Open scientific exchange and the flow of international students, scholars
and scientists to the U.S. to study, collaborate in research, and form
relationships "serves vital and longstanding national foreign policy,
educational, and economic interests" of the U.S., and enables the
U.S. "to benefit from the knowledge of the world's top students
and scientists." Those are among the findings of a new bill, introduced
by Senators Norm Coleman (R-MN) and Jeff Bingaman (D-NM), to reform
the visa application process and enhance the access of "foreign
students, scholars, scientists, and exchange visitors to the United
States for study and exchange activities." It would also remove
the current burden of proof on students to demonstrate that they plan
to return to their home country at the end of their stay, and instead
require that they show the intent and ability to "complete a course
of study" while in the U.S. The bill, S. 455, was introduced on
February 17 and is entitled the "American Competitiveness Through
International Openness Now," or "ACTION," Act of 2005
"The National Science Foundation has found that the combination
of an overly restrictive U.S. policy towards issuing visas, the growing
perception that the United States is hostile to foreigners, and the
increase in opportunities overseas has significantly challenged our
ability to attract the best and brightest from around the world to come
to the U.S. to study and engage in open scientific exchange," explained
co-sponsor Bingaman in introducing the bill. "The ACTION Act of
2005 would help keep international students and scientists coming to
the United States to participate in essential research and exchange
programs by: improving visa processing in a manner consistent with national
security; requiring the President to develop a strategic plan to enhance
the recruitment and access of students, scholars, and scientists coming
to the United States; reforming the SEVIS [Student and Exchange Visitor
Information] system, which tracks students, to allow approved schools
to make corrections to a student's record to correct database errors;
and by facilitating that the FBI and the State Department develop interoperable
data systems."
One of the science community's continuing concerns regarding immigration
law is Section 214(b) of the Immigration and Nationality Act, which
requires that students applying for a visa must prove their intent to
return to their home country at the end of their stay in the U.S. This
requirement often raises difficulties for students, who may not have
a residence, dependents, a bank account or other strong ties to their
country of origin as indication of their intent to return. The ACTION
bill would amend the Immigration and Nationality Act to require that
a student instead demonstrate that he or she has "the intention,
capability, and sufficient financial resources to complete a course
of study in the United States."
According to Coleman, "The bill calls for more realistic standards
for visa evaluations by updating a 50-year old criterion for visa approval
and admittance to the United States. Under the so-called 214(b) rule,
young people currently need to prove that they have ‘essential
ties' to their home countries and no intention of emigrating to the
U.S. But in this age of globalization, it is increasingly difficult
for a 20-year old to do this. Many have lived and studied in other countries,
and some have lost their parents to AIDS. They don't own a house or
a business, they don't have spouses or children. Consular officers treat
every student as an intending immigrant, and it is exceedingly difficult
for a student to prove otherwise."
Other provisions of the bill include the following: Improved coordination
and division of responsibility among the relevant federal departments;
a marketing plan to promote study in the U.S.; streamlined procedures
for visa processing and international scientific collaboration; negotiation
of reciprocity agreements with other countries on extending visa validity;
reform of fee collection and database management for the SEVIS program;
an annual report to Congress on the number of student and scholar visa
applications, approvals, denials, reasons for denials and average processing
time; expedited processing and a special review process for visa security
checks still pending after a certain period of time; and improved guidance
to consular officers. The bill would "authorize to be appropriated
such sums as may be necessary to carry out this Act."
"We have often seen that prejudice is bred by isolation,"
Coleman stated. "Especially in a time when we are burdened with
the question, ‘Why do they hate us?' we need to enhance those opportunities
for people to see us as we really are. International exchanges present
precisely this opportunity.... If we can take ACTION to reverse the
decline now, all Americans will reap the benefits for decades to come."
Bingaman added, "A country's immigration system helps determine
its relationship to the global marketplace. The system can either be
conducive to the free flow of ideas, scientists, and international business
ventures, or it can provide disincentives to the flow of international
talent and scientific collaboration.... Openness to international students
and scientist is an important aspect of maintaining American competitiveness
in the world economy, and I ask my fellow colleagues to join me in supporting
this essential bill."
The full text of S. 455 can be found on THOMAS at http://thomas.loc.gov/.
The bill has been referred to the Senate Committee on Foreign Relations,
but no further action has been taken on it, and no additional senators
have signed on as co-sponsors.
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