The U.S. Citizenship and Immigration Services (USCIS) has recently ramped up enforcement efforts to identify and eliminate fraudulent practices associated with the Optional Practical Training (OPT) and STEM OPT programs. These initiatives are critical for international students who seek to gain real-world experience in the United States post-graduation. However, recent crackdowns reveal a troubling trend of non-compliance, often leading to dire consequences for students, employers, and educational institutions.
At Mantra Law Office, we believe in educating our clients and helping them navigate the complexities of immigration law. In this blog, we break down the latest developments, red flags USCIS is watching for, and the steps you should take to stay compliant.
🔍 Why Is USCIS Cracking Down?
USCIS and Immigration and Customs Enforcement (ICE) have uncovered instances where students:
- Report employment with non-existent or fraudulent companies.
- Work in unrelated fields, violating STEM OPT guidelines.
- Lack valid training plans (Form I-983).
- Engage in unpaid work that does not meet the required employer-employee relationship.
Similarly, some employers and third-party agencies have abused the system by:
- Creating fake job offers or “shell” companies.
- Failing to provide actual work assignments or supervision.
- Charging fees for job placement under the guise of employment.
These violations compromise the integrity of the OPT program and put genuine students at risk of visa denial, loss of status, or future immigration bans.
⚠️ What USCIS Is Looking For
USCIS officers are now more vigilant in reviewing:
- SEVIS records vs. actual employment details.
- Legitimacy of employers listed on the I-983 form.
- Actual job duties and how they relate to the degree.
- Employer site visits and interviews to confirm employment authenticity.
- Excessive use of third-party placements or remote work without sufficient oversight.
✅ How to Stay Compliant: A Checklist for Students
- Work Only with Legitimate Employers
- Verify the company’s business registration and active operations.
- Avoid companies that offer job placements without clear job descriptions.
- Ensure Your Job Is Related to Your Major
- USCIS requires the job to be directly related to your field of study.
- Keep detailed job descriptions and supervisor notes that connect duties to your degree.
- Maintain a Valid Form I-983
- Make sure your employer completes the I-983 training plan honestly.
- Update and submit a new I-983 if you change employers or job roles.
- Avoid Unpaid Work on STEM OPT
- STEM OPT must be a paid position with regular hours and documented supervision.
- Report Changes Promptly
- Notify your Designated School Official (DSO) within 10 days of any change in employment, address, or contact information.
- Be Prepared for Site Visits
- USCIS or ICE may visit your employer’s location to verify employment.
- Ensure that your employer is aware and has records ready for verification.
🧾 How Employers Can Stay Compliant
- Do not offer positions outside your core business area just to sponsor OPT/STEM OPT.
- Follow training plans strictly and document employee progress.
- Avoid excessive third-party placements unless you can prove direct supervision.
- Be transparent during USCIS or ICE visits and audits.
❗ Consequences of Non-Compliance
- Students: Denial of future immigration benefits, SEVIS termination, and even removal proceedings.
- Employers: Civil fines, disbarment from participating in immigration programs, and criminal prosecution in serious cases.
🛡️ How Mantra Law Office Can Help
Whether you’re a student unsure about your job’s eligibility under OPT/STEM OPT, or an employer wanting to ensure full compliance with immigration laws, Mantra Law Office is here to guide you.
Our services include:
- Reviewing Form I-983 for accuracy and compliance.
- Advising students on valid job offers and employer selection.
- Helping employers implement compliant hiring practices.
- Representing clients during USCIS audits or RFE responses.
Stay Legal. Stay Safe. Stay Ahead.
Navigating the OPT and STEM OPT process can be challenging, but with the right guidance, you can build a successful path in the U.S. workforce. Reach out to Mantra Law Office today to ensure your future is protected.
