Ashwin Sharma interviewed by RedFM (Canada) and BBC Radio (India) on US HSI’s Fake “University of Farmington” Sting Operation
Attorney Sharma was interviewed by RedFM Canada, as well as BBC India about the below story on US Immigration’s fake university and the arrests of Indian students – BBC story (Hindi language) begins at about 5:30 min into radio program here:
India has made a diplomatic protest to the US after 129 Indian students were arrested for enrolling in a fake university.
The University of Farmington, advertised as based in Michigan state, was run by undercover agents from the Department of Homeland Security to expose “pay-to-stay” immigration fraud.
Prosecutors say those who enrolled knew that the facility would be illegal.
However, Indian officials say the students may have been duped.
On Saturday, the Indian Ministry of External Affairs (MEA) issued the protest to the US embassy in Delhi, expressing concern over the arrests and demanding consular access to those detained.
“Our concern over the dignity and wellbeing of the detained students and the need for immediate consular access for Indian officials to the detainees was reiterated,” the ministry said.
The fake university was set up in 2015 to try to catch foreign nationals who had initially travelled to the US on student visas and wanted to stay in the country, US media reported.
F-1 OPT I-765 RFE Issue: How a DSO can change students’ 17 month OPT extensions to 24 months
The Department of Homeland Security’s website notes that subsequent to USCIS changes to STEM optional practical training (OPT) regulations, the Student and Exchange Visitor Information System (SEVIS) Release 6.26 was deployed which, while not providing a fix addressing all of USCIS’ changes, will help solve some issues presented by the new regulations, including document generation for F-1 OPT students who have applied for an EAD/I-765 so they may respond to USCIS’ requests for evidence. The update also:
H-1B Opponents continue onslaught against Immigration of the Educated
This week, Bill Snyder, a blogger for the anti-H-1B propaganda site Infoworld posted an article attacking Immigration of the Educated. What is especially interesting about Mr. Snyder’s position is the fact that it signals the resumption of the 2008 attack on the Optional Practical Training program (OPT). OPT being a temporary work authorized status granted to eligible F-1 students who may thus gain professional work experience post graduation, and perhaps a portion back of 20+ billion dollars in tuition they pay into our coffers each year.
Unjustified ire towards OPT is peaking only because the program may be utilized by eligible F-1 Science/Technology/Engineering/Math (STEM) graduates. Apparently, for Mr. Snyder, it is only then that the program transforms into what he terms “a sleazy end run around the law”. Mr. Snyder claims that these new STEM graduates, supported by their “tech company” employers, enter the U.S. workforce en masse to undercut IT wages. Said wages, which he admits in the first sentence, are already “climbing to more than $87,000 a year”.
The fact that Mr. Snyder’s argument against OPT flies in the face of the concept of American Exceptionalism and two basic economic principles, or that it is entirely bereft of any unbiased and relevant data is moot. The most significant takeaway from his article is that STEM OPT is nothing more than a scapegoat: this attack is actually and truly directed against the H-1B program itself. Mr. Snyder and other IT protectionists seek justification to undermine the OPT program not because of any alleged misuse, but because OPT allows a post graduate STEM worker precious time to find a good employer who may agree to pay government fees of up to $5,550.00 (plus attorney fees) to file an H-1B petition on their behalf. (There are no guarantees of approval, nor is the worker forced to even ultimately take up employment with the H-1B petitioner. As well, in the future, the H-1B worker, for any reason, may transfer to a new H-1B employer in as little as one week.)
Our immigration policy is increasingly hobbled by protectionists who, for short term gain (or perhaps unknowingly), damage our nation’s international lead in the STEM fields. Our insufficient H-1B cap that does the same: tens of thousands of highly qualified, valuable STEM professionals were rejected in last year’s random selection process (H-1B lottery), and sadly the scene is set be repeated again this year in April.
Our repeated rejection of STEM professionals is untenable and is certain to diminish our ability to attract the worlds best and brightest, unless we make drastic changes. Already, other nations are eagerly recruiting STEM workers (sometimes from within our own borders). The bottom line: the yearly H-1B cap must be increased to an amount commensurate to demand, or at the very least, to a level that isn’t exhausted in one week.
Can I re-enter the U.S. with a valid I-94 and expired visa? – Automatic revalidation for certain temporary visitors
Canadian visa for single entry (Photo credit: Wikipedia)
VIA CBP.GOV
Under the automatic revalidation provision of immigration law, certain temporary visitors holding expired nonimmigrant visas who seek to return to the U.S. may be admitted at a U.S. port of entry by Customs and Border Protection (CBP), if they meet certain requirements, including, but not limited to the following:
A nonimmigrant who departed the U.S. for brief travel to Canada, Mexico, or an adjacent islands (for F and J nonimmigrant) for thirty days or less;
Nonimmigrant who have changed their nonimmigrant status (for F and J nonimmigrant) to another nonimmigrant status through U.S. Citizenship and Immigration Services (USCIS) and has a valid (unexpired) Form I-94, Arrival-Departure Record, endorsed by DHS can travel to Canada, Mexico or an adjacent island for thirty days or less.
Nonimmigrant who is eligible to re-enter the U.S. pursuant to the authority of automatic revalidation is not able to benefit from the automatic revalidation process if the passport of the nonimmigrant reflects evidence that while in a contiguous territory or on an adjacent island the nonimmigrant applied for a new visa and is pending a decision or has been denied a new visa application.
For more information about automatic revalidation provisions and reentry to the U.S. visit the Automatic Revalidation Fact Sheet on page 18 of the Carrier Information Guide on CBP.gov. Note: Carrier Information Guide is currently being updated to accurately reflect the countries listed below.
Nationals of Cuba, Iran, Sudan and Syria are not eligible for automatic revalidation of an expired visa.
Overview of the the STEM Jobs Act
STEM Jobs Act of 2012 Press Conference (Photo credit: republicanconference)
Via The House Committee on the Judiciary
“Graduates of American universities in science, technology, engineering, and math – or “STEM” fields – are behind many of the innovations and new businesses that are part of our present and future economic growth. Talented students from around the world contribute to the graduate STEM programs of our universities. Foreign students receive nearly four out of every 10 master’s degrees awarded in STEM fields and about the same percentage of all doctorates.
But our immigration system does not always put American interests first. We have the most generous level of legal immigration in the world but we select only 5% of our immigrants based on the skills and education they bring to America. Although these foreign graduates of U.S. universities in STEM fields are in great demand by American employers, many of them end up on years-long green card waiting lists. And as a result, many of them give up and go to work for one of our global competitors.
In an ever-competitive global economy, we must keep our country as the world’s greatest source of innovation and creativity. The STEM Jobs Act allows employers to fill their talent needs with foreign graduates of U.S. universities with advanced degrees in STEM so that they can continue creating jobs and growing our economy.”
How to Apply to and Study in the United States
Pics from Hyderabad Education Fair-Nov. 7th (Photo credit: EducationUSA International Virtual College Fair)
Via studyinthestates.dhs.gov
The application process in the United States may be very different from applying to a school in your home country. Be sure to read about the process before you begin. To ensure that you properly complete all required application materials, follow the steps below:
1. Choose a school: EducationUSA can help you with information on the process of selecting a school and a program of study in the United States. With over 400 advising centers in 170 countries, EducationUSA represents the largest group of advisers committed to promoting accredited United States higher education institutions to over 14 million students and parents with whom they have contact each year.
All schools that accept F and M students must be certified by the Student and Exchange Visitor Program (SEVP). With almost 10,000 SEVP-certified schools in the United States, you likely can find a college or university in the state and city of your choice.
2. Receive Acceptance and get a Form I-20, “Certificate of Eligibility for Nonimmigrant Student Status”: When you find a school you would like to attend, apply to the school as an international student. Contact school officials directly or visit the school’s website for more information on required application materials. When you have received acceptance into an SEVP-certified school, the designated school official will issue you a Form I-20, which is a paper record of your information stored in the Student and Exchange Visitor Information System (SEVIS).
Controversial STEM Jobs Act Proposes to transfer 55,000 visas from Diversity Visa Lottery to Masters and Ph.D. Graduates in Science, Technology, Engineering, and Mathematics
Eligible countries for the Diversity Visa Lottery (Credit: Wikipedia)
The controversial H.R. 6429, otherwise known as the “STEM Jobs Act” (Rep. Smith, R-TX & 68 cosponsors) proposes to create new “V” visa categories for families awaiting reunification as well as visas for Ph.D and Masters graduates in the science, technology, engineering, and mathematics (STEM) fields. The Act would, however, eliminate the (poorly implemented) Diversity Visa Lottery program that makes green cards available to certain individuals from countries with low rates of immigration to the United States. The STEM Jobs Act has made it through the House, but will be almost certainly defeated in the Senate, where Democrats hold both a majority and a soft spot for the Lottery.
The White House, despite having repeatedly highlighted the substantial deficiency the nation faces in the STEM fields, has quickly declared its opposition to the STEM Jobs Act, indicating that it “does not support narrowly tailored proposals that do not meet the President’s long-term objectives with respect to comprehensive immigration reform.” In other words, the Administration wants immigration reform on an ‘all or nothing’ basis. This is more than a little puzzling given that during the latest election cycle, President Obama repeatedly raised the issue of the many difficult decisions necessitated in the short-term so as to invigorate the U.S. economy. This is not one of those difficult decisions.
Basic Facts about In-State Tuition for Undocumented Immigrant Students
Via The National Immigration Law Center
Twelve states currently have laws permitting certain undocumented students who have attended and graduated from their primary and secondary schools to pay the same tuition as their classmates at public institutions of higher education. The states are California, Connecticut, Illinois, Kansas, Maryland, Nebraska, New Mexico, New York, Oklahoma, Texas, Utah, and Washington. In addition, Rhode Island’s Board of Governors for Higher Education voted unanimously to provide access to in-state tuition at the state’s public colleges and universities to certain students, regardless of their immigration status, beginning in 2012.
Related articles
Immigrants may pay in-state tuition under federal program (enterprisenews.com)
CBP Discontinues Stamping Form I-20 At Ports of Entry
NAFSA has issued an alert that Customs and Border Protection will no longer stamp I-20s at ports of entry (POEs). USCIS is reaching out to other agencies, such as the DMV, to inform them of the change, since many agencies require the I-20 stamp prior to granting benefits.
CBP Discontinues Stamping Form I-20 At Ports of Entry
NAFSA has issued an alert that Customs and Border Protection will no longer stamp I-20s at ports of entry (POEs). USCIS is reaching out to other agencies, such as the DMV, to inform them of the change, since many agencies require the I-20 stamp prior to granting benefits.
The U.S. Immigration Law Blog by Ashwin Sharma 
Report: F-1 OPT Numbers Significantly Increased from 2004-2016
I was interviewed by the San Francisco Chronicle’s Trisha Thadani for her well-researched article regarding the F-1 OPT program and the latest results of the Pew Research Center’s 12-year period study into this program, released today, in which it found that “Federal training program sees 400% increase in foreign students graduating and working in STEM fields from 2008 to 2016“.
Though it looks as if we can expect a further hobbling of the F-1 OPT program, I believe that such an act would only damage our nation’s precarious international lead in Science, Technology, Engineering and Mathematics (STEM). There is a very real and obvious workforce problem in our country, for which the OPT or the H-1B is a temporary salve: not the cause. Rather, the issue is that among the tens of thousands of things that America has stopped manufacturing en masse include American STEM Graduates. That is the single biggest reason why half of our Ph.D. candidates as well as a quarter of our STEM workforce are foreign born.
Ultimately, instead of scapegoating “Srinivas from Hyderabad” for daring to pay U.S. tuition fees, studying hard, and filling one of the 480,000 open computing jobs nationwide in OPT or H-1B status, we should be asking ourselves why “Suzy from Ohio” is majoring in Italian Art History or Anthropology or Philosophy instead of Computer Engineering. Anti-immigrationists must stop playing the victim, stop shifting the blame onto the voiceless, and start taking personal responsibility, the American Way: by enrolling themselves or their own children into Mathematics, Biochemistry, Engineering, or Information Technology programs.