Surprise Checks by USCIS on F1 STEM OPT Students; Already Facing Visa Risks
The USCIS (US Citizenship and Immigration Service) has increased its random site visits for F1 OPT and STEM OPT students to ensure that the documents such as the academic and financial records, are credible. These are unannounced visits to ensure that there is no fraud being conducted by STEM OPT students. OPT (Optional Practical Training) is a temporary work permit for F1 visa students, allowing them to work in USA for 12 months. However, if a student has completed a degree major in STEM (Science, Technology, Engineering, and Math), then their OPT might get extended for 24 months. With the ongoing changes in the H1B visa fees and other proposals on OPT tax and removal of the H1B lottery visa system, Indian students in USA are required to be extra cautious. The USCIS officers are randomly checking if the training under the OPT program is as per the guidelines listed on Form I-983. Read this article to know more about the details of surprise checks by USCIS on F1 STEM OPT students.
What is Inspected in the Surprise Visits by USCIS?
Recently, the number of onsite inspections by the Fraud Detection and National Security (FDNS) unit of USCIS has increased, especially focusing on international students on Optional Practical Training (OPT) and STEM OPT extensions. These inspections are random and are conducted without any prior notice. The aim is to ensure that international students are following the regulations of the OPT program. These inspections can be prompted by random checks, complaints from third parties, or signs of potential fraud. The visits can take place at physical offices, remote work locations, or even at home. USCIS and ICE officers have the legal right to inspect these locations and interview both the student and the employer. Officers may ask for documents such as:
Official school transcripts
Recent payrolls and bank statements
Signed and compliant I-983 forms
Job offer letters and employment verification
A few months ago, USCIS also inspected fake payrolls being provided to international students in the OPT program. Hence, these inspections are not only to check international students on OPT, but also to verify that the employers are credible and nonfraudulent.
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What Will Happen if the Rules of F1 OPT STEM Extensions are Violated?
If the rules and regulations set up by the USCIS are not followed, the legal status of that individual will be affected. Below are some of the highly anticipated cases of violating the rules of OPT STEM Extension.
SEVIS record being terminated
Losing F1 visa status
Arrest, detention, deportation
Cancellation of their I-20
Limited chances of obtaining future visas or a green card in USA.
In situations where F1 OPT STEM extension students face issues with their ongoing program, such as obtaining fake payrolls, it is advisable that they seek legal advice in USA as soon as possible and should present evidence for the same. It is also advisable that international students should be aware before joining an organisation for the OPT Program. The Designated School Officer (DSO) or the international student office helps international students understand the credibility of the organisation, and hence, they should discuss these matters before joining any US organization. Students can also talk to other students on an F1 visa or connect with the company's employees on LinkedIn to figure out the authenticity of the company.
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Frequently Asked Questions (FAQs)
Q: Can USCIS reject OPT?
A:
Yes, the USCIS can reject the OPT program for international students. Some of the common reasons for rejection include missing deadlines, documents, providing incorrect documents, payment failures etc.
Q: How long does USCIS take to respond to OPT?
A:
The USCIS can take around 90days to respond to an OPT application. However, there are instances where it might take more than 90 days for an application to be processed, especially when the number of applications is high.
Q: How long can I stay after an OPT expires?
A:
If your OPT training has expired, you will get 60 days of grace period to stay in USA and make the required changes. However, if you are from a STEM background, then you can extend your OPT training for an additional 24 months.
Q: Can I reapply for OPT if denied?
A:
Yes, you will be able to reapply for the OPT if your application was denied initially due to reasons such as incomplete documents or missed deadlines. However, make sure to contact your school's Designated School Official (DSO) before reapplying for the OPT. Also make sure that you are not making the same mistakes in your OPT application.
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