The F and M visa categories for students and exchange visitors have recorded the highest overstay rates among all temporary visa categories.
Immigration expert Jessica M. Vaughan revealed during a hearing before the U.S. House Committee on the Judiciary that over 7,000 Indian students and exchange visitors overstayed their visas in the United States in 2023. Vaughan, from the Center for Immigration Studies, urged lawmakers to consider significant reforms to the nation’s immigration laws, particularly regarding the H-1B visa program.
The F and M visa categories, which are designated for international students, have the highest overstay rates of any temporary admission categories. Among the 32 countries with student and exchange visitor overstay rates exceeding 20%, four—Brazil, China, Colombia, and India—reported more than 2,000 individuals overstaying their student visas in 2023, with India recording the largest number at over 7,000.
Vaughan emphasized that the F and M visa categories, which allow foreign nationals to study in the U.S., have the highest rates of overstay. The M-1 visa is specifically for non-academic vocational programs, while the F-1 visa is issued to full-time students at accredited universities.
Vaughan also recommended revising the current visa issuance policies to strengthen enforcement within the country, ensuring that student visa applicants genuinely intend to return to their home countries after completing their studies.
In addition, Vaughan proposed restricting the duration of H-1B visas for specialty occupations to two years, with the possibility of extensions only in specific situations. She also suggested capping the annual number of H-1B visas at 75,000 and prioritizing higher-skilled workers.
To protect U.S. workers, Vaughan called for an overhaul of the visa programs to prevent exploitation, including limiting foreign visa sponsorships.
According to data from the Ministry of External Affairs, Canada hosts the largest number of Indian students, with 427,000, followed by the U.S. with 337,630, the U.K. with 185,000, Australia with 122,202, and Germany with 42,997.
