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Time of India
4 days ago
- Politics
- Time of India
Why are Edlow and Vaughan calling OPT illegal? Here's the real story
OPT faces mounting legal and political attacks, putting the future of 200,000 international graduates at risk. In the quietly panicked corridors of international education policy, a storm is gathering around the United States' Optional Practical Training (OPT) program—and for once, it's not hyperbole to say that the damage may already be done. The numbers are stark, the policy narrative even starker. According to the U.S. Immigration and Customs Enforcement's (ICE) SEVIS 2024 report, over 194,554 international students received work authorisation under OPT last year. Of these, a staggering 95,384 secured extensions under the STEM OPT provision. And standing at the centre of this tectonic shift are Indian students, who account for nearly 98,000 of those OPT authorisations during the 2023–24 cycle, as confirmed by the Indian Ministry of External Affairs. But now, the very scaffolding of this bridge—from academic promise to professional foothold—is under coordinated assault by voices both influential and ideological. Leading the charge are Jessica Vaughan, Director of Policy Studies at the Center for Immigration Studies (CIS), and Joseph Edlow, the newly confirmed Director of the U.S. Citizenship and Immigration Services (USCIS). Both have testified before Congress in 2025 that OPT is not only legally suspect but structurally dangerous. Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like Cardiologists Beg: Take These 4 Ingredients Before Bed to Burn Fat The Healthy Way Learn More Undo by Taboola by Taboola The rhetoric may be wrapped in legalese, but the intent is clear: Dismantle the post-study work rights that have long made U.S. degrees a prized aspiration for international—and particularly Indian—students. What's at stake is more than immigration. It is the erasure of a pipeline that has quietly underwritten America's dominance in global tech and innovation. Edlow and Vaughan 's case against OPT: Congress didn't sign it, so let's burn it At the core of the campaign to dismantle the Optional Practical Training (OPT) program lies a foundational dispute—not merely about visas or foreign labour, but about who gets to define the boundaries of lawful work in postsecondary America. And in this ideological contest, Jessica Vaughan and Joseph Edlow have emerged as the architects of what they frame as a long-overdue correction. Their argument is deceptively simple: OPT is not law—it is regulation. Worse, they claim, it is unregulated regulation, sustained not by statute but by administrative inertia and legal loopholes. In her detailed testimony before the House Judiciary Subcommittee in June 2025, Vaughan—Director of Policy Studies at the Center for Immigration Studies (CIS)—delivered a withering critique of what she called 'the largest unregulated guest worker scheme in the United States.' Drawing from internal data sets provided by ICE and the Department of Homeland Security, Vaughan revealed that over 540,000 work authorisations were granted under OPT and CPT (Curricular Practical Training) in FY2023 alone. This, she argued, was not just administrative generosity—it was regulatory anarchy. In her words, OPT had "spawned an industry of diploma mills, fake schools, bogus training programs, and illegal employment." According to her testimony, the Student and Exchange Visitor Program (SEVP)—the body meant to oversee the legitimacy of these academic affiliations—was too chronically under-resourced to vet the scale of demand. The result, she concluded, was a parallel ecosystem of academic storefronts and training programmes designed not for learning, but for visa preservation and labour substitution. But perhaps her sharpest critique was constitutional in tone. OPT, she reminded the Committee, is not authorised by the US Congress. It was created as an extension of executive rulemaking, first formalised under the Bush administration and later expanded under Obama. 'There has never been a vote in Congress,' Vaughan noted, 'to allow hundreds of thousands of foreign graduates to work on US soil under this program. ' Edlow, a former Trump-era official brought back to restore 'legal fidelity' to immigration enforcement, seconded the legalistic rebuke. In multiple briefings before the Senate and in internal USCIS memoranda from April–June 2025, Edlow contended that the Immigration and Nationality Act (INA) makes no provision for post-completion work for F-1 visa holders. "The INA is unambiguous," he said. "Student visas are for study—not for work after graduation. " He took particular aim at the 2023 D.C. Circuit Court ruling, which upheld the legality of OPT and its STEM extension. The decision, Edlow claimed, rested on an 'erroneous reading of statutory intent'—one that unjustifiably enlarged the executive branch's power to define immigration eligibility criteria without congressional consent. In his congressional appearances and in internal DHS documents, Edlow has further proposed reorienting USCIS enforcement priorities. Specifically, he has called for an expanded role for the Fraud Detection and National Security (FDNS) directorate in vetting OPT applicants and employers—a move that signals a coming compliance-heavy era, where student employment records could be re-audited, revoked, or flagged for deportation if found wanting. Both Vaughan and Edlow converge on the same policy prescription, stated either in soft legalism or hard numbers: The OPT program must either be terminated outright or restricted so severely that it becomes operationally nonviable for most international graduates. In other words, OPT must be stripped of its current utility to ensure it cannot continue under the guise of administrative legitimacy. What really lies beneath Edlow and Vaughan's constitutional and legal arguments? Behind Edlow and Vaughan's polished legal rhetoric lies a deeper mission—one that has less to do with statutes and more to do with reshaping America's relationship with global talent. Woven beneath the testimony is a broader, more ideological belief that international student mobility has been hijacked by corporate interests, and that foreign graduates are now indistinguishable from guest workers, hired to circumvent wage floors, sidestep payroll taxes, and bypass labour market tests that would otherwise favour American graduates. To this end, Vaughan and Edlow's critique is not merely of OPT as policy, but of OPT as economic architecture—an invisible scaffold that supports tech giants, universities, and global talent mobility. For them, removing that scaffold is not disruption. It is restoration. Come, pay, tuition and leave What Edlow and Vaughan propose is more than a policy fix—it is a structural decoupling of education from employability, one that threatens to return the F-1 visa to a narrow, transactional instrument: come, pay tuition, and leave. It is this return to pre-globalisation thinking that most alarms educators and economists alike. And it is this version of 'legal clarity' that could leave hundreds of thousands of students—including the 98,000 Indian graduates currently working under OPT—on the edge of a bureaucratic cliff, with no safety net beyond the 90-day unemployment cap. TOI Education is on WhatsApp now. Follow us here . Ready to navigate global policies? Secure your overseas future. Get expert guidance now!


Indian Express
13-07-2025
- Politics
- Indian Express
US visa policy changes, social media vetting raise concerns for Pune students regarding their re-entry
Written by Antara Kulkarni and Riddhi Berry For many Indians living in the United States, the thought of travelling home to visit loved ones has become filled with uncertainty and anxiety regarding their return. Recent visa policies introduced in the past year have exacerbated these concerns. US Secretary of State Marco Rubio ordered the suspension of student visa processing in May to prepare for more extensive screening measures. Processing resumed a month later with the implementation of social media vetting, which required foreign applicants to provide open access to all their social media accounts, associating this requirement to national security concerns. While former policies already involved limited social media checks, new measures assess applicants' potential risks and is a wider vetting process. 'Now that they're going through social media, another complexity is added,' says Anuradha Gupta, 18, a student from Pune studying in California. 'If you're a part of any political or activist organisation, they would consider it as instigating the public, and you'd get deported. University organisations have advised us not to come back, and because I did, I'm scared that I'll get to customs and borders and they won't let me in even though I have all of my student documents,' says Gupta. The US administration began abruptly revoking foreign students' visas without notice in April through Student and Exchange Visitor Information System (SEVIS) terminations reported by universities nationwide. SEVIS, a government system used to monitor non-immigrant students and exchange visitors, was reinstated within the month, but the volatility of the situation alarmed international students. 'Many people suggested that I stay back in the US,' says Raghav Shetty, 18, a student from Pune studying in Minnesota. 'There was a lot of uncertainty because there were days when you would wake up to find out that some of the SEVIS records had been terminated, and then a few days later, they said that the records had been restored.' Shetty explains. Such varying policies put students at risk of being affected by unknown changes at any point, making it harder to return home. While Isha Agarwal, 18, a student from Pune studying in California, acknowledged this, she felt it to be a calculated risk. 'When I came back, I took a risk because immigration policies are changing every day. But I don't have a public social media presence, haven't participated in political activities and haven't had any interaction with the police,' says Agarwal. However, she further elaborates on the impact of changing policies on students. 'There shouldn't be a problem, and I'm not on an immigrant visa, but there are international travel policies that are also risky, especially for international students and their return.' While students are wary of their return, working professionals living seem to be more confident about their return to the US. 'I, personally, have not faced any significant issues related to visa uncertainty,' says Nishant Chitkara, 25. The H1B Modernisation Final Rule, introduced by the Department of Homeland Security in January, aimed to streamline the visa review and approval process for working professionals. 'I'm on an H1B and feel stable in my current situation. I don't have any concerns about my ability to move back to India if needed. I've never had to cancel any travel plans out of fear. I do plan my trips based on holidays and work constraints, and I keep the number of visits limited, but not due to concerns about re-entry or job security,' Chitkara says. (Antara Kulkarni and Riddhi Berry are interns with The Indian Express)


Time of India
12-07-2025
- Time of India
US visa can be revoked even after approval, warns embassy: 5 mistakes that can get F‑1 students deported
US Visa laws: 5 mistakes that can get F‑1 students deported The US Embassy in India has issued a stern advisory: Even after you've secured a visa, your stay is neither guaranteed nor untouchable. They confirmed that visa monitoring continues post‑approval —and rule‑breaking can lead to revocation and deportation. This warning comes amidst a crackdown on immigration and tighter scrutiny of student activities, including academic enrolment, social media use, and any run-ins with the law. Here are five key mistakes that can cost students their US visa. Skipping classes or leaving your course without notifying If you drop out, skip classes, or quit your programme without alerting your school, your F‑1 status can be terminated—which means your visa can be revoked and future US visas denied. Tip: Stay enrolled full‑time. Keep in close contact with your Designated School Official (DSO) if your plans change. Violating US laws—even 'minor' ones You might think a traffic fine or minor arrest isn't a big deal. Think again. In 2025, several Indian students were deported over misdemeanours such as driving without a licence or DUI incidents. Even a parking ticket may trigger SEVIS termination. Tip: Follow all local laws carefully. Remember that interactions with law enforcement—even over trivial matters—can jeopardise your visa. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like Đây có thể là thời điểm tốt nhất để giao dịch vàng trong 5 năm qua IC Markets Tìm hiểu thêm Undo Social media missteps—old accounts tracked You must list all social media usernames and handles from the last five years on the DS‑160 form. Omitting accounts increases the risk of rejection or future ineligibility. Worse, posting politically sensitive content—like pro‑Palestinian views—can trigger visa revocation under new 'catch and revoke' policies. Tip: Disclose every account. Make your profiles review-ready, and remove or archive any politically charged posts. Engaging in political activism or protests In early 2025, numerous student visas were revoked after peaceful campus protests—mainly about Gaza—under alleged terrorism/security grounds. Prominent cases also involved travel by masked immigration officials to arrest activists at havens like Columbia and Tufts. Tip: Avoid campus protests or public dissent. Stay aware of evolving rules about campus expression. Overstaying your permitted time Even slight overstays matter. Reports suggest more than 4,700 student visas were revoked in early 2025, with many associated with overstays or unlawful presence. A rise in revoked SEVIS records led to fear, court filings, and uncertainty among students. Tip: Track your I‑20 and SEVIS dates. File early for extensions and consult your DSO if your plans shift. The bigger picture Student visa approvals have plunged by about 27% between March and May 2025, with only 9,900 F‑1 visas issued to Indians compared to nearly 15,000 in 2023. US universities could lose up to US$1 billion in revenue due to these policy changes and declining enrolments. The trend reflects a larger 'privilege‑not‑right' doctrine under the Trump administration's second term—putting student travel and stay under continual scrutiny . TOI Education is on WhatsApp now. Follow us here . Ready to navigate global policies? Secure your overseas future. Get expert guidance now!


CNBC
09-07-2025
- Business
- CNBC
Homeland Security corrects data error — international student enrollment rose, not declined
International student enrollment increased last year, according to the U.S. Department of Homeland Security — contrary to data the agency previously posted, which showed a decline. A new analysis by Chris Glass, a professor at Boston College, found that student and exchange visitor information system data issued by DHS underreported the number of international students by more than 200,000 — an error that the agency corrected this month. Glass flagged the change on July 7. The numbers from SEVIS, a division of U.S. Immigration and Customs Enforcement, show overseas enrollments totaled 1,294,231 in September, compared to the earlier-reported, erroneous figure of 1,091,182. SEVIS data tracks college students as well students in public and private high schools, language training, flight schools and vocational schools, among other programs. More from Personal Finance:Trump aims to slash Pell GrantsStudent loan borrowers face 'default cliff', report findsWhat the endowment tax in Trump's megabill may mean for college The corrected data shows year-over-year growth of 6.5%, according to Glass. This is largely in line with Open Doors data, released by the U.S. Department of State and the Institute of International Education, which also found that the U.S. hosted a record number of students from abroad in the 2023-24 academic year. The revised numbers show "robust growth," Glass told CNBC. "It's critical data at a moment when people are paying close attention to the number of international students in the U.S." SEVIS did not immediately respond to a request for comment. International enrollment figures have been at the center of an escalating battle between the Trump administration and Harvard University over international student visas. In May, the Department of Homeland Security terminated Harvard's student and exchange visitor program certification, therefore blocking foreign students from enrolling. More recently, U.S. District Judge Allison Burroughs granted Harvard's request for a preliminary injunction, temporarily halting the Trump administration's ban on international students. For now, the fate of international enrollment at Harvard and elsewhere is still up in the air. In early June, Harvard President Alan Garber said in a statement that "Harvard's Schools continue to make plans to ensure that our international students and scholars will be able to pursue their academic work fully." Although international undergraduate and graduate students in the U.S. make up slightly less than 6% of the total U.S. higher education population, at Harvard, the share of international students is disproportionately high. International students accounted for 27% of Harvard's total enrollment in the 2024-25 academic year, up from 22.5% a decade earlier.


Time of India
08-07-2025
- Business
- Time of India
101 Indian students get Erasmus+ scholarships for higher education in Europe
A total of 101 Indian students, including 50 women, have received the Erasmus+ scholarship for master's programs in Europe starting in 2025. India remains a top recipient of the scholarship, which supports academic mobility and covers tuition, travel, and living costs. The program reflects EU-India priorities, with students studying in 19 EU countries. Tired of too many ads? Remove Ads Also Read: 358 international students regain SEVIS status in a significant settlement with DHS Tired of too many ads? Remove Ads A total of 101 India n students, including 50 women, have been awarded the Erasmus+ scholarship for a two-year master's programme in Europe starting in 2025, according to the Delegation of the European Union (EU) to India. With this, India remains the largest recipient of the Erasmus+ scholarship since 2014 and ranks among the top three this Erasmus+ programme, launched in 1987, is the EU's flagship initiative supporting international academic mobility. The scholarship allows students to study at two or more European universities and earn joint, double, or multiple degrees. It covers tuition fees, travel costs, and living year's Indian cohort reflects shared priorities between the EU and India, including focus areas such as sustainability, artificial intelligence, public policy, intellectual property law, engineering, food security, and safe nuclear applications. The selected students represent 20 states from across mark the achievement, the EU Delegation hosted a pre-departure ceremony in New Delhi, where scholars interacted with alumni, representatives from EU member states, and academic the awardees, EU Ambassador to India, Herve Delphin, said, 'Erasmus+ is more than a scholarship, it's a passport for personal and professional growth and a window of opportunities in and with Europe.'He added that over 90,000 Indian students are currently studying in Europe. 'These students are choosing Europe for its quality, diversity, and affordability,' Delphin 2025 batch of Indian students will study across 19 EU countries. This includes France (24 scholars), Spain (12), Belgium (8), Portugal (8), Germany (7), Italy (5), Poland (4), Czech Republic (4), Austria (3), Hungary (3), Estonia (3), Netherlands (2), Croatia (2), Greece (2), and one each in Denmark, Finland, Norway, Ireland, and Latvia. Some students will also attend affiliated universities in other European and non-European Erasmus+ programme has supported over 2,200 Indian students through the Erasmus Mundus Scholarship since 2004. Including both short- and long-term awards, over 6,000 scholarships have been granted to Indian students under the Erasmus+ noted a steady rise in women's participation from India, with near-equal representation becoming a consistent feature in recent hosts more than 4,000 higher education institutions and has over 17.5 million tertiary students, 1.35 million educators, and 1.17 million current phase of Erasmus+ (2021–2027) is the most ambitious yet, with a total budget of €26.2 billion (₹2.09 lakh crore). It supports global opportunities in education, research, youth, and sport for students, educators, and institutions.(With inputs from PTI)