Over 7,000 Indian Students Overstayed Visas in the US in 2023: Expert Report

Immigration reforms proposed to address visa overstays, H-1B policies, and support for American workers.

January 30, 2025: Washington, DC: In 2023, over 7,000 Indian students and exchange visitors overstayed their visas in the United States, making India the country with the highest number of such cases, according to Jessica M Vaughan from the Center for Immigration Studies. Vaughan presented these figures during a hearing on “Restoring Immigration Enforcement in America” before the US House Committee on the Judiciary.

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Key Findings on Visa Overstays:

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Overstay rates for F-1 and M-1 visa holders were reported as the highest among all categories of temporary admissions.
Countries like Brazil, China, Colombia, and India recorded over 2,000 overstay cases each, with India leading at 7,000.
A total of 32 countries showed student/exchange visitor overstay rates exceeding 20%.

Proposed Immigration Reforms:

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Jessica Vaughan highlighted several changes needed in US visa policies to address overstays and improve enforcement:

Dual Intent Elimination: Student visa applicants should demonstrate intent to return to their home countries post-study.
H-1B Visa Adjustments:
- Limit visas to a two-year term, extendable to four years without automatic extensions based on Green Card petitions.
- Reduce the total H-1B visa quota to 75,000, including non-profit and research sectors.
- Allocate visas to the highest-paying employers to prioritize highly skilled workers.
No Staffing Company Sponsorships: Vaughan recommended banning staffing companies from sponsoring foreign workers, citing exploitative practices and lower wages for American workers.
Accountability for Employers: Employers should face consequences for high overstay rates among sponsored workers.

Labor Market Concerns:

Vaughan argued that the US does not face a labor shortage, citing millions of unemployed Americans of working age, including more than two million STEM graduates not employed in STEM fields. She urged Congress to revamp visa programs to expand opportunities for domestic workers.

Call to Action:

In her testimony, Vaughan emphasized the need for stricter visa issuance policies, enhanced enforcement, and legislative changes to protect US workers and ensure compliance with visa regulations.

As debates around immigration policies continue, these findings and proposals are expected to influence discussions on the future of US visa programs and labor market dynamics.