAMS FOR INTERNATIONAL STUDENTS As part of its public diplomacy efforts to fund longer-term study for undergraduate international students in the United States, State funded eight programs for 321 undergraduate students in fiscal year 2007. 5 Most of these programs provided funding for a relatively small number of students.

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Specifically, 5 of the 8 programs fund undergraduate education for 12 or fewer students. Two of the primary public diplomacy programs were the Eurasia Undergraduate Exchange Program (UGRAD), which funded 171 students, and the Near East and South Asia Undergraduate Program (NESA), which funded 29 students. UGRAD, which has funded nearly 4,000 participants since its inception in 1992, offers students from Eurasia the opportunity to spend 1 academic year in the United States studying in a diverse range of programs. Its objective is to promote cultural understanding between Eurasia and the United States. NESA provides students with one semester to 1 academic year scholarships that can be used at accredited 2- and 4-year academic institutions in the United States. The program seeks to increase mutual understanding between young emerging leaders in these countries and the United States. A third program, the Community College Summit Initiative, offers students preacademic English language training and one-year certificate programs at U.S. community colleges. However, its primary objective is to develop students’ skill sets that enable them to participate in the economic development of their countries. As shown in table 1, combined funding for these programs totaled approximately $11.7 million and varied across these eight programs, ranging from $5 million for the UGRAD program to $197,600 for the U.S.- South Pacific Scholarship Program. On a per student basis, the average funding across the programs was lowest for both NESA and UGRAD—about $29,000 per student – and highest for the U. S.-Timor-Leste Scholarship program— about $100,000 per student. In general, according to State Department officials these programs cover a range of student expenses including airfare, tuition and fees, room and board, and living stipends. The UGRAD, NESA and Community College Undergraduate Summit Initiative programs do not allow participants to receive a degree.

STATE PROGRAMS DRAW STUDENTS FROM A SMALL NUMBER OF COUNTRIES Although State programs target students from all regions of the world, they tend to attract students from specific countries. The largest program in terms of both funding and enrollments—UGRAD—draws students only from Europe and South/Central Asia. Moreover, when looking at enrollment across all programs, only students from certain countries participated. Students from

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sub-Saharan Africa, for example, participated in only two of the eight programs. Similarly, students from South America participated in only one program and all of the students came from just one country (Brazil). In addition, relatively few of the students came from the Near East region (which spans northern Africa and the Middle East).

Source: Organisation for Economic Co-operation and Development (OECD) data. Note: Information in this graph includes only those countries for which both 2000 and 2004 data were available, except for Canada, for which the year of reference is 2002. GAO did not assess the reliability of the data for the percentage of students enrolled in schools outside the United States. Also, the definition of international students is not uniform across countries. a Other OECD countries include Austria, Belgium, Denmark, Finland, Greece, Hungary, Iceland, Ireland, Italy, Korea, Luxembourg, Mexico, the Netherlands, Norway, Poland , Portugal, the Slovak Republic, Spain, Sweden, Switzerland, and Turkey. b Non-OECD countries include Brazil, Chile, India, Malaysia, the Russian Federation, South Africa, and others. Figure 2. Estimated Percentage of All International Higher Education Students Enrolled in a Selection of Countries by Destination, 2000 and 2004

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Budget Allocation

Average Per Student

171

No

2- or 4year

$5,000,000

$29,240

29

No

2- or 4year

$849,642

$29,298

12

Yes

4-year

$570,624

$47,552

9

Yes

4-year

$574,328

$63,814

South/Centra l Asia

5

Yes

2- or 4year

$500,000

$100,00 0

East Asia/ Pacific

2

Yes

2- or 4year

$197,600

$98,800

East Asia/ Pacific

10

Yes

4-year

$980,000

$98,000

Europe

83

No

2-year

$3,000,000

$36,145

East Asia/ Pacific SubSaharan Africa Near East Europe South/Central Asia South America

Total Funding for Undergraduate Programs Total Number of Undergraduate Program Participants

$11,672,194

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Region of Origin

Degree Granting?

Eurasia Undergraduate Exchange Program UGRAD - (1 acad. year) Near East and South Asia Undergrad. Program NESA - (1 acad. year)b Fulbright Trans-Sahara Program (2 academic years) Fulbright Afghanistan Undergraduate Program (2 acad. years plus preacad. English)c U.S.-Timor Leste Scholarship Program (up to 4 academic years) U.S.- South Pacific Scholarship Program (up to 4 academic years)d Cyprus-America Scholarship Program (up to 4 academic years)e Community College Undergraduate Summit Initiative (1-2 academic years)f

UNDERGRADUATE PROGRAMS

School Type

Number in Program

Table 1. Characteristics of U.S. Department of State Programs in FY 2007 that Fund Academic Year or Longer U.S. Undergraduate Education for International Studentsa

Europe South/Centra l Asia Near East South/Centra l Asia Sub-Saharan Africa

321

Source: Department of State data Notes: a. A number of programs not presented here whose participants enroll for less than one academic year. In addition, the Community College, UGRAD, and NESA programs all enroll large numbers of such students. See the Department of State's Bureau of Educational and Cultural Affairs Internet page for further information.

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b. The NESA program awards semester and academic year scholarships. Participant totals and funding above reflect academic year students only. Total program funding for both semester and academic year participants was $3,008,000 ($2,211,397 for 105 NEA students; $796,603 for 41 SCA students). c. The Fulbright Afghanistan Program closed after 2007. d. The U.S.-South Pacific Scholarship Program awards scholarships for both undergraduate and master’s degree study. Participant totals and funding reflect undergraduate students only. Total program funding for both undergraduate and master’s participants was $494,000 for five students. e. The Cyprus-America Scholarship Program is funded via ESF transfer from USAID. f. The Community College program is a pilot program initiated in summer 2007. The program is projected to enroll an additional 300+ students in FY 2008

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OTHER COUNTRIES USE VARIOUS STRATEGIES TO RECRUIT AND RETAIN INTERNATIONAL STUDENTS As part of its ongoing work, GAO has been reviewing other governments’ efforts to attract international students to their countries. We are analyzing countries with the largest populations of international students in 2005 according to OECD data. International comparative analysis is complicated because countries employ various strategies to attract diverse international student populations and also fund and administer programs in different ways. For example, the Prime Minister’s Initiative 2 in the United Kingdom targets over 20 countries, including China, Russia, Saudi Arabia, and Ghana. France has close ties to North Africa, where it is creating specialized education, notably in management, and supporting a major network of preparatory classes for the local and French Grandes Ecoles (Morocco, Tunisia). In their efforts to attract international students, EduFrance partners with 177 member institutions of higher learning that pool their experience and expertise to assist foreign students. The organization also has offices abroad (88 offices in 37 countries) in partnership with diplomatic posts, institutes and cultural centers, and French language schools. Moreover, these countries have developed different ways to fund and administer their programs. For example, in France many grants are made available through bilateral assistance programs, in which grants are jointly financed by France and a foreign government. New Zealand’s International Aid and Development Agency, a nongovernmental agency, administers and funds both short-term and long-term awards to students from developing

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countries, while China’s College Scholarship Council administers undergraduate programs of up to 4 years in length, which are available to students from various countries based on bilateral exchange agreements. Last year in Germany, 269 undergraduate students from North America participated in the Research Internships in Science and Engineering (RISE) program. The RISE program is supported by the German Federal Ministry for Economics and Technology, and by large industry organizations in Canada, Germany, and the United States. RISE is administered by the German Academic Exchange Service’s (DAAD), Germany’s national agency for the support of international academic cooperation. DAAD has five strategic goals, including increasing the appeal of Germany’s higher education systems among students, academics, and scientists from around the world. To achieve these objectives, Germany has established an organizational structure to administer a variety of international education programs. Similarly, the European Commission established the Education, Audiovisual and Culture Executive Agency, in part, to implement the European Union’s 5-year, 296 million euro6 Erasmus Mundus program. We will be learning more about these other countries efforts as part of our ongoing work. We expect to report on these findings in early 2009. Mr. Chairman, this concludes my prepared statement. I would be happy to respond to any questions you or other members of the subcommittee may have at this time.

End Notes 1

GAO, Higher Education: Challenges in Attracting International Students to the United States and Implications for Global Competitiveness, GAO-07-1047T (Washington, D.C.: June 29, 2007). 2 GAO, Higher Education: Tuition Continues to Rise, but Patterns Vary by Institution Type, Enrollment, and Educational Expenditures, GAO-08-245 (Washington, D.C.: Nov. 28, 2007). 3 GAO, Higher Education: Federal Science, Technology, Engineering, and Mathematics Programs and Related Trends, GAO-06-114 (Washington, D.C.: Oct. 12, 2005). 4 The six American universities are Virginia Commonwealth University, Weill Cornell Medical College, Texas A&M University, Carnegie Mellon University, Georgetown University School of Foreign Service, and Northwestern University. 5 The Fulbright Afghanistan Program closed after 2007. 6 According to the European Commission, the Erasmus Mundus budget is 230 million euros for 5 years (2004-2008), plus 66 million euros for student scholarships for citizens coming from a range of specific countries. For more information, see http://ec.europa.eu/education/programmes/mundus/programme/facts_en.html

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Chapter 4

FOREIGN STUDENTS IN THE UNITED STATES: POLICIES AND LEGISLATION



Chad C. Haddal

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Immigration Policy

SUMMARY In the midst an economic downturn, colleges and universities in the United States are finding themselves confronting economic difficulties. Foreign students have historically been an important source of revenue for colleges and universities because unlike many of their native counterparts, foreign students frequently do not receive financial aid from the university— particularly at the undergraduate level. Despite the financial justifications for admitting large numbers of foreign students, critics of foreign student admissions generally raise two objections. The first objection is that foreign students are potentially displacing United States citizens at top- tier institutions, thereby putting the United States labor force at a competitive disadvantage. The second objection is that foreign students could potentially constitute a security risk. The tension over whether to legislate foreign student admissions levels is part of a broader set of competing policy agendas surrounding economic 

This is an edited, reformatted and augmented version of a CRS Report for Congress publication dated February 2009.

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development and national security. Foreign students sit at the nexus of these competing policies due to their linkage to both the emerging labor force and their historical ties to security-based vulnerabilities. Thus, a potential issue for the 111th Congress is whether foreign student visas should be numerically limited, or if they should remain uncapped. Additionally, Congress may need to consider whether it should legislate programs that either promote or deter additional admissions of foreign students to the United States. 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 FY2008, DOS issued 767,266 visas to F, J, and M nonimmigrants, making up 11.6% 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. A diverse set of issues related to foreign students, including foreign student funding and English- language competency, has raised concerns with some universities, advocacy groups, and other observers. Additionally, legislation introduced in previous Congresses have focused on attracting more students in science, technology, engineering, and mathematics. Thus, it is likely that similar legislation will be introduced in the 111th Congress. This chapter will be updated as necessary. In the midst of an economic downturn, colleges and universities in the United States are finding themselves confronting economic difficulties. Many schools rely on endowments to help fund activities, programs, and expenses. The marked decrease in schools’ endowments due to investment losses could potentially mean that many schools would need to cut programs and costs, as well as become more reliant on other sources of revenue to cover shortfalls. Foreign students have historically been an important source of revenue for colleges and universities because unlike many of their native counterparts, foreign students frequently do not receive financial aid from the university— particularly at the undergraduate level. Consequently, numerous college and university administrators will likely advocate that maintaining or increasing

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foreign student levels is an important element to remaining financially viable through their economic difficulties. Despite the financial justifications for admitting large numbers of foreign students, critics of foreign student admissions generally raise two objections. The first objection is that foreign students are potentially displacing United States citizens at top-tier institutions, thereby putting the United States labor force at a competitive disadvantage. Moreover, if these students are allowed to stay and become employed in the U.S. economy, critics argue, they displace U.S. citizens from employment opportunities. The second objection is that foreign students could potentially constitute a security risk. Although security systems for tracking foreign students have been implemented, critics will note that these systems have loopholes. Additionally, the historical record of terrorist exploitation of foreign student visas for many observers means that the categories could be subject to future attempted terrorist admissions to the United States. The tension over whether to legislate foreign student admissions levels is part of a broader set of competing policy agendas surrounding economic development and national security. Foreign students sit at the nexus of these competing policies due to their linkage to both the emerging labor force and their historical ties to security-based vulnerabilities. Thus, a potential issue for the 111th Congress is whether foreign student visas should be numerically limited, or if they should remain uncapped. Additionally, Congress may need to consider whether it should legislate programs that either promote or deter additional admissions of foreign students to the United States.

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.1

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Foreign students are generally considered to enrich cultural diversity of the educational experience for U.S. residents as well as enhance the reputation of U.S. universities as world-class institutions. 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—raised 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.

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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.2 The three visa categories generally used by foreign students are F visas for academic study; M visas for vocational study; and J visas for cultural exchange.

F Visa The most common visa for foreign students is the F-1 visa. It is tailored for international students pursuing a full-time academic education. The F-1 student is generally admitted as a nonimmigrant for the period of the program of study, referred to as the duration of status.3 The law requires that the student have a foreign residence that they have no intention of abandoning. Their spouses and children may accompany them as F-2 nonimmigrants. To obtain an F-1 visa, prospective students also must demonstrate that they have met several criteria: 

They must be accepted by a school that has been approved by the Attorney General.4

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They must document that they have sufficient funds or have made other arrangements to cover all of their expenses for 12 months.5 They must demonstrate that they have the scholastic preparation to pursue a full course of study for the academic level to which they wish to be admitted and must have a sufficient knowledge of English (or have made arrangements with the school for special tutoring, or study in a language the student knows).

Once in the United States on an F visa, nonimmigrants are generally barred from off-campus employment. Exceptions are for extreme financial hardship that arises after arriving in the United States and for employment with an international organization.6 F students are permitted to engage in oncampus employment if the employment does not displace a U.S. resident. In addition, F students are permitted to work in practical training that relates to their degree program, such as paid research and teaching assistantships. An alien on an F visa who otherwise accepts employment violates the terms of the visa and is subject to removal and other penalties discussed later in this chapter.

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J Visa Foreign students are just one of many types of aliens who may enter the United States on a J-1 visa, sometimes referred to as the Fulbright program. Others admitted under this cultural exchange visa include scholars, professors, teachers, trainees, specialists, foreign medical graduates, international visitors, au pairs, and participants in student travel/work programs. Those seeking admission as a J-1 nonimmigrant must be participating in a cultural exchange program that the U.S. Department of State’s Bureau of Educational and Cultural Affairs (BECA)7 has designated. They are admitted for the period of the program.8 Their spouses and children may accompany them as J-2 nonimmigrants. Responsible officers of the sponsoring organizations must be U.S. citizens. The programs that wish to sponsor J visas also must satisfy the following criteria:  

be a bona fide educational and cultural exchange program, with clearly defined purposes and objectives; have at least five exchange visitors annually;

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Chad C. Haddal   

 

  

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



 

provide cross-cultural activities; be reciprocal whenever possible; if not sponsored by the government, have a minimum stay for participants of at least three weeks (except for those designated as ―short term‖ scholars); provide information verifying the sponsoring program’s legal status, citizenship, accreditation, and licensing; show that they are financially stable, able to meet the financial commitments of the program, and have funds for the J nonimmigrant’s return airfare; ensure that the program is not to fill staff vacancies or adversely affect U.S. workers; assure that participants have accident insurance, including insurance for medical evacuations; and provide full details of the selection process, placement, evaluation, and supervision of participants.9 As with F visas, those seeking J visas must have a foreign residence they have no intention of abandoning. However, many of those with J visas have an additional foreign residency requirement in that they must return abroad for two years if they wish to adjust to any other nonimmigrant status or to become a legal permanent resident in the United States. This foreign residency requirement applies to J nonimmigrants who meet any of the three following conditions: An agency of the U.S. government or their home government financed in whole or in part—directly or indirectly—their participation in the program. The BECA designates their home country as clearly requiring the services or skills in the field they are pursuing. They are coming to the United States to receive graduate medical training.

There are very few exceptions to the foreign residency requirement for J visa holders who meet any of these criteria—even J visa holders who marry U.S. citizens are required to return home for two years.10 Although many aliens with J-1 visas are permitted to work in the programs in which they are participating, the work restrictions for foreign students with a J-1 visa are similar to those for the F visa.

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M Visa Foreign students who wish to pursue a non-academic (e.g., vocational) course of study apply for an M visa. This visa is the least used of the foreign student visas. Much as the F students, those seeking an M visa must show that they have been accepted by an approved school, have the financial means to pay for tuition and expenses and otherwise support themselves for one year, and have the scholastic preparation and language skills appropriate for the course of study. Their spouses and children may accompany them as M-2 nonimmigrants. As with all of the student visa categories, they must have a foreign residence they have no intention of abandoning. Those with M visas are also barred from working in the United States, including in on-campus employment.

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Duration of Status Visa Although most nonimmigrants are admitted with visas that have a precise expiration date, foreign postsecondary students are admitted for ―duration of status,‖ which lasts as long as they are full- time students or participating according to the terms of their exchange programs. It is difficult for DHS to know when foreign students have overstayed because the duration of status lacks a fixed termination date and schools, although required to report students who stop attending, have not been required until recently to systematically report data on the progress of the foreign student (see below). For many years, a foreign student was admitted for only one year and had to renew his or her visa each subsequent year for as long as he or she was enrolled. The former-INS then issued regulations in 1978 and 1981 allowing for visa validity periods longer than one year. In regulations in 1983 and 1987 that were aimed at ―eliminating burdensome paperwork,‖ the same agency reduced the reporting requirements and established the ―duration of status‖ policy that remains in practice currently.11

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PROCESSING, SCREENING, AND REPORTING Agency Involvement

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Nonimmigrant foreign students are processed by four different federal agencies during their tenure as applicants to and foreign students at United States higher education institutions. The first U.S. institution involved is the Department of State (DOS), which conducts the applicant interviews and either grants or rejects the visa applications. Once a nonimmigrant arrives at a United States port of entry, the individual receives an inspection by the Customs and Border Protection (CBP). The student’s arrival is reported to the Immigration and Custom Enforcement (ICE) for entry in to the Student and Exchange Visitor Information System (SEVIS). After entry, the alien’s academic institution is responsible for reporting information to the SEVIS database. The SEVIS information is then shared with DOS, CBP, and the U.S. Citizenship and Immigration Services (USCIS). The latter agency is responsible for adjudicating any adjustments in visa status the foreign students wishes to make.

Screening Procedures Potential foreign students, as well as all aliens, must satisfy DOS’s consular officers abroad and DHS inspectors upon entry to the United States that they are not ineligible for visas under the so- called ―grounds for inadmissibility‖ of the INA. These criteria include security and terrorist concerns as well as health-related grounds and criminal history.12 Some provisions may be waived/overcome in the cases of nonimmigrants, refugees, and certain other aliens. To become a nonimmigrant, aliens also must demonstrate that they are not ―intending immigrants‖ (i.e., wanting to reside permanently in the United States).13 In terms of criminal, security and terrorist concerns, the consular officers who process visa applicants are required to check the consolidated Terrorist Screening Database (TSDB)14 before issuing any visa; thus, the names of foreign students are run through various databases, as are those of all other nonimmigrants seeking a visa to enter the United States. In FY2006, DOS identified 15 potential nonimmigrants (i.e., foreign nationals coming temporarily) as inadmissible because of student visa abuse. Comparatively,

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DOS identified 4,924 potential nonimmigrants as inadmissible on criminal, security or terrorist concerns in FY2006.15 It is not known how many, if any, of these latter potential nonimmigrants were seeking to enter the United States on student visas. The Immigration and Nationality Act of 1952 originally included a requirement that all visa applicants be fingerprinted, with waivers for A visa (diplomats) and G visa (representatives of international organizations) nonimmigrants.16 The statutory requirement for fingerprinting nonimmigrants was repealed in 1986, but the Attorney General still has the discretionary authority to require fingerprints of aliens applying for nonimmigrant visas ―for the purposes of identification and investigation.‖17

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Security Concerns In 1995, the former-INS began a review of the admission and monitoring of foreign students. Impetus for the review came in part from former Federal Bureau of Investigation Director Louis Freeh who expressed concern that possible terrorists could use foreign student status as a way of entering the United States.18 Those concerned with the security risks of the foreign student visa often pointed out that one of the men convicted in the 1993 World Trade Center terrorist bombing had entered the United States on a student visa, dropped out of school, and yet stayed in the country. Former INS Commissioner Doris Meisner emphasized plans to automate a foreign student reporting and monitoring system when she testified before the Senate Committee on the Judiciary’s Subcommittee on Immigration in 1995.19 The former-INS had not been maintaining the addresses of foreign students, and reviews of the reporting system questioned the accuracy of the data.20 The National Commission on Terrorism, a bi-partisan commission established by Congress, cited the vulnerability of the foreign student visa in its June 2000 report, which recommended, among other things, that the former-INS automated system to monitor foreign students be enhanced and expanded.21 Reports that several of the terrorists involved in the September 11 attacks entered the United States on foreign student visas led many others to echo earlier calls for a better monitoring system.

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Student and Exchange Visitor Information System (SEVIS) When Congress enacted the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA) of 1996, it added statutory language mandating that the Attorney General (now Secretary of Homeland Security), in consultation with the Secretaries of State and Education, develop by January 1, 1998, a program to collect data on F, J, and M nonimmigrants from at least five countries. By 2003, the data collection requirement included all countries. This provision, §641 of IIRIRA, requires that DHS collect the following data elements:  

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 

identity and address of the alien; nonimmigrant classification of the alien, date of visa issuance, and any change or extension; academic status of the alien (e.g., full-time enrollment); and any disciplinary action taken by the school, college, or university as a result of a crime committed by the alien.

DHS is to collect the information electronically ―where practical.‖22 According to §641 of IIRIRA, educational institutions are required to report this information to DHS as a condition of continued approval to enroll foreign students.23 From June 1997 to October 1999, the former-INS conducted the first pilot program known as the Coordinated Interagency Partnership Regulating International Students (CIPRIS) at 21 educational institutions in Georgia, Alabama, North Carolina, and South Carolina, at Atlanta’s Hartsfield Airport, and at the former-INS Texas Service Center. In July 2001, the former-INS announced that the second phase of its foreign student monitoring system, referred to as the Student and Exchange Visitor Information System (SEVIS), would begin at 12 Boston area institutions. According to published statistics, there are currently 9,012 SEVIS-approved schools and 996,263 current active international non-immigrant students, exchange visitors, and their dependants in SEVIS.24 Prior to September 11, 2001, some university officials argued they would be turned into an enforcement agent of the former-INS and expressed concern that the confidentiality of their student records would be compromised.25 Although educational institutions stopped their calls to repeal §641 of IIRIRA after the terrorist attacks and now support a tracking system, many educational institutions across the country expressed frustration about these new reporting

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requirements. They argued that the SEVIS is burdensome and that DHS is not providing training to staff who must use SEVIS.26 All continuing foreign students were required to be entered into SEVIS as of August 2003.27 Following the full implementation of SEVIS in 2003, when its administration was taken over by the Student and Exchange Visitor Program (SEVP) at ICE, there has not been much legislative activity on foreign student monitoring. Some believe that SEVIS has been left relatively unaltered during this time because of high-profile incidents that have positively contributed to the SEVIS image with the general public. Notably, the data from SEVIS resulted in the detection of several instances of unaccounted alien students, including some as recent as the summer of 2006. In this high profile incident, 11 Egyptian student visa holders were admitted at U.S. ports of entry, but never reported to classes or to the appropriate SEVIS officials at Montana State University. University officials reported the absence to DHS, which was able to locate and apprehend all of the 11 students.28 Incidents such as this one are generally accepted as indicators that SEVIS is working as intended. Although SEVIS has been one of the less criticized DHS monitoring systems in recent years, ICE believes it is inadequate in its current form for security purposes.29 Thus, the agency has proposed raising its fees to fund a second-generation system known as SEVIS II to address security vulnerabilities (discussed in the ―Current Issues‖ section).30 Yet, concerns continue with respect to whether increased security is detracting from the United States’ ability to attract the number and quality of foreign students that higher education proponents advocate. The fields of science, technology, engineering and mathematics (STEM) have become particularly dependent upon foreign students, and these fields hold a top priority with most research institutions. Furthermore, the U.S. economy has a high demand for the skillsets produced in these fields of study, and the STEM students can provide a major link between the academic community and the labor market.31 Consequently, with security measures now implemented, many groups in higher education and the private sector are seeking to develop pathways to immigration for foreign students.32 The Bush Administration has responded to these concerns with recent regulatory changes aimed at facilitating such pathways (also discussed in the ―Current Issues‖ section).33

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TRENDS AND CHARACTERISTICS

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Foreign students have been coming to study in the United States for almost a century, and the numbers admitted have more than doubled over the past two decades. In FY1979, the total number of F and J visas issued by DOS consular officers was 224,030 and comprised 4% of all nonimmigrant visas issued.34 In FY1989, the number of F, M, and J visas had grown to 373,932, constituting 5% of all nonimmigrant visas DOS issued. By FY2008, DOS issued 767,266 visas to F, J, and M nonimmigrants, and these categories made up 11% of all nonimmigrant visas issued.35 As Figure 1 illustrates, J cultural exchange visitors lead all educational visa categories with 392,089 visas issued in FY2008.36 The F academic students category followed with 364,423, and the M students category trailed with 10,754 visas issued in FY2008.

Source: CRS presentation of U.S. Department of State, Bureau of Consular Affairs, Report of the Visa Office: 2008 data. Note: While Department of State data from the Report of the Visa Office: 2008 on the program type of the J visa recipient are not available, the Open Doors2006 survey by the Institute of International Education reports that roughly 5% of foreign students are on J visas, but over half of international scholars are on J visas. Figure 1. F, J, and M Nonimmigrant Visas Issued in FY2008

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Source: CRS presentation of U.S. Department of State, Bureau of Consular Affairs, Report of the Visa Office: 2008 data. Note: N = 375,177. 82 visas were issued to individuals with unknown region of origin.

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Figure 2. Region of Origin for F and M Nonimmigrants, FY2008

The largest sending region of the world for F and M student visas is Asia, as Figure 2 depicts. DOS data show Asia having 244,737 visas issued to F and M nonimmigrants in FY2008, representing 65.2% of the 364,423 cumulative F and M visas issued. Europe had the second largest portion of visas issued with roughly 17.8%, or 66,965. North and South American countries had smaller portions, with 17,849 and 23,593, respectively, or approximately 4.8% and 6.3% of the total. Africa’s share of F and M nonimmigrant visas issued was 19,486 or roughly 5.2% of the total, while Oceania’s 2,465 visas issued constituted approximately 0.7% of the total for F and M visas.37 According to International Educational Exchange’s Open Doors survey of U.S. colleges and universities, the largest group (44.4%) of foreign students enrolled in 2007-200 8 were in graduate degree programs.38 As Figure 3 presents, the second largest portion (28.5%) were enrolled in undergraduate degree programs. An additional 10.5% were enrolled in associate degree programs. Foreign students enrolled in other programs comprised 7.5% of the foreign student total.39 Participants in optional practical training programs constituted 9.1% of the international student total in the 2007-2008 academic year.

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Source: CRS Presentation of data from Koh Chin, Hey-Kyong, and Rajika Bhandari, Open Doors 2008: Report on International Educational Exchange, New York: Institute of International Education, 2008.

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Figure 3. Academic Levels of Foreign Students, 2007-2008

Source: CRS Presentation of data from Koh Chin, Hey-Kyong, and Rajika Bhandari, Open Doors 2008: Report on International Educational Exchange, New York: Institute of International Education, 2008. Note: N = 623,805. Figure 4. Major Fields of Study for Foreign Students, 2007-2008

The fields of study undertaken by foreign students appear to be quite diverse, as Figure 4 shows. The largest category is business and management, which is the field of study for 17.8% of foreign students. Engineering along with physical and life sciences follow with 15.4% and 8.5%, respectively.

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Mathematics and computer sciences and social sciences accounted for 7.4% of the student population. The number of students participating in optional practical training has seen a marked increase in the last couple of years and currently accounts for 9% of foreign students’ major study fields.40 The category of other fields of study accounted for 9.8% of the foreign student population.

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FOREIGN STUDENTS ON NON-STUDENT VISAS Although the INA contains specific categories for intending students, almost all classes of nonimmigrant visitors are permitted to attend schools in the United States. Generally, the visa holders’ course work must be incidental to their primary purpose for being in the United States. As shown in Table 1 below, the principal visa holder in all classes of nonimmigrants except ―B‖ visitors,41 ―C‖ aliens in transit,42 and ―D‖ crewmen may attend school.43 Moreover, the majority of these categories also permit spouses and minor children to attend school. However, because school attendance is incidental to the visa’s primary purpose, the visas may not be extended to complete a course of study. As such, all nonimmigrant categories except aliens in transit, crewmen, ―K‖ fiancees and spouses of U.S. citizens,44 and ―S‖ witnesses and informants45 are allowed to change status to the F, J, or M nonimmigrant categories. Nonimmigrant students who are in the United States on other than F, J, or M visas may attend the school of their choice on either a part-time or full-time basis (with exceptions noted in Table 1), including schools that are not approved by the (SEVP). Provided that school enrollment and attendance does not supercede the nonimmigrant’s primary intent under his or her existing visa category (or in no other way violates the terms of the visa), the nonimmigrant may continue to pursue course work. Investigation of student activities and the determination of visa violations are made by ICE agents. ICE generally encourages nonimmigrants who wish to pursue education in the United States to apply for change of status to an F, J, or M nonimmigrant visa.46 Moreover, if the nonimmigrant wishes to pursue employment resulting from educational attainment, he or she must apply for work authorization, as well as for change of status to a qualifying nonimmigrant visa. The reporting requirements of SEVIS transfer to neither non-educational visa holders nor programs without enrolled F, J, or M visa holders. A foreign

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national enrolled on a noneducational visa is not required to submit documentation in the SEVIS system. Schools are required to report only on foreign students with F, J, or M visas, and if the school does not enroll those classes of nonimmigrants, it is not required to be SEVP approved for nonimmigrant visa holders to attend. The application and admissions process for both SEVP and non-SEVP-certified programs varies from school to school, but with the exception of the SEVIS document requirements,47 the required documentation standard is set by the school. In the wake of the September 11 terrorist attacks, Congress chose to increase the monitoring of educational visas. However, it did not create restrictions on other nonimmigrant visas to prevent school attendance by nonimmigrants without one of the three educational visas. Therefore, SEVIS serves as a monitoring system for foreign nationals admitted on educational visas, but it does not monitor foreign students as a whole. As an example, a trucking school may not be SEVP-certified but may still enroll a nonimmigrant on an ―E‖ treaty trader or investor visa. Although the school would still have other reporting requirements, they would not be immigrationrelated; rather, they would represent the aggregate data on legal operations, as well as the distribution of federal and state-provided student funding. If the students do not receive federal funds and none of the students are on F, J, or M visas, the trucking school has neither the incentive, nor an instrument, for reporting on its foreign student population to immigration authorities.

CURRENT ISSUES After dedicating the years since the September 11 terrorist attacks to improving security and tracking measures for foreign students, universities in the past couple of years have geared their efforts toward attracting foreign students in high-demand fields of study. In particular, the STEM fields of study have received strong attention. With the economic downturn affecting the revenue streams of colleges and universities, this emphasis is likely to continue. The STEM fields generate strong revenues in the form of grants, and its graduates tend to receive higher salaries in the workforce—the latter tendency being attractive because it ultimately is correlated with stronger levels of alumni donations. The issue of funding, as well as several other current issues relating to foreign students, is discussed below.

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Table 1. Nonimmigrant Eligibility for Student Status, by Class

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Nonimmigrant Class

A. Foreign Government Official B. Visitors C. Aliens in Transit D. Crewmen E. Treaty Traders and Treaty Investors F. Academic or Language Students G. Representatives to International Organizations H. Temporary Workers I. Foreign Media Representatives J. Exchange Visitors K. Fiancé(e)s and Spouses of U.S. citizens L. Intracompany Transferees M. Vocational or other Nonacademic Students

Principal May Attend School

Spouse May Attend School

K-12 Allowed For Minor Children

Post Secondary Allowed for Unmarried Minor Children

214.2(e)(4)

yes no (2) no no yes

yes NP NP NP yes

yes no (3) NP NP yes

yes no NP NP NP

Full-Time Study Required for Children 21 to 23(25) to Maintain Dependent Status yes (1) NP NP NP NP

214.2(f)(15)

yes (5)

yes (6)

yes

yes (7)

NP

NP

214(2)(g)(1)(iii) & (iv)

yes

yes

yes

yes

yes (8)

yes

214.2(h)(9)(iv) 214.2(j)(1)(i) 214.2(k)(3)

yes yes yes yes

yes NP yes yes

yes NP yes yes

yes NP yes yes

NP NP NP NP

yes yes yes (9) no

214.2(l)(7)(ii) 214.2(m)(17)

yes yes (10)

yes yes (11)

yes yes

yes yes (12)

NP NP

yes yes (13)

8 CFR Reference Allowing Spouses And Children

214.2(a)(1)(i) & (iii)

May Apply to Change Status to F-1, M-1 or J-1

yes yes (4) NP NP yes

Table 1. (Continued)

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Nonimmigrant Class

N. Certain Parents and Children of Section 101(a)(27)(I) Special Immigrants O. Workers with Abilities P. Artists, Athletes, and Entertainers Q. International Cultural Exchange Visitors R. Religious Workers NATO North Atlantic Treaty Organization S. Witnesses and Informants T. Alien Victims of Human Trafficking U. Alien Victims of Certain Crimes V. Certain Second Preference Beneficiaries

Principal May Attend School

Spouse May Attend School

K-12 Allowed For Minor Children

Post Secondary Allowed for Unmarried Minor Children

214.2(n)

yes

NP

yes

yes

Full-Time Study Required for Children 21 to 23(25) to Maintain Dependent Status NP

214.2(o)(6)(iv) 214.2(p)(1) and (8)(iii)(D) 214.2(q)(1)(ii)

yes yes

yes yes

yes yes

yes yes

NP NP

yes yes

yes

yes

yes

yes

NP

yes

214.2(r)(4) and (8) 214.2(s)(1) and (2)

yes yes

yes yes

yes yes

yes yes

NP yes (14)

yes yes

214.2(t)(3) 214.11(o)(11)

yes yes (16)

yes yes

yes yes

yes (15) yes

NP NP

NP yes

Pending 214.15(a) and (g)

yes (16) yes

yes yes

yes yes

yes yes

NP NP

yes yes

8 CFR Reference Allowing Spouses And Children

May Apply to Change Status to F-1, M-1 or J-1

yes

Source: CRS presentation of information from DHS Immigration and Customs Enforcement, Nonimmigrants: Who Can Study?, May 2006, at http://www.ice.gov/doclib/sevis/ pdf/Nonimmigrant%20Class%20Who%20Can%20Study.pdf.

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Notes: NP = No Provision in Statute or Regulation. Only F, J and M students are limited to attendance at SEVP-approved schools and programs. Nonimmigrants who are attending school incidental to their primary purpose for being in the United States may attend the school of their choice either part-time or full-time (unless otherwise noted). However, these nonimmigrants must abide by the rules of their current status and cannot extend their stay in the United States for the purposes of completing a program of study or a degree. Spouses and children who derive their status from that of the principal may not remain in the United States beyond the period approved for the principal in order to continue schooling. In most cases, children lose their derivative status at the age of 21 and must apply for a change of status to F-1 or M-1 if they wish to remain in the United States to continue their course of study. (1) Dependent children of Foreign Government Officials who are age 21 to 23 (and up to age 25 if a bilateral agreement exists) may remain in the United States with derivative status if the child attends a post-secondary school full-time. Consular officials may also issue dependent visas to other close relatives. Anyone with derivative A status may study incidental to that status. (2) Visitors may, however, engage in study that is merely avocational or recreational in nature. (3) In some cases, a B-2 child is allowed to study if accompanying a parent and the study is incidental to reason for the parent traveling to the United States. For example, missionaries may enter as a B-2 and the children may attend K-12 school while the parent is pursuing the primary purpose of the visit. The length of stay will not be extended to allow a minor child to complete a school year. 4) B nonimmigrants that apply for a change of status to an F or M nonimmigrant student may not begin attending school until the change of status is approved (5) F-1 nonimmigrants must attend a SEVP Certified School full-time. (6) An F-2 spouse may not engage in a full course of study, but may engage in study that is merely avocational or recreational in nature. To engage in a full course of study, an F-2 spouse must apply for and be granted F-1, M-1, or J-1 status. (7) An F-2 child may not engage in study at the post-secondary level, but may engage in recreational or avocational study. To study at the post-secondary level, the child must apply for and be granted F-1, M-1, or J-1 status. (8) Dependent children of Representatives to International Organizations who are age 21 to 23 (and up to age 25 if a bilateral agreement exists) may remain in the United States with derivative status if the child attends a post-secondary school full-time. (9) J-1 nonimmigrants who are subject to the section 212(e) two-year foreign residence requirement must fulfill or obtain a waiver of that requirement before they may apply for immigrant status or status as an H or L nonimmigrant. J nonimmigrants who are subject to the INA 212(e) two-year foreign residence requirement cannot change from J to F-1 status, but can consular process to F-1. J

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nonimmigrants who received graduate medical education are not eligible for change of status to F-1 regardless of whether or not they are subject to 212(e), but also may consular process to F-1. (10) M-1 nonimmigrants must attend an SEVP Certified School full-time. (11) An M-2 spouse may not engage in a full course of study, but may engage in study that is merely avocational or recreational in nature. To engage in a full course of study, an M-2 spouse must apply for and be granted F-1, M-1, or J-1 status. (12) An M-2 child may not engage in study at the post-secondary level, but may engage in recreational or avocational study. To study at the post-secondary level, the child must apply for and be granted F-1, M-1, or J-1 status. (13) An M-1 cannot apply for a change of status to an F-1. (14) Dependent children of North Atlantic Treaty Organization (NATO) Officials who are age 21 to 23 (and up to age 25 if a bilateral agreement exists) may remain in the United States with derivative status if the child attends a post-secondary school full-time. (15) Includes a married or unmarried son or daughter. There is no age limit. (16) Where the principal is under 21, their parents and unmarried siblings under 18 who are in T/U status are also allowed to study.

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Foreign Students and Funding A newly emerging foreign student focus is the targeting of students intending to specialize in the areas of STEM. This focus is part of a broader movement within higher education that emphasizes STEM-related skill development.48 Foreign students in these fields of study represent a particularly attractive demographic for most universities since they provide skilled assistants and other forms of research labor during their time of study. Furthermore, undergraduate foreign students pay full tuition and are therefore an important source of revenues for many universities. This is highly relevant in discussions of STEM students, because foreign students constitute a significant portion of the overall STEM student population. For example, data from the National Science Foundation (NSF) show that in 2004, foreign students on nonimmigrant visas accounted for 28.4% of all the doctorates in the sciences and 57.2% of all the doctorates in engineering.49 Institute of International Education’s (IIE) Open Doors data collection shows that STEM students accounted for 33.1% of foreign students in the 2005-2006 academic year.50 An ongoing point of contention for both STEM and non-STEM alike has been the availability of fellowships and teaching assistantship funding for foreign graduate students. Although these foreign graduate students are ineligible for direct aid from the government, most receive work- supported aid from the universities, where the funds stem from federally funded research grants to the university. This arrangement has been an ongoing source of controversy.51 A 2004 study revealed that a greater percentage of financial support for doctoral students goes to non-U.S. citizens than to U.S. citizens. According to the survey, 85.5% of temporary visa doctoral recipients received some form of assistantship, traineeship, fellowship, or dissertation grant as their primary source of funding. By comparison, similar funding support was received by 75.9% of permanent visa holders, 61.6% of U.S. citizens, and 69% of all doctoral recipients.52 U.S. minority groups argue being particularly disadvantaged by the university support of foreign students because these foreign students may financial support allotted for minorities.53 Among ethnic groups, approximately 44.0% of African Americans and 48.3% of American Indians use their own resources to support their graduate studies, as compared with 32.8% of Caucasians, 32.7% of Hispanics, and 18.1% of Asian Americans.54

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Foreign Students and Language Competence Complaints have been levied against the support of foreign graduate students due to the lack of English competence.55 Foreign students are required to take the Test of English as a Foreign Language (TOEFL) in order to demonstrate that they could effectively study and provide instruction in English. In Asian countries, such as China, cases of identity fraud have occurred at the test taking centers.56 Students with lower levels of English competence have reportedly paid others to conduct the test in their place while falsely presenting themselves as the student seeking admission to a U.S. institution.57 Universities have had difficulty determining whether TOEFL scores are fraudulent until the student actually arrives in the United States. At this time, written offers of support have already been extended to the student and accepted. Although English- language competency persists as a problem for many programs, some university programs have reacted by not admitting any graduate students from countries with a history of fraudulent TOEFL scores, or requiring additional in-person interviews and making admission conditional upon successfully completing such interviews.58

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New Pathways to Permanent Residence Many employers in STEM-related fields find the hiring of U.S. trained alien graduates to be an enticing prospect because of the diminishing proportion of U.S. citizens to foreign nationals among STEM-trained graduates. For those students on F-category nonimmigrant visas, a relationship with an employer can be built through the use of the optional training period. For up to 12 months after graduation, an F-visa student can serve as an intern for a United States firm without having to adjust his or her visa. Some firms find this option appealing because it can help bring in needed skills without being restricted to numerical limits or the same strict criteria as the H-1B visa for nonimmigrant professional workers.59 For those students who pursue optional practical training with a U.S. employer, the training period becomes a valuable opportunity to develop a relationship with an employer that could eventually result in an employmentbased petition for permanent residence. Any individual wishing to come to the United States as an employment-based legal permanent resident (LPR) must have the employer submit a petition on his/her behalf. Because of the diminishing proportion of U.S. citizens to foreign nationals among STEM-

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trained graduates, some employers have pushed for the lengthening of the optional practical training period, as well as the creation of direct pathways to LPR status for foreign students in U.S. higher education institutions.60 Such proposals are reflected in some recent legislation. On April 8, 2008, USCIS published an interim final rule (with request for comments)61 on extending the optional practical training (OPT) period by 17 months62 for F-1 nonimmigrant students with STEM degrees.63 Only STEM students who accept employment with employers enrolled in E-Verify64 would be eligible for the 17-month OPT extension.65 The student must request a recommendation for an extension from his or her designated school official (DSO). If the DSO recommends the student, this recommendation would be entered by the DSO into SEVIS, at which time the student would submit Form I-7 65 and any appropriate fees to USCIS.66 The student would also be required to report to the DSO at his or her school certain employment- related information67 and verify this information every six months during the extension.68 If a student with an OPT extension leaves employment, the employer must report this information to the DSO within 48 hours. As a complement to the new OPT extension, USCIS provided two technical changes to the post- completion OPT. The first change allows all F-1 students to apply for OPT during the 60-day departure preparation period following the completion of their course requirements. Previously, applications had to be submitted prior to completing required course work. The second technical change clarifies when a period of unemployment during authorized OPT violates the F-1 status requirements.69 The interim final rule specifies that for students on a 12-month OPT, the aggregate maximum allowed period of unemployment is 90 days. For students with a 17-month OPT extension, this maximum period is increased by 30 days (for a maximum aggregate of 120 days over the course of the entire 29-month OPT period). These unemployment periods are permitted with the intention of allowing for job searches and providing breaks when switching employers. In addition to the OPT extension, the USCIS rule change also addresses the commonly referred to ―cap-gap‖ for H-1B nonimmigrant employment authorization. The cap-gap occurs when the period of admission for an F-1 student with an approved H-1B petition expires before the start date of the H1B employment, thus creating a gap between the end of the F-1 status and beginning of the H-1B status. Under previous regulations, USCIS could authorize extensions for students caught in a cap-gap, but only when the H-1B cap was likely to be reached by the end of the fiscal year. USCIS was also

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previously required to announce the extension of status in the Federal Register. The interim final rule of April 8, 2008, removes these limitations, thereby allowing automatic extensions of status and employment authorizations for F-1 students with pending H-1B petitions.70 The extension of status applies to all F-1 students with pending H-1B petitions during a fiscal year.71

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SEVIS Fee Increase On September 26, 2008, ICE published a final rule in the Federal Register72 that raised program fees and established SEVIS recertification procedures for participating schools by the Student and Exchange Visitor Program (SEVP). Previous SEVIS fees were $100 for most applicants.73 The new rule raised fees for each F or M student to $200, while most J exchange visitors are now charged $180. Exchange visitors such as camp counselors, au pairs, and summer work/travel program participants now pay a fee of $35.74 Also, ICE raised the fee for submitting a school certification petition for a school seeking to admit F or M students. The new certification fee is set at $1,700. Moreover, each school campus is required to receive a mandatory site review with an accompanying fee of $655.75 The published rationale for the fee increase is based largely upon financing increased enforcement activities and the development of SEVIS II.76 SEVIS II would be a person centric, automated system with an person-centric configuration that would incorporate electronic forms. The shift in SEVIS is necessary, ICE claims, because the current configuration is based on tracking documents (including distinct and unassociated documents for the same individual within the system), which leaves the system exposed to security threats.77 The FY2008 enacted budget for ICE included $56 million for the SEVP. The FY2009 presidential budget request included an SEVP request of $120 million, an increase of $64 million, or roughly 113%. Most of the funding increase would be directed toward equipment, services, and personnel related to the increased enforcement and SEVIS transformation.78

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J-1 Student Interns On June 20, 2008, the Department of State published a final rule for the creation of a new subcategory under the College and University Student category for J visa exchange visitors.79 This category, known as ―Student Interns,‖ is open to foreign students enrolled and pursuing a degree at post-secondary academic institutions outside the United States. Private sector organizations can offer internships to individuals with less training and experience than had been required of ―trainee‖ category participants. To be eligible as an intern in a private sector program, foreign nationals must be currently enrolled in and pursuing studies at an academic institution or a recent graduate (i.e., within 12 months) from such institution. As an intern, the intern program participant enters the United States to pursue a structured and guided work-based internship program in his or her specific academic field. Prior work experience is not an eligibility requirement for participation.

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LEGISLATION IN THE 111TH CONGRESS As of the date of publication, no legislation on foreign students had been introduced in the 111th Congress. Legislation introduced in previous Congresses has focused on attracting more students in science, technology, engineering, and mathematics. Thus, it is likely that similar legislation will be introduced in the 111th Congress.

End Notes 1

T.B. Hoffer, V. Welch, Jr., K. Williams, M. Hess, K. Webber, B. Lisek, D. Loew, and I. Guzman-Barron, Doctorate Recipients from United States Universities: Summary Report 2004 (Chicago: National Opinion Research Center, 2005). (The report gives the results of data collected in the Survey of Earned Doctorates, conducted for six federal agencies, NSF, NIH, USED, NEH, USDA, and NASA by NORC), p. 60. 2 §101(a)(15) of INA. 3 Those entering as secondary school students are only admitted for one year. 4 Schools that wish to receive foreign students must file a petition with DHS district director. The particular supporting documents for the petition depend on the nature of the petitioning school. Once a school is approved, it can continue to receive foreign students without any

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time limits; however, the approval may be withdrawn if DHS discovers that the school has failed to comply with the law or regulations. 5 F, J, and M students are barred from federal financial aid. See §484(a)(5) of the Higher Education Act of 1965, as amended. 6 The Immigration Act of 1990 created an F-1 pilot employment program, but authority for this pilot off-campus work program expired September 30, 1996. 7 This bureau was formerly the United States Information Agency (USIA). 8 As with secondary students entering with F-1 visas, J-1 students in secondary school programs are only admitted for up to one year. 9 22 CFR §514. 10 INA §212(e) provides only a few exceptions, including cases of exceptional hardship to the spouse or child of a J-1 if that spouse or child is a U.S. citizen or permanent resident alien and in cases of persecution on the basis of race, religion, or political opinion if the alien returned home, and if it is in the national interest not to require the return. 11 Federal Register, vol. 44, November 22, 1978, p. 54620; Federal Register, vol. 46, January 23, 1981, p. 7267; Federal Register, vol. 48, April 5, 1983, p. 14575; and Federal Register, vol. 52, April 22, 1987, p. 13223. 12 §212(a) of INA lists the grounds for inadmissibility categories as: health-related grounds; criminal history; security and terrorist concerns; public charge (e.g., indigence); seeking to work without proper labor certification; illegal entrants and immigration law violations; lacking proper documents; ineligible for citizenship; and, aliens previously removed. 13 For background and analysis of visa issuance policy and activities, see CRS Report RL31512, Visa Issuances: Policy, Issues, and Legislation, by Ruth Ellen Wasem. 14 The TSDB is maintained by the Terrorist Screening Center (TSC), which is a multiagency collaborative effort administered by the Federal Bureau of Investigation (FBI). For more information, see CRS Report RL33645, Terrorist Watchlist Checks and Air Passenger Prescreening, by William J. Krouse and Bart Elias. 15 The inadmissibility of members and supporters of foreign terrorist organizations can be waived under §212(d), which provides the Attorney General with that authority, if he deems that it is in the national interest to do so. Such waivers are usually granted at the request of the Secretary of State, with the concurrence of the Attorney General. 16 Immigration and Nationality Act of 1952, P.L. 82-414. 17 Immigration and Nationality Amendments of 1986, P.L. 99-653. See CRS Report RL3 1570, Immigration: Alien Registration, by Andorra Bruno. 18 For a discussion of Mr. Freeh’s memorandum, see Interpreter Releases, vol. 71, December 19, 1994. 19 U.S. Congress, Senate Committee on the Judiciary, Examining Nonimmigrant Immigration Issues, hearing, 104th Cong., 1st sess., September 28, 1995, S.Hrg. 104-814, Serial No. J104-48 (Washington: GPO, 1995). 20 There have long been record keeping requirements for schools with foreign students covering such information as name, address, country of citizenship, enrollment status, and field of study. The regulations were revised in 1983 so that schools no longer had to report changes in status directly to the former-INS. Since 1983, schools have had 3 business days to respond to requests for information about a foreign student. DHS can bar schools that did not meet record keeping requirements from enrolling foreign students. (8 CFR §214.3(g)(1)) 21 National Commission on Terrorism, Countering the Changing Threat of International Terrorism, June 5, 2000. 22 Foreign students who wish to study in the United States must first apply to a SEVIS certified school. Once the student is admitted, the school enters the student’s name and identifying information into the SEVIS system. This process produces an I-20 form (Certificate of Eligibility for Nonimmigrant Student Status) for F and M nonimmigrants and a Form DS2019 for J nonimmigrants, with both forms being generated by the SEVIS computer

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program. The foreign student may then apply for a student visa with the United States Embassy or Consulate in his or her home country. The consular officer then enters the visa information into SEVIS, confirming that the student is in the SEVIS database. A visa may only be issued within 90 days of the course of study registration date. Applications received more than 90 days in advance are held until a visa can be issued. Prior to arrival in the United States, all educational nonimmigrant visa holders are required to have paid a SEVIS fee (i.e., those applying for student visas, or to change their nonimmigrant status to students). The regulation specifies that the fee is to be $100, and can be paid electronically with a credit card, or by mail with a check or money order drawn on a U.S. bank and payable in U.S. dollars. Applicants for J-1 visas who work as au pairs, camp counselors, or participants in summer work travel programs are subject to a reduced fee of $35, whereas J1 visa holders who are visitors in an exchange program sponsored by the federal government are exempt from paying the fee. IIRIRA §431(e) as amended by §110 of P.L. 106-553 (signed into law on December 21, 2000). The operating budget for SEVIS comes from the fee collection. 23 The law also required, as of April 1, 1997, that the educational institutions collect a fee (not to exceed $100) from each of the foreign students to remit to the Attorney General to carry out the program. The 106th Congress amended this provision so that INS rather then the institutions would collect the fee (P.L. 106-396). 24 U.S. Department of Homeland Security, Immigration and Customs Enforcement, Student and Exchange Visitor Information System: General Summary Quarterly Report, June 7, 2007, p. 3. 25 Interpreter Releases, vol. 74, March 17, 1997. 26 Statement of Terry W. Hartle, American Council on Education, in U.S. Congress, House Committee on the Judiciary, Subcommittee on Immigration, Border Security, and Claims, hearing, INS’s Implementation of the Foreign Student Tracking Program, September 18, 2002. 27 Federal Register, vol. 67, no. 238 (December 11, 2002), pp. 76256-76280. 28 U.S. Department of Homeland Security, Immigration and Customs Enforcement, SE VIS Newsletter, vol. 3 no. 3 (October 2006), p. 1. 29 U.S. Immigration and Customs Enforcement, ―Adjusting Program Fees and Establishing Procedures for Out-ofCycle Review and Recertification of Schools Certified by the Student and Exchange Visitor Program To Enroll F or M Nonimmigrant Students,‖ Federal Register, vol. 73, no. 77 (April 21, 2008), pp. 21260-21286. 30 Ibid. 31 Although conventional wisdom holds that there is a shortage of both STEM teachers and students, critics have questioned whether data actually support such assertions (Testimony of Michael S. Teitelbaum Vice President of the Alfred P. Sloan Foundation, in U.S. Congress, House Committee on Science and Technology, Subcommittee on Technology and Innovation, The Globalization of R&D and Innovation, Pt. IV: Implications for the Science and Engineering Workforce, hearings, 110th Cong., 1st sess., November 6, 2007 (Washington: GPO, 2007). 32 For example, see NAFSA: Association of International Educators (National Association of Foreign Student Advisers), ―NAFSA Supports International Student and Employment Provisions,‖ public policy statement, at http://www.nafsa.org/public_policy.sec/international_student_1/immigration proposed_changes_to_immigration. 33 U.S. Citizenship and Immigration Services, ―Extending Period of Optional Practical training by 17 Months for F-1 Nonimmigrant Students With STEM Degrees and Expanding CapGap Relief for All F-1 Students With Pending H-1B Petitions,‖ Federal Register, vol. 73, no. 68 (April 8, 2008), pp. 18944-18956. 34 The M visa was not established until 1981 by P.L. 97-116. 35 U.S. Department of State, Bureau of Consular Affairs, Report of the Visa Office: 2007.

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Although a large number of J visa holders are exchange students, a number are participants in work exchange programs and other non-academic programs. 37 NAFSA: Association of International Educators ( National Association of Foreign Student Advisers) estimates that foreign students and their dependents contributed more than $13.29 billion to the U.S. economy during the 2004-2005 academic year. This figure does not include any potential ―multiplier effects.‖ (NAFSA: Association of International Educators, The Economic Benefits of International Education to the United States for the 2004—2005 Academic Year: A Statistical Analysis, 2006, at http://www.nafsa.org/public_policy.sec/international_education_1/economic_impact_ statements_2005). 38 Koh Chin, Hey-Kyong, and Rajika Bhandari, Open Doors 2006: Report on International Educational Exchange, New York: Institute of International Education, 2006. 39 Trade schools, such as flight schools, generally do not participate in this privately-conducted annual survey. 40 For example, in 2007/08 there were 56,766 foreign students in optional practical training, while in 2004/05 there were 28,432 foreign students in these same programs (Koh Chin, Hey-Kyong, and Rajika Bhandari, Open Doors 2006: Report on International Educational Exchange, New York: Institute of International Education, 2006). 41 8 CFR §214.2(b)(7). Recreational and avocational types of studies, however, are permitted. 42 8 CFR §214.2(c). 43 8 CFR §214.2(d). 44 8 CFR §214.2(k). 45 8 CFR §214.2(t)(12). 46 For example, see DHS Immigration and Customs Enforcement, Becoming a Nonimmigrant Student in the United States, June 2007, at http://www.ice.gov/sevis/becoming_nonimmigrant_student_52007.htm. 47 Thus, F and M visa holders must have a SEVIS I-20 Form, while J visa holders must have a Form DS-2019 as provided by the program sponsor. All educational nonimmigrants must also submit the SEVIS I-90 1 Form along with the required $100 fee for students. 48 For discussion on domestic STEM development, see CRS Report RL33434, Science, Technology, Engineering, and Mathematics (STEM) Education: Background, Federal Policy, and Legislative Action, by Jeffrey J. Kuenzi. 49 National Science Foundation, Division of Science Resources Statistics, Science and Engineering Doctorate Awards: 2004, NSF 06-308, Project Officer, Susan T. Hill (Arlington, VA, 2006), pp. 3-6, 66-67. 50 Open Doors 2005: Report on International Educational Exchange, Hey-Kyung Koh Chin, ed. (New York: Institute of International Education, 2005). 51 See for example House Subcommittee on Immigration and Claims, Impact of Immigration on Recent Immigrants and Black and Hispanic Citizens, 106 th Cong., 1st Sess., March 11, 1999, p. 22, prepared statement of Julian R. Betts, Associate Professor, Department of Economics, University of California, San Diego. 52 T.B. Hoffer, V. Welch, Jr., K. Williams, M. Hess, K. Webber, B. Lisek, D. Loew, and I. Guzman-Barron, Doctorate Recipients from United States Universities: Summary Report 2004 (Chicago: National Opinion Research Center, 2005). (The report gives the results of data collected in the Survey of Earned Doctorates, conducted for six federal agencies, NSF, NIH, USED, NEH, USDA, and NASA by NORC), p. 60. 53 See for example House Subcommittee on Immigration and Claims, Impact of Immigration on Recent Immigrants and Black and Hispanic Citizens, 106 th Cong., 1st Sess., March 11, 1999, p. 33, prepared statement of Frank L. Morris, former Dean, Morgan State University. 54 Doctorate Recipients from United States Universities: Summary Report 2004, p. 60. 55 Gravois, John, ―Teach Impediment - When Students Can’t Understand the Instructor, Who Is to Blame?,‖ The Chronicle of Higher Education, vol. 51, April 8, 2005, p. A10, and Bollag,

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Burton, ―New Test of English as a Foreign Language Puts an Emphasis on Speaking,‖ The Chronicle of Higher Education, vol. 52, October 7, 2005, p. A49. 56 Mooney, Paul. ―Chinese Court Reduces Penalty for Pirating Exams.‖ The Chronicle of Higher Education, January 14, 2005, p.35. 57 For example, see Louie Valencia, U.S. uncovers TOEFL exam scam, Niner Online, October 25, 2002, at http://media. 58 Bollag, Burton. ―New Test of English as a Foreign Language Puts an Emphasis on Speaking,‖ The Chronicle of Higher Education, vol. 52, October 7, 2005, p. A49. 59 There are many anecdotal accounts of foreign students using the optional practical training period as a means of creating the necessary employer relations for LPR petitions. While some policymakers consider this a natural and positive chain of events, others consider this ―F-1 to H-1B to LPR‖ pathway an abuse of the temporary element of nonimmigrant status and a way to circumvent U.S. worker protection laws. For more discussion of the H-1B nonimmigrant visa, see CRS Report RL3 0498, Immigration: Legislative Issues on Nonimmigrant Professional Specialty (H-1B) Workers, by Ruth Ellen Wasem. 60 For example, see ―Ease Immigration for Foreign Grad Students,‖ Minneapolis Star Tribune, editorial, November 28, 2005. 61 U.S. Citizenship and Immigration Services, ―Extending Period of Optional Practical training by 17 Months for F-1 Nonimmigrant Students With STEM Degrees and Expanding CapGap Relief for All F-1 Students With Pending H-1B Petitions,‖ Federal Register, vol. 73, no. 68 (April 8, 2008), pp. 18944-18956. 62 This 17 month extension would be added to the existing 12 month OPT period available to all qualifying F-1 students, thereby providing the option of up to 29 months of OPT for F-1 nonimmigrant STEM students. 63 A full list of STEM degrees is available at ICE’s Student and Exchange Visitors Program website, at http://www.ice.gov/sevis. 64 Under the interim final rule, an employer must participate in E-Verify (which includes entering into a Memorandum of Understanding (MOU) with DHS and the Social Security Administration) in order to employ F-1 students with a 17- month extension of postcompletion OPT. If the student is a new hire, the employer must verify the student’s employment eligibility, as well as the eligibility of all other new hires. However, if the employer enrolls in E-Verify to retain a current OPT student, the employer may not verify that student’s eligibility, nor any other current employees, as the verification of existing employees is prohibited under the MOU. 65 According to DHS records, as of April 2008 there were approximately 70,000 students participating in OPT, of which approximately 23,000 were studying in designated STEM fields. The educational distribution in this population includes 4,000 bachelor’s degrees, 13,000 master’s degrees, and 6,000 students with a doctorate. DHS estimates that of these 23,000 students, roughly 12,000 will apply for the 17 month OPT extension. (U.S. Citizenship and Immigration Services, ―Extending Period of Optional Practical training by 17 Months for F-1 Nonimmigrant Students With STEM Degrees and Expanding Cap-Gap Relief for All F-1 Students With Pending H-1B Petitions,‖ Federal Register, vol. 73, no. 68 (April 8, 2008), p. 18951.) 66 According to the interim final rule, provided that an F-1 student has properly filed Form I-765 before the end date of his or her OPT, that student would be allowed to maintain continuous employment for up to 180 days while USCIS adjudicates the request for an extension. If USCIS grants an OPT extension, any continuous employment past the OPT end date would count towards the maximum OPT period of 29 months. 67 This employment-related information includes the student’s name, the student’s residential and mailing address, the student’s employer, and the address of the student’s employer. 68 This information is reported by the DSO in the Student and Exchange Visitor Information System (SEVIS).

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Regulations did not previously specify how long a student with authorized OPT could be unemployed before violating his or her F-1 student status. 70 For those F-1 students whose H-1B petitions are denied, they will have the standard 60 day period from notification of denial or rejection of the petition before they must depart from the United States. 71 With regard to students who had filed for H-1B petitions for FY2009, USCIS issued a shortterm, immediate measure, stating: ―Since the rule was published after the filing period had closed for new FY 2009 H-1B petitions, many petitioners of F1 students did not include a request for a change of status with the H-1B petition. Instead, petitioners requested consular notification based on the assumption that these students would have been required to leave the United States to obtain an H-1B visa at a consular office abroad. USCIS has determined that it will allow petitioners of F-1 students whose H-1B petitions were randomly selected to receive an H-1B visa number for FY2009 following the closure of the filing period, to now request a change of status on behalf of qualified beneficiaries, if such requests are received within 30 days of the issuance of the receipt notice.‖ (U.S. Citizenship and Immigration Services, ―USCIS to Allow F-1 Students Opportunity to Request Change of Status: Short-term, Immediate Measure for Beneficiaries of Selected H1B Petitions,‖ Press release, April 18, 2008) 72 U.S. Immigration and Customs Enforcement, ―Adjusting Program Fees and Establishing Procedures for Out-ofCycle Review and Recertification of Schools Certified by the Student and Exchange Visitor Program To Enroll F and/or M Nonimmigrant Students,‖ Federal Register, vol. 73, no. 188 (September 26, 2008), pp. 55683-55704. 73 Although the fee is set in statute (8 U.S.C. § 1372(e)(4)(A)), the statute also provides that the Secretary of Homeland Security may adjust these fees on a regular basis to account for changes in the cost of carrying out the program (8 U.S.C. §1372(g)). The fee adjustments are statutorily permitted once SEVIS covers nationals of all countries. Spouses and dependent children of students and exchange visitors do not have to pay the Form I-901 fee. 74 Government-sponsored exchange visitors in G-1 programs would be fee exempt. 75 The previous certification fee was $230, plus an additional $350 for each initial site visit to a school campus. There is no cost to schools for recertification as this cost is built in to the fee for Form I-901. Consequently, schools that have already received certification by SEVP should be unaffected by the certification fee increases, provided they are in compliance with the program’s terms. However, many schools might still be affected by the increases to F, J, and M students, since a number of schools pay for these fees as incentives or scholarships for certain foreign students. Thus, schools may in some cases have to decide whether or not to absorb this additional fee amount. 76 U.S. Immigration and Customs Enforcement, ―Adjusting Program Fees and Establishing Procedures for Out-ofCycle Review and Recertification of Schools Certified by the Student and Exchange Visitor Program To Enroll F and/or M Nonimmigrant Students,‖ Federal Register, vol. 73, no. 188 (September 26, 2008), pp. 55683-55704. 77 Ibid. 78 According to the ICE FY2009 Congressional Budget Justifications, the Compliance Enforcement Unit would account for $45 million of the SEVP budget, while SEVIS II development would account for $25 million. Combined, these two items would account for approximately 58% of the SEVP budget for FY2009. 79 U.S. Department of State, ―Exchange Visitor Program – College and University Students, Student Interns,‖ Federal Register, vol. 73, no. 120 (June 20, 2008), pp. 35066-35071.

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INDEX

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A academics, 63 accountability, 34, 50, 64 accreditation, 11, 70 administrators, 31, 66 advertisements, 10 advertising, 11 advisory body, 15 advocacy, ix, 66 age, 83, 84 alternatives, 38, 40 ambassadors, 2, 9 attacks, 4, 68, 73, 74, 80 attitudes, vii, 1, 4, 6, 54, 55, 57 Attorney General, 68, 73, 74, 90, 91 attractiveness, 14 auditing, 40, 55 authority, 73, 90 availability, 85

B background, 90 barriers, 38, 40, 47, 49 base year, 30

C campaigns, 2, 10

candidates, 35 capacity building, 27 certificate, 60 certification, 88, 90, 94 channels, 11 children, 68, 69, 71, 79, 83, 84, 94 citizenship, 16, 28, 35, 70, 90 classes, 27, 63, 75, 79, 80 classification, 74 closure, 94 cohort, 35 collaboration, 9 colleges, viii, 37, 38, 39, 40, 44, 46, 49, 60, 65, 66, 67, 77, 80 community, 2, 10, 13, 56, 60, 75 competence, 86 competency, ix, 66, 86 competition, 38, 43, 57 competitive process, 16 competitiveness, vii, 39, 40, 44, 49, 55 complement, 87 compliance, 94 concentration, 20 confidentiality, 74 configuration, 88 consumer protection, 15 costs, 5, 11, 16, 17, 26, 35, 38, 44, 46, 47, 49, 66 country of origin, 39, 41 course work, 79, 87 covering, 44, 90

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Index

credit, 91 crime, 74 culture, 6, 11, 58 currency, 5, 25, 30, 34 curricula, 14 curriculum, 11, 42 Customs and Border Protection, 72 Cyprus, 34, 35, 36, 61, 62 Czech Republic, 34, 35, 36, 45

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D data collection, 46, 74, 85 database, 72, 91 debt, 28 decisions, 34, 50, 64 definition, 43, 59 democratization, 6 denial, 94 Department of Commerce, 10, 41, 51 Department of Homeland Security, ix, 41, 50, 66, 91 detection, 75 developing countries, 3, 9, 10, 20, 35, 63 developing nations, vii, 1, 4, 5, 6 development assistance, vii, 1, 2, 4, 6, 9, 15, 19, 20, 27, 28, 29, 30, 31 direct cost, 35 distance education, 38, 42 distance learning, 38, 40 distribution, 80, 93 diversity, 5, 11, 68 donations, 80 doors, 10 draft, 29 duration, 19, 41, 45, 68, 71

E economic development, viii, 36, 60, 66, 67 economic downturn, viii, 65, 66, 80 economic growth, 6 economies of scale, 14 educational attainment, 79

educational experience, 15, 68 elementary school, 67 emerging markets, 13 employees, 93 employment, 14, 27, 67, 69, 71, 79, 86, 87, 90, 93 engagement, 5, 29 enrollment, viii, 4, 5, 6, 38, 42, 46, 47, 53, 55, 61, 74, 90 ethnic groups, 85 European Commission, vii, 2, 4, 11, 12, 15, 18, 25, 32, 33, 35, 63, 64 European Union, 10, 15, 16, 19, 20, 21, 30, 32, 35, 63 exchange rate, 25, 34 expertise, 14, 63 exploitation, 67

F family, 8, 26, 42, 47, 57 federal funds, 80 financial planning, 15 financial support, 85 financial system, 17 financing, 5, 11, 56, 88 fingerprints, 73 firms, 86 flight, 92 foreign nationals, viii, 6, 53, 55, 56, 68, 72, 80, 86, 89 foreign policy, 39, 49 fraud, 86 friendship, 9 frustration, 74 funding, ix, 2, 4, 6, 8, 14, 19, 20, 21, 22, 23, 24, 25, 26, 29, 30, 31, 34, 35, 47, 50, 54, 55, 56, 57, 60, 62, 64, 66, 80, 85, 88 funds, vii, 1, 6, 8, 17, 34, 35, 50, 54, 55, 57, 63, 64, 69, 70, 85

G generation, 75

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Index global competition, 39, 49 goals, vii, 1, 2, 4, 5, 6, 8, 9, 10, 15, 16, 17, 20, 29, 31, 35, 63 governance, 35 graduate students, 8, 16, 17, 39, 49, 85, 86 grants, 40, 44, 63, 72, 80, 85, 93 graph, 43, 59 groups, ix, 66, 75 growth, 4, 5, 9, 11, 30, 47 guidance, 11, 13, 15, 34, 41, 48

inspectors, 72 instruction, 23, 43, 86 insurance, 22, 23, 70 integrity, 34, 50, 64 internship, 89 interview, 41, 48 investment, 10, 66

K knowledge-based economy, 8

H

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health, 16, 17, 22, 23, 24, 27, 72, 90 health care, 24 health insurance, 16, 22 high school, 57, 67 hiring, 86 host, 3, 5, 8, 17, 19, 23, 27, 28, 31, 35, 39, 57 house, 3, 55, 91, 92 housing, 11, 17, 23, 24, 25

I ideals, 4 identification, 73 identity, 74, 86 image, vii, 1, 4, 6, 56, 75 images, 3 immigrants, 72 immigration, viii, 4, 5, 6, 15, 41, 50, 53, 55, 56, 75, 80, 90, 91 Immigration Act, 67, 90 Immigration and Nationality Act, 68, 73, 90 implementation, 3, 27, 50, 75 inadmissible, 72 incentives, 38, 44, 94 indicators, 75 industry, viii, 5, 15, 29, 30, 31, 38, 40, 63 information sharing, 47 innovation, 2, 8, 9, 39 INS, 71, 73, 74, 90, 91 insight, vii, 1

L labor force, viii, ix, 8, 39, 65, 66, 67 land, 9 landscape, 30, 31, 38, 40, 42 language, ix, 3, 11, 16, 19, 23, 24, 26, 27, 42, 57, 60, 63, 66, 69, 71, 74, 86 language acquisition, 57 language proficiency, 27 language skills, 71 laws, 31, 41, 48, 93 leadership, 7, 14, 15, 17, 24 learning, 54, 63 legislation, ix, 15, 66, 87, 89 life sciences, 78 lifestyle, 11 linkage, ix, 66, 67 links, 9

M management, 14, 47, 63, 78 market, 5, 13, 41, 57, 75 market share, 5 marketing, 2, 10 markets, 11 mathematics, viii, ix, 37, 40, 57, 66, 75, 89 meals, 46 measures, 75, 80 media, 11, 93 men, 73 minorities, 85

Attracting International Students for Higher Education, Nova Science Publishers, Incorporated, 2010. ProQuest Ebook

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Index

minority, 85 minority groups, 85 mobility, 30, 34, 47 modernization, 9, 14 money, 91 movement, 85 multiplier, 92 multiplier effect, 92

program outcomes, 3, 27 proliferation, 48 public health, 6 public policy, 91 purchasing power, 45, 46 purchasing power parity, 45

Q N

nation, 5, 6, 48, 56 national interests, 4 national security, viii, 38, 39, 40, 47, 48, 66, 67

Copyright © 2010. Nova Science Publishers, Incorporated. All rights reserved.

O objectives, vii, 1, 2, 4, 5, 8, 16, 21, 28, 29, 30, 31, 54, 55, 56, 63, 69 obligation, 28 OECD, 3, 30, 34, 35, 43, 44, 45, 56, 59, 62 order, 19, 41, 83, 86, 91, 93 orientation, 3, 17, 23, 25, 27 oversight, 34, 35, 50, 64

P parents, 84 partnership, 63 pathways, 75, 87 penalties, 69 perceptions, 28, 47 permit, 41, 79 physical sciences, 8 population, 79, 80, 85, 93 port of entry, 72 ports, 75 poverty, 6 private sector, 75, 89 productivity, 8, 39 professional development, 15 professions, 45 program administration, 26

qualifications, 45 quality standards, 11

R race, 90 radio, 11 range, 8, 11, 17, 19, 29, 60, 64 reason, 17, 83 recruiting, 5, 30, 38, 43, 44, 57 reforms, 14 refugees, 72 region, 9, 11, 19, 20, 33, 35, 61, 77 regulation, 91 regulations, 15, 71, 87, 90 rejection, 94 relationship, 86 relatives, 83 reliability, 5, 31, 34, 43, 50, 59, 64 religion, 90 reputation, 68 research funding, 42 resources, 2, 12, 14, 19, 85 revenue, viii, 65, 66, 80 risk, viii, 65, 67

S scheduling, 51 scholarship, 2, 5, 15, 16, 17, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 33, 35, 44 school, 2, 11, 14, 41, 43, 59, 63, 66, 68, 69, 71, 73, 74, 79, 80, 83, 84, 87, 88, 89, 90, 92, 94

Attracting International Students for Higher Education, Nova Science Publishers, Incorporated, 2010. ProQuest Ebook

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Copyright © 2010. Nova Science Publishers, Incorporated. All rights reserved.

Index school enrollment, 79 schooling, 83 scientific knowledge, 14 scores, 86 search, 28 searches, 87 secondary school students, 89 secondary students, 90 Secretary of Homeland Security, 74, 94 security, viii, ix, 5, 6, 39, 47, 48, 49, 56, 65, 66, 67, 72, 73, 75, 80, 88, 90 selecting, 16, 30 sharing, 35 shortage, 91 siblings, 84 signs, 56 skills, 3, 8, 10, 27, 39, 70, 86 social sciences, 79 software, 48 stakeholders, 31 standards, 27, 40, 55 statistics, 74 strategies, 3, 10, 27, 54, 56, 62 strength, 9 student enrollment, viii, 4, 30, 37, 38, 41, 55, 56 student populations, 54, 56, 62 sub-Saharan Africa, 61 subscribers, 13 summer, 62, 75, 88, 91 supervision, 9, 70 support services, 11 switching, 87

terrorist organization, 90 threats, 88 tracking, ix, 66, 67, 74, 80, 88 trade, 10 trainees, 69 training, 5, 9, 10, 11, 14, 15, 16, 27, 35, 60, 69, 70, 75, 77, 79, 86, 87, 89, 91, 92, 93 training programs, 11, 15, 77 transformation, 88 transition, 27, 34 transparency, 17 tuition, 2, 15, 16, 17, 22, 25, 26, 38, 44, 45, 46, 47, 49, 56, 60, 67, 71, 85 tutoring, 69

T

W

targets, 19, 20, 62 teachers, 15, 69, 91 teaching, 69, 85 technical change, 87 technological advancement, 42 television, 11 tension, viii, 65, 67 tenure, 72

U U.S. economy, 10, 67, 75, 92 undergraduate education, 60 unemployment, 87 uniform, 43, 59 universities, viii, ix, 9, 16, 35, 37, 38, 39, 40, 44, 46, 47, 49, 57, 64, 65, 66, 67, 68, 77, 80, 85

V vacancies, 70 visas, ix, 27, 38, 41, 47, 48, 51, 66, 67, 68, 69, 70, 71, 72, 73, 76, 77, 79, 80, 83, 85, 86, 90, 91 vulnerability, 73

wealth, 17 weapons, 48 weapons of mass destruction, 48 witnesses, 79 workers, 70, 86 working groups, 15 World Trade Center, 73

Attracting International Students for Higher Education, Nova Science Publishers, Incorporated, 2010. ProQuest Ebook