How to Recognize and Avoid OPT Scams as an F-1 Student

For many U.S. immigrants on the  F-1 student visa, the Optional Practical Training (OPT) program can be a crucial step in building your career and gaining practical experience. But navigating employment requirements can be challenging, and in recent years, OPT scams have emerged as a serious threat. Many students unknowingly fall victim to fraudulent employers, jeopardizing their immigration status and risking serious consequences. Here’s what you need to know to protect yourself from these scams, understand your rights, and safeguard your future.

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Background on OPT Unemployment Rules

Under the OPT program, F-1 students can work for up to 12 months in a field related to their studies after graduation. During this time, students may face a maximum of 90 days of unemployment. If granted a 24-month STEM OPT extension, the total unemployment period allowed extends to 150 days over three years.

During the initial 12 months of OPT, unpaid or volunteer work may count toward the employment requirement, but for students on the STEM extension, such work is generally disallowed. Exceeding these unemployment limits or failing to meet OPT employment criteria can result in a violation of immigration status, with significant repercussions.

What Are OPT Scams?

OPT scams are fraudulent schemes targeting F-1 students, often desperate to meet their employment requirements. These scams generally involve companies that pose as legitimate employers but offer little-to-no real work or training, sometimes demanding high upfront fees under the guise of “placement services” or “training programs.” In reality, these companies may only provide a verification letter stating employment status, rather than an actual job, leaving students at risk of immigration violations.

How Do Students Typically Fall for OPT Scams?

In the face of limited job prospects or time pressures, students can be vulnerable to deceitful or fraudulent companies that promise compliance with OPT requirements. These companies often attract students with claims of high-paying opportunities and assurances of “full OPT compliance.” To keep their status active, students may be persuaded to accept unpaid work or pay for a simple employment letter without real work, unknowingly placing themselves in non-compliance with OPT guidelines. These scams not only exploit students financially but also threaten their immigration status if uncovered.

The Consequences of Falling for OPT Scams

Working with a fraudulent employer can have serious consequences for F-1 students, the severity of which can vary depending on the specific circumstances of the case, such as the nature of the fraud and the student’s level of knowledge or involvement. U.S. Citizenship and Immigration Services (USCIS) and other immigration authorities actively investigate cases of OPT fraud. Students discovered to have worked with such companies may face:

• Loss of F-1 status: Engaging in unauthorized employment, which includes working for an employer who doesn’t comply with F-1 visa regulations, can lead to immediate termination of your F-1 status. This means you would be considered “out of status” and could face deportation.   
• Unlawful presence: Once you lose your F-1 status, you start accruing unlawful presence in the United States. This can have serious long-term consequences, including bars on re-entering the U.S. in the future.   
• Ineligibility for reinstatement: If your F-1 status is terminated due to unauthorized employment, you are generally not eligible to apply for reinstatement. This means you would have to leave the U.S. and reapply for a new visa from your home country.   
• Difficulties with future immigration applications: Having a history of fraudulent employment can jeopardize your eligibility for a green card other visas, such as H-1B, affecting long-term career plans in the U.S.
• Deportation and inadmissibility: Students can be deemed inadmissible, facing a potential years-long or permanent ban from re-entering the U.S.

These consequences underscore the importance of thoroughly vetting any potential employer and ensuring that the job meets all OPT and immigration guidelines.

How to Identify OPT Scams and Fraudulent Employers

To avoid falling prey to fraudulent employers, students should be alert for the following warning signs:

• The job is unpaid: If an employer offers only unpaid work during the STEM OPT period, this could indicate non-compliance.
• “Trainings” and limited working opportunities: Companies that only offer online “training” without actual work may not meet OPT requirements.
• Fees for placement services or letters: Legitimate employers should never ask students to pay for job placement or employment verification letters.

Below are resources you can use to help you identify OPT scams:

• Study in the States: This website, run by the Student and Exchange Visitor Program (SEVP), provides information on how to recognize the signs of a potentially fraudulent employer. 
• Your Designated School Official (DSO): Your DSO is a valuable resource for guidance on employment eligibility and can help you identify potential red flags.   
• Legal counsel: If you have concerns about a potential employer, you may choose to seek advice from an immigration attorney.

What to Do if You Are Affected by an OPT Scam

If you believe that you have been impacted by an OPT scam, consider taking the following steps to mitigate potential harm:

1. Stop interacting with the fraudulent employer: Cease all work and communication with them.
2. Gather documentation: Keep records of all communication, contracts, payment slips, or any other documents related to your employment with the fraudulent employer. This evidence will be crucial if you need to take legal action or report the scam.
3. Inform your DSO: Contact your DSO immediately. They can help you assess the situation and determine the best course of action to take to protect your F-1 status and explore potential solutions.
4. Report the scam to authorities: You can report the scam to the U.S. Immigration and Customs Enforcement (ICE) through the agency’s tip line: 1-866-DHS-2ICE or www.ICE.gov/tips.
5. Seek legal assistance: Consult an immigration lawyer to understand your options and address any issues proactively.

Bottom Line

OPT scams are a serious concern for F-1 students in the U.S. Seeking employment in a foreign country is already challenging, and scam employers only make it more difficult. By recognizing potential scams and knowing where to find support, students can protect their immigration status and lay the groundwork for a successful future.