ICE has identified over 10,000 foreign students claiming employment with suspect employers, signaling a widespread fraud issue within the OPT program. This matters because legitimate employers may face increased scrutiny and compliance costs.
Site visits at OPT employer locations have revealed empty buildings, shared office complexes with coordinated employer clusters, and shell-company schemes. This highlights the need for employers to maintain documented, defensible compliance.
The STEM OPT extension places direct obligations on employers, including enrollment in E-Verify and the implementation of Form I-983 Training Plans. Employers must ensure they meet these requirements to avoid penalties.
ICE's recent announcement indicates a heightened focus on OPT fraud, impacting both standard OPT and STEM OPT programs. The agency's findings include instances of 'phantom employees,' international financial irregularities, and employers unable to verify basic employment details. For legitimate employers, this means increased site visits, sharper scrutiny on H-1B, EB-1C, and EB-2 petitions, and reputational risks.
Compliance Framework for OPT Employment
While standard OPT relies on the student to report employment information, employers should still provide offer letters, job descriptions, and letters explaining the role-degree connection. STEM OPT requires E-Verify enrollment and a detailed Form I-983 Training Plan, outlining the student's role, supervision, and skill acquisition. The training plan must be specific and reflect a bona fide employer-employee relationship.
Site Visits and Expectations
Employers should prepare for potential unannounced site visits from HSI and USCIS Fraud Detection and National Security (FDNS). These visits may include work location inspections, interviews with students and supervisors, and reviews of documentation. Inconsistencies between filed documents and observed conditions can trigger further investigation.
Practical Steps for Employers
Conduct an internal inventory of F-1 students on OPT or STEM OPT.
Review Form I-983 for each STEM OPT student and update as needed.
Confirm E-Verify enrollment and compliance.
Train supervisors on training plan substance and reporting deadlines.
Centralize relevant documentation for quick access during site visits.
Q: What should I do if ICE visits my company?
Cooperate fully with the investigation, provide requested documentation, and ensure supervisors are familiar with the student's training plan.
Q: How can I ensure my STEM OPT program is compliant?
Enroll in E-Verify, develop detailed Form I-983 Training Plans, and maintain thorough documentation of student progress and wages.
The crackdown on OPT fraud means that employers must prioritize compliance to avoid penalties and reputational damage. Key actions include maintaining accurate records, training supervisors, and ensuring a bona fide employer-employee relationship with F-1 students.
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