Trump administration's new visa policy regarding the 'unlawful stay' is attracting protests from all the corners. As many as 65 top universities in the US, which include Harvard and MIT approached the court to challenge the Trump government's new visa policy that is affecting the foreign students, due to its 'backdating' rule.
The new policy was introduced to impose restrictions on overstaying a visa, and that says that an individual cannot stay in the USA after the visa expires and the stay from there is considered 'unlawful' and after six months of unlawful presence, they will be forced to return to their respective country along with a 3 to 10 year ban from the US.
For Foreign students, the DHS )Department of Homeland Security) can set a retroactive start date for an unlawful presence that may begin the next day after a student completes his degree programme or the day the individual's visa expires.
This 'backdated' unlawful presence is forcing the students on F, J and M category Visa to make a tough choice to avoid a 10-year re-entry bar. The reputed institutions like Harvard, MIT, Cornell, Yale, and Princeton signed a petition against this visa policy as it is troubling tens of thousands of students.
There has been a backlash from many institutions that this backdating rule is bringing in a lot of uncertainty in calculating the unlawful presence and increasing the risk of putting many students under re-entry bars and that too for the reasons that are not in students' control.
Many experts opine that this may lead to falling in a number of international students in US institutions and in engagement international researchers and professors, which may cause a destructive effect on the higher education system in the United States.