Advertisements

Russian Scholars Urge US to Change Visa Policies to Prevent Returning Home

by Hyacinth

Russian Scholars in the U.S. Urge Federal Agencies for Visa Extensions Amid Persecution Fears.

Russian scholars in the United States on temporary visas are calling on federal agencies to allow them to stay, citing fears of persecution if they return to their home country. Many of these scholars entered the U.S. through the Fulbright exchange program, but they are facing significant delays and complications in the process of securing extensions or changes to their visa status.

The scholars are frustrated by a complicated inter-agency process and long wait times—some have been waiting over a year for decisions on their requests. Without special exemptions, they are unable to change their visa status or extend their stay. Seeking asylum is costly and offers no guarantee of success, while relocating to another country is often impractical.

Advertisements

This situation prevents scholars from taking job opportunities waiting for them in the U.S. Until they receive a waiver from the home residency requirement, visa holders cannot work full-time or switch to employment-based visa status.

Advertisements

The Biden administration has made efforts to assist individual visa holders but has not granted blanket waivers for Russian scholars, even as it supports Ukraine in its ongoing conflict. The Institute of International Education (IIE), which oversees the Fulbright program, has been cautious in its public comments since Russia labeled it an “undesirable” program in March, accusing it of recruiting “agents of influence.”

“We will continue to emphasize the benefits that the exchange of students and scholars bring to both the U.S. and Russia,” the IIE stated, expressing disappointment over Russia’s designation but not disclosing how many scholars are affected.

Although the IIE and federal agencies have not released data on waiver requests, graduate students in networking groups estimate that over 150 Russian exchange visa holders in the U.S. could be impacted.

This issue underscores the tensions between the goals of visa programs and changing U.S. foreign policy. Attorneys argue that finding solutions should have been part of the U.S. response to the war, as neglecting this matter may harm the reputation of academic exchange programs in the future. “Who’s going to want to be a Fulbrighter in the future?” asked Margaret Stock, an attorney and board member of the Council on National Security and Immigration.

U.S. Citizenship and Immigration Services did not respond to requests for comment, while a State Department spokesperson emphasized that the “health, safety, and welfare of exchange participants is a top priority.” The department has advised visa holders on alternatives but stated that blanket relief for Russians cannot be provided.

This uncertainty has left many scholars scrambling. They have urged agencies to speed up waiver decisions, published opinion pieces, and sought Congressional assistance. However, many continue to wait as their visa statuses expire.

Kristina Serova, a Fulbright scholar who completed a master’s degree in public policy at the University of Minnesota, recounted how her former professors in Russia faced job losses or fled due to political pressure. They warned her against returning, but her U.S. visa is set to expire this month. “All of us might face persecution,” she said, emphasizing the risks associated with their Fulbright affiliation.

Had Serova received a waiver in time, she would have accepted a job at a New York City health center that serves underserved communities. Now, with her application still pending, she is considering pursuing another master’s degree in Minnesota or seeking asylum if her J-1 visa extension is not approved.

Home Residency Requirement

Fulbright scholars are part of the 250,000 participants in exchange visitor programs who come to the U.S. each year on J-1 visas. Established after World War II, the Fulbright program aims to promote cross-cultural understanding and academic exchange. Annually, over 3,000 U.S. students and faculty receive government-funded grants to study abroad, while around 4,000 foreign students and faculty come to the U.S. for research or academic programs.

J-1 exchange visitor visas require holders to spend at least two years in their home country or last legal residence after completing their studies in the U.S. This mandate aims to ensure that the program is a true “exchange” and prevents a brain drain in their home countries.

Exceptions exist for certain participants, such as international physicians who can obtain a waiver by working in areas with physician shortages. The State Department is also revising its list of designated occupations that require visa holders to return home after their programs.

However, obtaining a waiver for participants in government-funded programs like Fulbright is particularly challenging. “They don’t want the perception that you can come here on taxpayers’ dime and then freely immigrate to the U.S.,” said Brian Schmitt, an immigration attorney specializing in J-1 waivers.

Dangers of Returning to Russia

The situation for Russian scholars has become more precarious following Russia’s invasion of Ukraine and the Taliban’s takeover in Afghanistan. While Ukrainian and Afghan visa holders have received protections like Temporary Protected Status, Russian scholars do not have the same claims to protection. They argue that since the Ukraine invasion, the threats they face have changed.

Some scholars risk conscription into a conflict they oppose, as the military age limit was lifted after the war began. Recent developments indicate possible criminal prosecution for those engaged in activities abroad that the Russian government deems undesirable.

The number of groups labeled “undesirable” by Russian authorities has surged since the war began. As of July, 50 organizations received this designation, a significant increase from previous years, according to Irina Olimpieva, a research professor at George Washington University. Individuals connected to these groups may face fines or criminal charges.

Scholars in fields such as history and political science are particularly vulnerable to repression, Olimpieva noted. “Criticism of the political system is almost prohibited,” she stated. “The war has only worsened these issues.”

Violetta Soboleva moved to the U.S. in 2021 to study instructional design at Syracuse University, intending to return after one year. However, following the invasion of Ukraine, she decided to pursue a doctorate in educational psychology in the U.S. Her return to Russia became increasingly concerning due to her past involvement in the Alexey Navalny presidential campaign and her influential political blog. Navalny died this year while serving a prison sentence.

In response to Russia’s “undesirable” designation, the IIE suspended its operations there. However, Fulbright scholars argue that neither the IIE nor the State Department has provided alternatives to the slow waiver process, aside from relocating to a third country or finding a new visa sponsor.

Soboleva, an outspoken advocate for her fellow scholars, recently learned that her visa waiver was approved after a nine-month wait. She speculated that an op-ed she wrote for the Washington Post may have expedited her case, while others who applied earlier are still waiting. Soboleva believes the total number of affected visa holders may be even higher than the estimated 150.

“Not all Russian Fulbrighters are anti-war activists,” Soboleva emphasized. “Even those who are apolitical fear persecution in Russia due to their association with outside groups.”

Seeking Waivers

Exchange visa holders can obtain a waiver from the home-return rule through four methods: a no-objection letter from their home government, sponsorship by a U.S. government agency, demonstrating hardship due to personal circumstances, or applying for a persecution waiver.

While waiver requests are generally uncommon, there has been a marked increase in recent months, according to Schmitt. The persecution waiver is particularly appealing to Russian scholars, as it does not require approval from their home government or the U.S. agency that sponsored their visa.

To apply for a persecution waiver, scholars must submit evidence that they would face persecution in their home country based on race, religion, or political opinions. If the U.S. Citizenship and Immigration Services (USCIS) finds that the applicant would likely face persecution, the case is then sent to the State Department for further review.

Although the persecution waiver might seem more straightforward, applicants still face potential denials and long wait times. The USCIS issued guidance in October stating that waivers could be granted on a case-by-case basis during times of war or civil unrest in the applicant’s home country. However, applicants still contend with wait times of up to 17 months.

Siskind, the immigration attorney, approached the State Department about offering blanket waivers for Russian scholars after the Ukraine war began. Over six months later, he was informed that relief could only be granted on a case-by-case basis.

Advocates worry that a change in administration could pose even greater risks for Fulbright scholars, as former President Donald Trump is perceived to have a more favorable stance toward Russia. “A Kamala Harris administration may not be much better, but the alternative is concerning,” Siskind noted.

Limited Options

The State Department has conducted informational sessions to help scholars seek waivers, facilitated visa transfers to other educational institutions, and assisted some in relocating to countries other than Russia. However, these options are not guaranteed and could affect future visa applications.

Applying for U.S. asylum allows scholars to remain in the country but could lead to complications, such as not receiving a legal work permit for six months unless they have authorization through another visa status. Even those who can manage without a job for six months face a massive backlog, with many asylum seekers waiting over a decade for their cases to be resolved.

Daria Nefedova, a Fulbright scholar who graduated from Brandeis University in May with a master’s degree in global health, described the wait for a home-residency waiver as unrealistic. She plans to apply for asylum before her visa expires this month but is worried about financial strains since she has exhausted her savings during her studies. “How can I pay for health insurance? Or even food?” she asked.

Olimpieva highlighted that the political repression in Russia has already drained the country of human talent, but the current waiver process also leads to “brain waste” in the U.S. “It’s a waste when immigrants with high human capital are not being used to benefit their country of destination because of bureaucratic and political issues,” she added.

Ultimately, scholars are forced to contend with uncertainty, which has taken a toll on their mental health. They fear returning to Russia but are also unable to settle in the U.S. “I was in the U.S. for a year, and it was amazing,” Serova said. “But I feel my life has been on hold.”

You may also like

blank

Welcome to PopularMigrant.com – your gateway to a journey celebrating global migration. Discover inspiring stories, resources, and connect with a diverse network here. Read our articles on global immigration policies and visas and let your relocation experience begin now. 【Contact us: [email protected]

Copyright © 2023 popularmigrant.com