Indian students constitute more than 25% of the over one million foreign students studying in the United States
US Citizenship and Immigration Services (USCIS) has issued policy guidance regarding the F and M student nonimmigrant classifications to provide clarity to international students and US educational institutions on a range of topics.
The updated guidance issued Dec 20 covers the agency’s role in adjudicating applications for employment authorization, change of status, extension of stay, and reinstatement of status for these students and their dependents in the United States. It consolidates existing policy on topics including eligibility requirements, school transfers, practical training, and on- and off-campus employment.
For example, the guidance clarifies that F and M students must have a foreign residence that they do not intend to abandon, but that such students may be the beneficiary of a permanent labor certification application or immigrant visa petition and may still be able to demonstrate their intention to depart after a temporary period of stay.
In addition, the guidance specifies how F students seeking an extension of optional practical training (OPT) based on their degree in a science, technology, engineering, and mathematics (STEM) field may be employed by startup companies
However, they can do so only as long as the employer adheres to the training plan requirements, remains in good standing with E-Verify, and provides compensation commensurate to that provided to similarly situated US workers, among other requirements.
The nonimmigrant academic student (F-1) classification allows a noncitizen to enter the United States as a full-time student at a college, university, seminary, conservatory, academic high school, elementary school, or other academic institution, or in a language training program.
The nonimmigrant vocational student (M-1) classification includes students in established vocational or other recognized nonacademic programs, other than language training programs.
Indian students constitute more than 25% of the over one million foreign students studying in the United States, according to the annual Open Doors Report (ODR) released in November.
For the third year in a row, a record number of Indian students traveled to the United States to pursue higher education with a 35% increase resulting in an all-time high of 268,923 students in the academic year 2022-23.
India surpassed China to become the largest source of international graduate students in the United States for the first time since 2009/10, according to the report prepared by the State Department in collaboration with the Institute of International Education (IIE).