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Federal Lawsuit Challenges Florida Law Restricting Employment of Nationals from Specific Countries in Higher Education

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A federal lawsuit aims to halt Florida’s law that limits the influence of “countries of concern” on higher education, based on the inaccurate notion that foreign nationals have a right to employment at American universities.

Professor Zhengfei Guan from the University of Florida filed the lawsuit against state officials after losing his top candidate for a postdoctoral assistantship, as reported by the campus newspaper, The Alligator.

The loss resulted from Florida’s compliance with Senate Bill 846, which restricts partnerships and employment with people from seven countries: China, Russia, Iran, North Korea, Cuba, Venezuela, and Syria.

The Alligator reported that of the 18 international students who applied for Guan’s assistant position, five were from countries of concern, and a postdoctoral student from China was identified as the leading candidate.

Individuals from these restricted countries can still seek employment, but they must apply separately to Florida authorities, who will make the final decision on the employment.

American policymakers, both state and federal, should prioritize American workers over international students when it comes to job opportunities. Foreign students do not have an inherent right to job placements funded by American taxpayers. Last fiscal year, Florida state and local entities spent at least $6 billion on higher education subsidies.

These funds should be primarily used to educate residents of Florida and other Americans, ensuring they can contribute to the economy and support a functional society. It should not be used to advance the academic careers of foreign students who may return to their home countries.

It is plausible that Guan could find an American postdoctoral assistant to support his research in tomato and strawberry production.

Two foreign students have joined the lawsuit, claiming the law restricts their employment opportunities. They either misrepresented their intentions on their visa applications or their employment here does not benefit America’s economy.

Applicants for an F-1 student visa must demonstrate they have no intention of abandoning their residence abroad. F-1 visas are not intended for obtaining citizenship.

If the plaintiffs are genuine about their intention to return to China after graduation, it is unclear why training Chinese citizens at the expense of American taxpayers should be a priority for the United States.

The lawsuit states that Senate Bill 846 imposes financial burdens on them, including nearly $10,000 per semester in tuition fees and living expenses estimated at about $21,500 per academic year, totaling around $40,000 per academic year, which the graduate assistantship offers would cover.

When applying for their F-1 visas, they were required to show they had sufficient funds for self-support during their studies. One plaintiff was already studying in New York, while another arrived from China.

Since neither can self-support as they claimed, they might need to leave or seek other opportunities in the U.S. Thus, the funds for their employment can be redirected to American citizens or permanent residents, who can use the knowledge gained to benefit the country, as it should be.

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