Is the US Government discriminating against African students when it comes to student visas?

Last week I attended a webinar hosted by the Presidents' Alliance on Higher Education and Immigration and co-sponsored by Shorelight that looked at visa refusal rates, specifically for the African continent. Much appreciation to the team on the report and the data shared, as I personally have been very curious about it. Not surprisingly, visa refusal rates across Africa (without including southern Africa) are much higher than global rates. Some of the sentiments shared in the webinar were 1) there is now evidence systemic discrimination against African students, 2) how this will impact future students in relation to how soon Africa will have the largest population of young people, 3) a final message that the US Government (USG) has to change policy regarding student visas.

Now, don't get me wrong, I completely agree there are legitimate students who are refused visas, something I have experienced during my 10 years working in Kenya. I also believe that the United States Government (USG) has to review the process and training of Consular Officers, and I understand they have started taking steps in the right direction under the new administration. However, as someone who is in the region and on the ground, I don't think this issue is as clear cut and there are several layers to explore. At surface level, the problem could appear as systemic discrimination by USG towards Africans, but allow me to explain why I don't think the visa refusal rates are solely their (the USG) fault:

1. The Denominator

The reality is, not every student applying for a student visa is truly a viable candidate. If you compare the visa refusal rate against a country like the UK, you will see a significant difference: the UK has a global 4% visa refusal rate. The UK visa process is very straightforward in terms of how funding is sourced, and the role universities play in obtaining the CAS (similar to the Form I-20). I will address this in depth further in this post. Therefore, while understanding that legitimate students do get refused a US visa, it would be unwise to assume that all (or a majority of) student visa applicants fall into that category of "viable candidates for a visa."

Even as I am typing this, I have two students who have called and asked me about F1 visa help. They have similar profiles: 24 years old, they finished secondary school five years ago, have done simple jobs to stay busy, and will be sponsored by family members who are American citizens living in the same city at the school they have applied to. These are not outliers; I believe these cases - and similar - are the bulk of who apply. To the Consular Officer, these students are high-risk for immigrant intent.

To add, I am part of several Facebook groups where people post a valid I-20, ask the group questions, such as "what are my visa chances?" and “is this a good school to get a visa?” Students are crowdsourcing for answers to visa interview questions; they may know little to zero information about the school. A big concern I have is the general consensus amongst applicants is believing they deserve a visa just because they have an I-20 and a bank statement.

2. Bad Actors

- Students. Visa refusal rates are also a reflection of how applicants from a certain country behave. If the USG has reason to believe that applicants use fraudulent documents or have immigrant intent due to the conditions faced in their own country, and the statistics match that, then newer applicants will face challenges.

It is unfair to assume that all students are truly genuine cases; I would argue that a lot of them have immigrant intent. There is nothing wrong with immigrant intent, but until the USG changes their policy and guidelines to allow dual intent, consular officers will continue to look at students through that lens. I think the USG can truly have an impact in this area.

Those bad actors who sneak through the system and are approved gives encouragement to others to do the same; in turn this hurts those who are genuine. For context, in the 10 years I have been in Kenya, this is the first year that the Canadian High Commission is asking students to come for an in-person interview to verify bank statements because of an uptick in fraudulent documents.

- Agents. The use of agents is a newer concept in the US but one that I think can have a huge impact if done correctly. Consider international student recruitment in Australia and how much it relies on agents. However, both the Government and universities have strict guidelines on how to work with agents, almost like keeping an eye on them. It is critical for US universities to understand there is a difference in agents: those driven by commission (who is going to pay more for the student) and those driven by purpose (finding the right fit for the student). I continue to see agents with blatant advertising of immigrant intent or have a history of misleading students continue to get signed on by universities. So with no repercussions and a potential to make more money, bad faith agents will do whatever it takes (falsify documents, misleading students or promising immigration) to try and get a student on a university campus so they can get paid.

- Universities. I think between the ease of I-20 issuance and lack of oversight of how the I-20 is used can be significantly improved. I understand in a lot of cases Admissions/DSOs are overwhelmed with the workload but, if universities want to positively impact visa rates, they need to spend more time on verification of documents for I-20 release, similar to how UK universities release a CAS for a student. Furthermore, universities need to take into consideration markets in which students who use their I-20 and visa but then either transfer out immediately or don’t even show up. And finally if a university uses an agent, they need to reassess how that relationship is overseen.

3. Recruiting from Africa needs to be intentional

Africa has amazing students who have lot to offer to the world. But just because the continent is poised to have the largest population of young adults in the next 10 years, it doesn't automatically mean more international students for universities. As much as we have to offer, we also face challenges. There is a gap of Africans who can afford and those who cannot afford to study abroad. Studying abroad should never be just a privilege for the wealthy, but it should also not cause distress to the student and their family. More universities should be offering generous scholarships to support academically gifted students from Africa. By being intentional in their recruitment, investing in the right areas and having an open mind, only then will universities benefit from recruitment in Africa. If not, visa refusal rate could actually go higher as the population increases!

In conclusion, while it is easier to assume that higher visa refusal rates are a reflection of the US Government discriminating against Africans (of course there are key changes to be made), there is a lot more than meets the eye. I think we all - students, agents, universities and the USG - have a role to play in this issue. If your university is having challenges with visas, let’s chat.