38 J.L. & Educ. 335 (2009)
F-1/H-1B Visa Contradiction: Uncle Sam Wants Your Tuition, but Not Your Expertise or Your Tax Dollars, The; Mayberry, Darren

handle is hein.journals/jle38 and id is 339 raw text is: 






Chalk Talk-


The F-i/H-lB Visa Contradiction: Uncle Sam

Wants Your Tuition, but not Your Expertise or

Your Tax Dollars

                     I. INTRODUCTION

  In 2007, the State Department allowed over 320,000 foreign students
to enter the United States on F-1 educational visas and remain for the
duration of their studies.' But the same year the U.S. limited the gradu-
ating foreign students permitted to work here to just 65,000.2 Why is the
United States' education admissions so generous while its job recruit-
ment so limited? The conflicting agendas frustrate employers and grad-
uates alike, resulting in what has been called the H-iB crisis.
  The U.S. should allow foreign graduates of U.S. universities and insti-
tutions exemption from the 65,000 H-lB worker quota. This Note will
detail why the current policy is not merely inequitable to foreign gradu-
ates and U.S. employers, but ultimately disadvantageous for the U.S. as
a nation. This Note will also explore why the proposed exemption makes
for both the best solution to the crisis and a sound, lasting policy that
defragments our national educational initiatives from our high-tech
industry imperatives.

   II. THE UNITED STATES ACTIVELY PROMOTES F-1
            STUDENT VISAS TO FOREIGNERS

  If a foreigner wishes to study within the United States, he or she must
obtain an F-1 visa. Although the U.S. wants students to come here to
study, there are still a number of requirements for a foreigner to obtain

    1. Department of State, Report of the Visa Office 2007, Table 16A (available at
http://www.travel.state.gov/pdf/FY07AnnualReportTableXVIA.pdf).
   2. This is the quota for H-1B skilled worker visa, 8 U.S.C.A. §1184(g)(1)(A)(vii)(2008);
INA §214(g)(1)(A)(vii)(2008).

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