The US Immigration and Customs Enforcement (ICE) said it has identified 10,000 foreign students, including several from India, who claim to be working for highly suspect employers by misusing the Optional Practical Training (OPT) component of their visas.
Addressing a press conference on Tuesday, acting Director of ICE Todd Lyons said the OPT component of the student visa programme has “become a magnet for fraud” and has been the subject of many investigations by the Department of Homeland Security.
What is US Optional Practical Training (OPT)?
Optional Practical Training (OPT) is a program allowing international students in the USA with an F-1 visa to work in jobs directly related to their major area of study for up to 12 months (or 36 months for STEM fields). It offers temporary work authorisation post-graduation to gain practical experience, often serving as a bridge to long-term visa sponsorship.
The F-1 Visa is a non- immigrant visa that allows students to pursue full-time academic and language courses at Student and Exchange Visitor Program (SEVP) certified US institutions.
Red Flags for Potential US OPT Frauds
The United States Homeland Security Investigation (HSI) has listed several potential indicators that point out towards an OPT Fraud.
- Unoccupied and unused business locations
- Employers operating from personal residences listed as on-site employment locations, but no employees were present
- Businesses with “offshore” human resources and payroll personnel
- Employer officials with little knowledge regarding the operations of the companies they claim to represent
- Employer officials making inconsistent and contradictory statements about their businesses and the foreign students they employ.
Potential Punishment for the accused students in the US.
· Visa revocation and unlawful status: An H‑1B or F-1 petition proven fraudulent can be revoked and the beneficiary’s status invalidated; while on OPT, employment authorisation tied to the fraud would be void, creating unlawful presence.
· Denial of future petitions: Future non-immigrant and immigrant petitions (H‑1B, F-1, change of status, adjustment of status) will face heightened scrutiny and likely denial if an immigration fraud record exists.
· Professional, financial, and reputational harm: Criminal records, deportation orders, and immigration bans cause major career and financial disruption and can be permanent in effect.
Lyons and other officials outlined how federal investigators conducted site visits, identifying, among other things, cases where OPT beneficiaries were being “managed” by employees based in India, in violation of a provision of the programme requiring US training and direction. He also mentioned the OPT fraud a blatant attack on the goodwill of the American people, who generously allow foreign nationals access to their education system.
Disclaimer: This report is an extension of the news released by Press Trust of India (PTI).
