【黄金范文+加强版】花了一下午写的DHS新规反对评论,有需要的可以参考
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欢迎版主移到合适的板块,语法错什么的都是浮云~~~好久没写argument了,结构比较随意~~~以下正文
I strongly oppose the new proposal and recommend the DHS and related departments to revise the proposal based on the following reasons:
The main goal of the proposal is to alleviate the overstay issue, but the proposal does not provide any concrete data/analyses/statistics to prove that the new system can indeed help to reduce the overstay rate. Rather, the whole argument was based on speculations such as "DHS believes that replacing admissions for D/S for F-1 students with admission for a fixed time period would help mitigate these national security risks by ensuring an immigration official directly and periodically vets applicants for extensions of stay" [1] and isolated examples scattered through the text.
The department definitely has the right to “believe” something, but its rule-making needs to be backed by data rather than speculations, especially when making rule changes that would affect well-over a million people’s life [2] and cost more than 237 million dollars per year for the next ten years [3]. The cost will not only come from the non-immigrants’ pocket, but also will consume US tax-payer money that can be used to promote other more meaningful projects (e.g., gender/racial equality, education, homelessness) rather than wasted on government paperwork processing.
Moreover, on the contrary, the current D/S system is indeed helping to reduce the overstay rate of F/J students and scholars, and this is supported by official DHS analysis. Based on reports released by DHS from FY 2016-FY 2019 [4], the overstay rate of F/M/J students, under the current D/S system, decreased monotonically from 5.48% in FY 2016 to 3.09% in FY 2019, which translates to a 43.6% relative reduction.
The current system is working just fine at reducing the overstay rate significantly over the years (over 43.6% reduction from 2016-2019) and would not incur any extra cost (compared with the 237 million dollars annual cost of the new proposal), while the department does not have any concrete data to support that the proposed new system would perform better than the current one. Therefore, I would argue that we should not replace a system that’s proven to work for the past decades with a system that’s based on speculations and hypotheses.
There are also other negative impacts of the proposed new rules,
- Firstly, under the new rules, potentially 20% [2] of the F/J non-immigrants would need to file EOS, which is both costly and nerve-wracking, at a certain point during their stay in the US. The DHS is trying to downplay this population as “a significantly smaller percentage of students are engaged in programs which may last longer than 4 years, DHS considered that the proposed framework would accommodate many students, creating a less burdensome process.” I would like to point out that 20% of a population that’s counted in the millions is not a small number; a fun fact is that the country Barbados has a population of around 280k in 2018 [5], a population that’s comparable with the 20% of the F/J/I population we are discussing here. I believe any sensible lawmaker in the US would not propose a law/rule/regulation that would create a disadvantageous status for a certain minority group (e.g., African Americans, 13% of the population [6], Hispanic and Latino Americans, 18% of the population [7]) based solely on the fact that they are not the majority of the population
- Secondly, it is a waste of resources to ask F-1 Post-OPT applicants to file both an EOS and EAD application under the new rule. The EAD application is already making sure that the student is compliant with their status regulations and requirements, otherwise, 1) their DSO won’t recommend them for the OPT program, 2) their EAD won't be approved because the EAD application is carefully reviewed by USCIS officials, possibly the same group of officers that also review F-1 EOS applications. Asking a student to submit both an EOS and EAD is a waste of money, resources, time, paper, energy… for the student, DSO, universities, and USCIS officials. Moreover, there are some other points I would like to discuss regarding this particular new rule on F-1 Post-OPT and EOS,
* The Post-OPT processing time is already very slow (90-120 days [8]), and the current EOS processing time is even slower (5-10 months based on official USCIS estimates [9], as of 09/27/20). The new rule will further slow down the processing time of USCIS on those applications. The result of this is that it is very likely for US employers to rescind their job offers to F1 Post-OPT applicants merely because USCIS may not be able to process both applications on time. Not many employers are willing to wait for five to 10 months until a recruit can start working. This could potentially lead to negative effects on the US economy and push top talents to other competing countries (e.g., Canada, Japan, EU countries)
* The new rule does not address how having to apply for both the EOS and EAD would affect the current 90-day unemployment rule on Post-OPT participants. It is possible that a student who cannot start working for their employer after receiving their approved EAD merely because of a pending EOS, and once they reached 90-day of unemployment (again, it could take 10 months or more for USCIS to approve EOS), they have to abandon their job offer and leave the US. This not only harms the student, but also hurts the productivity and benefit of the US employer
* The proposed document is potentially self-contradicting. In [10] the document states “F nonimmigrants with a timely filed EOS application and whose EOS application is still pending after their admission period indicated on Form I-94 has expired would … be prohibited from engaging in employment until their EOS applications and applications for employment authorization based on either an internship with an international organization, CPT, pre-completion OPT, or post-completion OPT are approved.” Suggesting that an F-1 Post-OPT applicant needs to have both EOS and EAD approved to start working. On the other hand, in the proposed amendments to the current regulations section, the document claims that “An F alien whose status as indicated on the Arrival-Departure Record (Form I-94 or successor form) has expired will be considered to be in a period of authorized stay if he or she has timely filed an extension of stay application pursuant to paragraph (f)(7) of this section until USCIS issues a decision on the extension of stay application.” [11] and “An alien in F-1 status recommended for post-completion OPT must apply for an extension of stay and employment authorization and may not engage in post-completion OPT unless such employment authorization is granted.” [12]. Combining [11] and [12], especially since [11] clarifies the validity of authorized stay during pending EOS, they suggest that an F-1 who has timely filed EOS and Post-OPT and received their OPT EAD can engage in Post-OPT before the EOS is approved. The disagreement between [11], [12] combined and the statement in [10] is confusing
- Thirdly, setting discriminative regulations to people merely based on their country of birth or citizenship is against the core value of the US
DHS and university DSOs are already monitoring F/J students very closely through CBP/POE, SEVP, SEVIS, USCIS. DHS has full access to an F/J non-immigrant’s entry/departure/enrollment/duration-of-stay history. They can utilize that information they have at disposal to create a smarter, cheaper, more effective way of figuring out who’s abusing the F/J non-immigrant programs and take appropriate actions. A new blanket proposal like this both lacks consideration of the problem they have and probably won't solve the problem they claim to alleviate. The new proposal, in effect, can be compared with the following analogy.
"A patient walks into a dental clinic, ‘doctor, I have a sour tooth.’ The dentist says ‘let me look. I see, you have a cavity on one of your wisdom teeth. I will perform a minor procedure to randomly remove around 20% of your teeth, which is about seven teeth in total. No big deal, they only account for a significantly smaller percentage of your teeth. Hopefully, one of the teeth I remove is the one that has the cavity. By the way, this procedure only costs $237,000 and is not covered by your insurance and you have to do it every two or four years depending on which state you were born.’ The dentist chuckles." I hope this joke brings you a little laughter and sincerely hope that you could reconsider and improve this new proposal that could affect millions of lives.
[1] federalregister.gov
[2] federalregister.gov
[3] federalregister.gov
[4] dhs.gov
[5] datatopics.worldbank.org
[6] minorityhealth.hhs.gov
[7] minorityhealth.hhs.gov
[8] federalregister.gov
[9] egov.uscis.gov
[10] federalregister.gov
[11] federalregister.gov
[12] federalregister.gov
欢迎版主移到合适的板块,语法错什么的都是浮云~~~好久没写argument了,结构比较随意~~~以下正文
I strongly oppose the new proposal and recommend the DHS and related departments to revise the proposal based on the following reasons:
The main goal of the proposal is to alleviate the overstay issue, but the proposal does not provide any concrete data/analyses/statistics to prove that the new system can indeed help to reduce the overstay rate. Rather, the whole argument was based on speculations such as "DHS believes that replacing admissions for D/S for F-1 students with admission for a fixed time period would help mitigate these national security risks by ensuring an immigration official directly and periodically vets applicants for extensions of stay" [1] and isolated examples scattered through the text.
The department definitely has the right to “believe” something, but its rule-making needs to be backed by data rather than speculations, especially when making rule changes that would affect well-over a million people’s life [2] and cost more than 237 million dollars per year for the next ten years [3]. The cost will not only come from the non-immigrants’ pocket, but also will consume US tax-payer money that can be used to promote other more meaningful projects (e.g., gender/racial equality, education, homelessness) rather than wasted on government paperwork processing.
Moreover, on the contrary, the current D/S system is indeed helping to reduce the overstay rate of F/J students and scholars, and this is supported by official DHS analysis. Based on reports released by DHS from FY 2016-FY 2019 [4], the overstay rate of F/M/J students, under the current D/S system, decreased monotonically from 5.48% in FY 2016 to 3.09% in FY 2019, which translates to a 43.6% relative reduction.
The current system is working just fine at reducing the overstay rate significantly over the years (over 43.6% reduction from 2016-2019) and would not incur any extra cost (compared with the 237 million dollars annual cost of the new proposal), while the department does not have any concrete data to support that the proposed new system would perform better than the current one. Therefore, I would argue that we should not replace a system that’s proven to work for the past decades with a system that’s based on speculations and hypotheses.
There are also other negative impacts of the proposed new rules,
- Firstly, under the new rules, potentially 20% [2] of the F/J non-immigrants would need to file EOS, which is both costly and nerve-wracking, at a certain point during their stay in the US. The DHS is trying to downplay this population as “a significantly smaller percentage of students are engaged in programs which may last longer than 4 years, DHS considered that the proposed framework would accommodate many students, creating a less burdensome process.” I would like to point out that 20% of a population that’s counted in the millions is not a small number; a fun fact is that the country Barbados has a population of around 280k in 2018 [5], a population that’s comparable with the 20% of the F/J/I population we are discussing here. I believe any sensible lawmaker in the US would not propose a law/rule/regulation that would create a disadvantageous status for a certain minority group (e.g., African Americans, 13% of the population [6], Hispanic and Latino Americans, 18% of the population [7]) based solely on the fact that they are not the majority of the population
- Secondly, it is a waste of resources to ask F-1 Post-OPT applicants to file both an EOS and EAD application under the new rule. The EAD application is already making sure that the student is compliant with their status regulations and requirements, otherwise, 1) their DSO won’t recommend them for the OPT program, 2) their EAD won't be approved because the EAD application is carefully reviewed by USCIS officials, possibly the same group of officers that also review F-1 EOS applications. Asking a student to submit both an EOS and EAD is a waste of money, resources, time, paper, energy… for the student, DSO, universities, and USCIS officials. Moreover, there are some other points I would like to discuss regarding this particular new rule on F-1 Post-OPT and EOS,
* The Post-OPT processing time is already very slow (90-120 days [8]), and the current EOS processing time is even slower (5-10 months based on official USCIS estimates [9], as of 09/27/20). The new rule will further slow down the processing time of USCIS on those applications. The result of this is that it is very likely for US employers to rescind their job offers to F1 Post-OPT applicants merely because USCIS may not be able to process both applications on time. Not many employers are willing to wait for five to 10 months until a recruit can start working. This could potentially lead to negative effects on the US economy and push top talents to other competing countries (e.g., Canada, Japan, EU countries)
* The new rule does not address how having to apply for both the EOS and EAD would affect the current 90-day unemployment rule on Post-OPT participants. It is possible that a student who cannot start working for their employer after receiving their approved EAD merely because of a pending EOS, and once they reached 90-day of unemployment (again, it could take 10 months or more for USCIS to approve EOS), they have to abandon their job offer and leave the US. This not only harms the student, but also hurts the productivity and benefit of the US employer
* The proposed document is potentially self-contradicting. In [10] the document states “F nonimmigrants with a timely filed EOS application and whose EOS application is still pending after their admission period indicated on Form I-94 has expired would … be prohibited from engaging in employment until their EOS applications and applications for employment authorization based on either an internship with an international organization, CPT, pre-completion OPT, or post-completion OPT are approved.” Suggesting that an F-1 Post-OPT applicant needs to have both EOS and EAD approved to start working. On the other hand, in the proposed amendments to the current regulations section, the document claims that “An F alien whose status as indicated on the Arrival-Departure Record (Form I-94 or successor form) has expired will be considered to be in a period of authorized stay if he or she has timely filed an extension of stay application pursuant to paragraph (f)(7) of this section until USCIS issues a decision on the extension of stay application.” [11] and “An alien in F-1 status recommended for post-completion OPT must apply for an extension of stay and employment authorization and may not engage in post-completion OPT unless such employment authorization is granted.” [12]. Combining [11] and [12], especially since [11] clarifies the validity of authorized stay during pending EOS, they suggest that an F-1 who has timely filed EOS and Post-OPT and received their OPT EAD can engage in Post-OPT before the EOS is approved. The disagreement between [11], [12] combined and the statement in [10] is confusing
- Thirdly, setting discriminative regulations to people merely based on their country of birth or citizenship is against the core value of the US
DHS and university DSOs are already monitoring F/J students very closely through CBP/POE, SEVP, SEVIS, USCIS. DHS has full access to an F/J non-immigrant’s entry/departure/enrollment/duration-of-stay history. They can utilize that information they have at disposal to create a smarter, cheaper, more effective way of figuring out who’s abusing the F/J non-immigrant programs and take appropriate actions. A new blanket proposal like this both lacks consideration of the problem they have and probably won't solve the problem they claim to alleviate. The new proposal, in effect, can be compared with the following analogy.
"A patient walks into a dental clinic, ‘doctor, I have a sour tooth.’ The dentist says ‘let me look. I see, you have a cavity on one of your wisdom teeth. I will perform a minor procedure to randomly remove around 20% of your teeth, which is about seven teeth in total. No big deal, they only account for a significantly smaller percentage of your teeth. Hopefully, one of the teeth I remove is the one that has the cavity. By the way, this procedure only costs $237,000 and is not covered by your insurance and you have to do it every two or four years depending on which state you were born.’ The dentist chuckles." I hope this joke brings you a little laughter and sincerely hope that you could reconsider and improve this new proposal that could affect millions of lives.
[1] federalregister.gov
[2] federalregister.gov
[3] federalregister.gov
[4] dhs.gov
[5] datatopics.worldbank.org
[6] minorityhealth.hhs.gov
[7] minorityhealth.hhs.gov
[8] federalregister.gov
[9] egov.uscis.gov
[10] federalregister.gov
[11] federalregister.gov
[12] federalregister.gov
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