ICE flags 10,000 OPT fraud cases

U.S. Immigration and Customs Enforcement said on May 12 that it had identified more than 10,000 potential fraud cases linked to Optional Practical Training, the work authorization used by international students after graduation. The agency said the cases emerged from a review of employers participating in the program, including site visits that found empty buildings, false addresses and students who did not appear at listed worksites. The disclosure has added pressure on universities, employers and foreign graduates who rely on OPT and its STEM extension to remain in the United States after school. Immigration lawyers said the announcement points to broader scrutiny of how companies document supervision, training and job duties for F-1 visa holders. ### What exactly did ICE say it found? ICE Acting Director Todd Lyons said the agency had uncovered “more than 10,000” potential fraud cases related to OPT, according to Politico and NJ.com. The reporting said investigators found “highly suspect” employers and listed worksites that turned out to be empty buildings or false addresses. (nj.com) May 12 is the date cited by multiple legal and news accounts for the ICE announcement. The National Law Review, citing the agency’s action, said the enforcement push covers both students and employers and reflects increased attention to whether OPT jobs are legitimate and properly supervised. ### How does the OPT program work? Optional Practical Training allows F-1 international students to work in the United States in jobs related to their field of study after graduation. (nj.com) Standard OPT generally lasts 12 months, and eligible science, technology, engineering and math graduates can seek a 24-month STEM OPT extension. The STEM extension carries added employer obligations. (natlawreview.com) Legal guidance published this week said employers should be able to show that the role provides training related to the student’s degree and that supervision occurs in the United States, with remote or offshore management structures posing added compliance risk. (politico.com) ### Why are employers paying attention now? Greenberg Traurig’s Kate Kalmykov wrote in the National Law Review on May 20 that employers should expect increased scrutiny of whether OPT positions are legitimate, properly supervised and compliant with program rules. She said companies should review employment models, supervision structures and recordkeeping tied to OPT and STEM OPT workers. (gtlaw-insidebusinessimmigration.com) NJ.com reported that the ICE disclosure has already unsettled universities and employers with large international student populations, including in New Jersey. The report said the agency’s findings have raised concern that legitimate students and employers could face more audits and document requests as the review expands. (natlawreview.com) ### Why does this matter beyond campuses? Fortune reported on May 20 that companies have been building contingency plans around visa and immigration disruptions, with an immigration expert telling the publication many employers were moving to “plan C.” The article said some large technology companies, including Apple and Google, had previously warned certain visa-holding employees against overseas travel because of the risk of being stranded abroad by visa-processing delays. (nj.com) Business immigration lawyers said the OPT crackdown adds another layer of compliance risk for employers that depend on foreign talent. Those lawyers said companies may need to tighten internal reviews of hiring, training plans and mobility policies as ICE continues examining student employment records. (hindustantimes.com) ### What happens next for students and companies? ICE has not publicly released a full list of employers or students tied to the 10,000 potential cases in the sources reviewed. But legal alerts published after the May 12 announcement said employers should expect more site visits, document checks and scrutiny of whether reported jobs match program requirements. (gtlaw-insidebusinessimmigration.com) Universities and company compliance teams are now the next line of response. Immigration lawyers said schools should verify student reporting and employers should review supervision, worksite addresses and training records as ICE’s enforcement effort continues in the weeks ahead. (gtlaw-insidebusinessimmigration.com)