The Department of Homeland Security estimates that around 58,000 individuals that entered the United States on student visas in the past year cannot be located by the government. Of those 58,000, around 6,000 are flagged for follow up due to potential links to criminal activity.

Students Remain Unaccounted For

Over one million foreign students come to the United States each year to study at American schools, with over 9,000 schools eligible to take on foreign students. The caliber of these institutions range from Ivy League to beauty and massage schools. These schools are required to keep track of the students they admit and report to federal officials if the student begins missing multiple days of school.

The most common way that the federal government loses track of students is when these students go unreported by schools for missing class days. While Immigrations and Customs Enforcement certifies schools to accept foreign students, the credibility of some of these schools is in question. This means that there are concerns that some schools are making a profit by letting students access the country quickly.

Visa Fraud & Student Delinquency

One institute that allows students to enter to study, the MicroPower Career Institute, has recently had five of its top officials indicted on visa fraud. It is said that foreign students at this institution had an 80% delinquency rate with none of them federally reported. This, and schools like it, raise a serious concern that many institutions are becoming a visa-selling business rather than legitimate institution.

Government officials are pointing to this gap in the student visa process as a serious threat to national security. Two large terrorist attacks in the United States have been perpetrated by individuals entering the country on student visas but not attending school as required.

Immigration officials have taken a few steps to begin addressing visa concerns, such as hiring investigators to visit institutions in specific areas and a program that would alert customs if a flagged student is attempting to re-enter the country.

Will new rules penalize student visa holders?

As the federal government seeks to crack down on schools and institutions that are not doing their due diligence in reporting absent student visa holders, concern has been expressed at how legitimate students will be treated. Foreign students studying in the United States are an asset, and the government does not seek to discourage these individuals.

A student must go through a number of steps to obtain a visa:

1. Obtain and sign the form sent by an accredited school confirming admission to the institution
2. Pass a security clearance run by immigration officials
3. Schedule appointment for a visa interview at a United States Embassy
4. Pay one fee to apply for the visa and a second fee to track their stay in the country
5. Complete the DS-160 non-immigrant visa application form
6. Prepare academic and professional objectives for studying in the United States

A main component of obtaining a student visa in the United States is their intent to return to their country after completing their study. Not proving this intent can result in a visa being denied by immigration officials.

As the crackdown by the government on student visas continue, students coming to the United States for perfectly valid reasons may be questioned by federal immigration officials. It is important for these students to know that they have legal rights. Having a trusted immigration attorney can help ensure that the student maintains their right to study in the United States.