About 50 per cent of the 327 international students whose US visas were revoked or Student and Exchange Visitor Information System (SEVIS) records terminated recently — as per reports collected by the American Immigration Lawyers Association (AILA) so far — are Indian.
Based on reports from students, attorneys and university employees, AILA, in a policy brief dated April 17, said 14 per cent of these students are from China, and “other significant countries represented in this data include South Korea, Nepal and Bangladesh”.
Indians constituted the largest international student cohort in the US in 2023-24, according to data from Open Doors. Of the 11,26,690 international students in 2023-24, 3,31,602 students were from India (29% of the total), followed by 2.77 lakh from China.
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AILA’s policy brief also said that 50 per cent of the 327 students were on Optional Practical Training (OPT), which means that they have graduated and are employed in the US. OPT allows international students who are in the US on an F1 visa to work for up to 12 months, and then extend this by another 24 months in the case of STEM fields that comprise science, technology, engineering and mathematics.
It noted that those on OPT “are unable to work immediately upon the termination of their SEVIS record,” and that “the road to reinstating status for those who have already graduated and are employed on OPT is much more difficult and murkier than those who are currently students.”
Of the 3.32 lakh Indian students in 2023-24, around 29 per cent or 97,556 students were on OPT.
Asked about the India-specific cases, AILA told The Indian Express that 65% of the Indian students who faced action were on OPT. While 87% of these Indian students had some sort of interaction with the police, 23% received a ticket or misdemeanor, and 34% were not charged, not prosecuted or had their case dismissed.
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The charges against Indian students include speeding tickets; driving without a licence or driving on a suspended licence; driving under the influence, underage drinking at a college party; theft, including accidental theft like not scanning all items in the self check-out line at a store.
SEVIS is a US government database maintained by the Department of Homeland Security. A terminated SEVIS record means that the student no longer maintains “F or M status” (student visas are either F or M visas), and if that happens, the student loses employment authorisation, cannot re-enter the US on the terminated record, and ICE (Immigration and Customs Enforcement) agents may investigate to confirm the student’s departure.
Sharing AILA’s note on X, Congress leader Jairam Ramesh wrote: “The press statement issued by the American Immigration Lawyers Association yesterday is a matter of concern for India. Of the 327 visa cancellation cases of international students collected so far by the organisation, 50% are Indian students. The reasons for visa cancellation are inconsistent and vague. This is constantly increasing fear and apprehension among the students. Will the External Affairs Minister Dr S Jaishankar take cognizance of this matter and raise it with his US counterpart?”
Asked about Indian students whose visas have been revoked in the US, Ministry of External Affairs’ spokesperson Randhir Jaiswal said at a press briefing Thursday: “We are aware that several Indian students have received communication from the US Government regarding their F-1 visa status, which happens to be the student visa. We are looking into the matter. Our embassy and consulate are in touch with the students to provide support.”
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According to AILA’s policy brief, the reports “paint a concerning picture of the arbitrary nature of these visa revocations and terminations.” While 86 per cent of the reports that AILA collected pointed to some level of interaction with the police, 33 per cent had their case dismissed, were never charged, or were never prosecuted, according to the policy brief.
Police interactions included students who “encountered the police for infractions most US citizens would consider a daily occurrence”: students who were issued speeding tickets for going 70 mph in a 65-mph zone, or 80 mph in a 70-mph zone; a student on OPT who had tickets for illegal parking, not wearing a seatbelt, and expired plates; a nursing student who was arrested for evading a vehicle when the police tried to pull them over (the student thought it was a fire truck and changed lanes to let them pass).
Of the 327 cases, only two students “reported any history of engaging in political protests”, AILA said. Most of the students who received notices of their visa revocations reported getting an email from the consulate that issued their visa.
The policy brief noted that the stated rationale for SEVIS terminations was not “always consistent with the record.” Of the instances of SEVIS terminations, 83 per cent received notices only from their university, while 14 per cent reported receiving a notice from ICE.
