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International Students Face a Barrage of Nonimmigrant Visa Policy Risks

For international students and their families chasing the "American Dream," the once-clear path of "F-1 → OPT → H-1B → Green Card" is now fraught with uncertainty and peril. A recent flurry of adjustments to U.S. immigration policy has descended like a sudden storm, relentlessly battering the future of every family with ties to the United States.

When the "ticket" of temporary status can be swept away at any moment, a Green Card, the symbol of permanent residency, is no longer just a nice-to-have option. It is the "Noah's Ark" that ensures you and your family can build a secure and stable life in America.


The Nonimmigrant Visa : A Comprehensive Escalation of Risks

 Warning 1: F-1/J-1 Visas – The End of the "Duration of Status" , Soaring Risk of Academic Interruption



● Current Rule (D/S): The "Duration of Status" model meant that as long as you were a full-time student, your F-1 status remained valid until you completed your studies.

● New Rule: The D/S model is eliminated and replaced with a fixed period of stay (with a maximum of 4 years, potentially shortened to 2 years for students from certain countries).

● Negative Impacts:Forced Academic Interruption: STEM students pursuing a 5-8 year Ph.D. may face visa renewal in their 4th year. If the renewal is denied, years of hard work will be wasted, forcing them to abandon their research or transfer to another country.

○ Loss of OPT Eligibility: A failed renewal will directly prevent you from applying for Optional Practical Training (OPT), leading to unemployment upon graduation and the loss of the opportunity to gain valuable work experience in the U.S.

○ Dual Burden of Time and Finances: Frequent renewal applications not only consume significant money and energy but also create immense uncertainty. The short 30-day grace period after completing a program leaves you scrambling to depart, change status, or renew, where a slight misstep could lead to "unlawful presence."


Warning 2: Optional Practical Training (OPT) – A "Sword of Damocles" Ready to Fall


The nominee for the new Director of USCIS, Joseph Edlow, has clearly stated his desire to terminate the OPT program. He believes OPT takes job opportunities from young Americans and lacks congressional authorization and effective oversight.

● Negative Impacts: While the possibility of an immediate, outright termination is low, it is highly probable that "soft measures" like extending processing times and reducing administrative resources will be used to restrict OPT. For the vast number of international students, any restriction on OPT is equivalent to cutting off the primary bridge to employment in the U.S.


Warning 3: H-1B Work Visa – Farewell to the Lottery, Enter the "Wage War" Era


The current random lottery system is set to be abolished and replaced with a "wage-level-based prioritization." Visas will be allocated first to applicants with higher salary levels.

● Negative Impacts: This is a devastating blow to recent graduates and applicants in entry-level positions. When H-1B becomes an exclusive game for high-earners, the door to working in the U.S. will be slammed shut for most ordinary international students.


Warning 4: H-1B Unemployment – The 60-Day Grace Period is No Longer a "Safe Harbor"

Recently, an increasing number of H-1B holders have suddenly received a "Notice to Appear (NTA)" during their 60-day unemployment grace period, directly initiating removal proceedings.

● Negative Impacts: This means every day after a job loss is filled with uncertainty. Once an NTA is received, one's fate is left to the court's decision, and the sense of security in the U.S. vanishes completely.


Warning 5: PERM Labor Certification – Big Tech Tightens Up, Blocking the Source of the Green Card Path

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As the first step for EB-2/EB-3 Green Card applications, the volume of PERM filings has declined for the first time in fiscal year 2024 after a decade of soaring growth. Behind this is the harsh reality of mass layoffs in big tech and tightening sponsorship policies.

● Negative Impacts: Without a PERM, even if you are fortunate enough to hold an H-1B, you will have no choice but to leave the country after the six-year limit. The path to an employment-based Green Card is being choked off at its very source.

From studying to working, and then to applying for a Green Card, every link in this traditional chain has been shackled. Relying on a temporary status to build a life in the U.S. is like building a castle on sand, liable to be washed away by the tide of policy changes at any moment. Proactively planning for a Green Card has become an urgent priority for all families with U.S. aspirations.

 

The EB-5 Solution: Your Stable and Efficient Path to a Green Card

 As other doors are closing, the EB-5 Immigrant Investor Program, especially the reserved visa projects under the new act, offers a stable and efficient solution for you and your family with its unique advantages.

The three reserved visa categories under the new EB-5 policy (Rural, High Unemployment Areas, and Infrastructure) are currently without a backlog, allowing applicants to obtain a U.S. Green Card quickly, often within 1-2 years.

Furthermore, with no backlog, applicants already in the U.S. can concurrently file Form I-526E (Immigrant Petition by Regional Center Investor) and Form I-485 (Application to Adjust Status), along with applications for a work permit (EAD) and travel document (Advance Parole). They can obtain a "Combo Card" in as fast as 90 days, allowing them to enjoy Green Card benefits early and work without being tied to a specific employer.

 

Why Choose Globevisa for Your EB-5 Journey?

Globevisa has been a leader in the EB-5 field for over 10 years. With a global network of more than 50 integrated offices across six continents, we have successfully assisted over 5,000 families in their U.S. Green Card applications, maintaining an outstanding track record of zero denials.

Since the launch of the EB-5 Reform and Integrity Act in 2022, Globevisa has successfully facilitated fundraising for over 13 EB-5 projects, setting industry-leading records such as processing more than 30 group applications in a single month and submitting petitions in as fast as 21 days.

Globevisa has an in-house team of licensed U.S. attorneys who strictly oversee every stage of project development to protect your investment security.

Globevisa is an honored member of Invest in the USA (IIUSA), has been ranked among the Top 25 EB-5 Immigration Agencies worldwide, and is the recipient of the "2024 I-829 Approval Contribution Award" and the "2024 I-526 Approval Contribution Award."

With Globevisa's expert guidance, your American life can begin now.

 

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