International educators are likely aware of NAFSA’s longstanding call to comprehensively overhaul the outdated and dysfunctional U.S. immigration system that stands in the way of welcoming more international students and scholars to the United States. Congressional efforts to do so have been stymied by years of partisan disagreement and intensifying rhetoric regarding migrants at the United States’ southern border.
As you may know from recent headlines, a bipartisan group of U.S. senators has just released a controversial bill in an attempt to address some of the border issues by redefining asylum eligibility and expanding immigration detention. While there are no provisions that speak directly to international students, there are provisions that relate to employment options after graduation, which is a key focus of prospective and current international students and scholars in the United States.
The bill, officially known as the Emergency National Security Supplemental Appropriations Act of 2024, is a sprawling $118.3 billion bill that bundles changes to immigration law together with aid to Israel, Taiwan, and Ukraine. Though its ultimate passage is in doubt, this bill is no less a milestone on what we hope is a serious road to reform—and, as such, warrants some analysis as it pertains to international education.
Specifically, the bill:
- authorizes an additional 18,000 employment-based green cards annually for the next five years;
- provides automatic work authorization for spouses and children of H-1B visa holders once an employer files for sponsorship with United States Citizenship and Immigration Services (USCIS);
- eliminates the “aging out” of children of H-1B visa holders who are stuck in the green card backlog and allows those who left the country because they aged out to reopen their cases;
- creates a new temporary visa category (B-3) that enables noncitizens with pending immigration petitions to visit family members based in the United States; and
- creates a pathway to citizenship for Afghan nationals who fled to the United States following the U.S. military withdrawal from Afghanistan.
After reviewing the bill language closely, NAFSA’s Public Policy team offers this assessment:
- Any serious attempt at immigration reform must include provisions that make the United States more welcoming to international students and scholars, such as expanding dual intent and creating pathways to a green card.
- The proposed increase in the number of employment-based green cards amounts to less than a 13 percent increase in the total number available over the next five years. That is not sufficient to resolve the current backlog, nor does the bill address the per-country caps that perpetuate the backlog.
- The provisions that treat immigrants harshly and place new limits on asylum damage the United States’ image as a welcoming destination. This hurts our ability to attract the world’s best and brightest to U.S. colleges and universities.
Regardless of the fate of this particular bill, the border debate and other immigration-related discussions will continue—and international educators need to stay informed and engaged. Be sure to read your weekly Connecting Our World newsletter (or sign up for it if you aren’t a recipient) for regular updates on legislative activity and visit NAFSA’s website for quick and easy ways to educate your members of Congress on key policies needed to advance international education.