F-1 OPT Student Trapped in Fraud: How to Exit Safely

Federal immigration officers have stepped up surprise checks on employers using F-1 OPT workers, launching unannounced visits and document reviews as part of a nationwide fraud crackdown that intensified this month. The push targets fake jobs, sham training plans, and unpaid or unrelated work.

Students on F-1 OPT and STEM OPT are feeling the pressure most, with some reporting early-morning site visits and sudden record requests. Investigators from USCIS, ICE, and the Fraud Detection and National Security Directorate (FDNS) are cross-checking payrolls and job duties against SEVIS entries to flag fraud schemes and non-compliance, according to attorneys and campus officials.

How the sweep works

Officials are using basic tools with strong effect:
– Payroll records
– Training plans (Form I-983 for STEM OPT)
– Supervisor interviews
– Bank statements, transcripts, job offers, and pay stubs

For STEM graduates, officers often request the Form I-983 training plan and speak with the named manager about day-to-day oversight. Investigators compare hiring lists against SEVIS records and verify that work is genuinely tied to the student’s field (for example, code commits for engineers or patient logs for health roles).

In several cases this fall, interviewers questioned placements that looked inconsistent with degree fields — e.g., software graduates assigned to sales roles, or multiple students listed as “working” from a single apartment. Those patterns typically draw follow-up visits.

“Employers can defend themselves by conducting internal audits, providing documentation of supervision and wages, retaining counsel, and cooperating with audits. Students, however, have fewer defenses once fraud is uncovered, especially if they remained at a fraudulent employer after becoming aware of the issue.”
— guidance circulating through university international offices

Recent enforcement examples

• In Northern Virginia, investigators examined small firms listing many OPT workers at residential addresses. Officers found locked doors, borrowed office space, or supervisors unable to explain training plans.
• In some locations, officers photographed equipment and work areas to test whether a real worksite existed.
• FDNS teams have begun re-interviewing supervisors months after initial checks to verify continued alignment with training plans.

Consequences for students and employers

Consequences can be swift and severe:
– SEVIS termination
– EAD revocation
– Loss of status and potential removal proceedings

A student found to have misrepresented facts may face permanent inadmissibility under INA § 212(a)(6)(C)(i). Only a narrow waiver can address that bar. The waiver process (filed on Form I-601) requires proof of extreme hardship to a qualifying U.S. relative—and it does not remove the fraud note from a file for future reviews.

Employers caught staging jobs may face fines and loss of E-Verify access. But students carry immediate exposure because their immigration status depends on the job being real and related to study.

Practical advice for students

If you suspect your employer is fraudulent, attorneys and campus officials recommend acting quickly:

1. Resign from the job if you believe it is fraudulent.
2. Save records: emails, chat logs, job descriptions, meeting notes, payroll, and payment receipts.
3. Inform your DSO immediately and report job changes within the required timeframe.
4. If contacted by investigators, do not guess or fill gaps in statements; consult counsel before providing sworn or detailed responses.

A legal expert summarized the common guidance:

“If you find yourself in a fraudulent employment situation, gather proof, leave the job, and inform your DSO immediately. Staying could risk deportation or criminal charges, even if you did not participate in the fraud.”

Documentation and timelines — what to keep and report

Campus officials stress a simple rule with a hard deadline: job changes or stops must be reported within 10 days so SEVIS remains accurate. Report the following:
– Employer name and address
– Job title
– A short explanation of how the work meets degree goals

Students should maintain copies of:
– All job-related documents
– Form I-983 (for STEM OPT) and the named supervisor’s contact information
– Payroll records, pay stubs, contracts, and meeting notes

DSOs note students who left risky jobs quickly and kept email evidence generally fared better in audits than those who stayed.

Red flags investigators watch

Investigators prioritize companies and situations that show these warning signs:
– Many OPT workers listed at one address
– Frequent address changes or recycled managers across entities
– Payment for “letters,” “project placements,” or training fees
– Offers promising “fast” hiring or “compliance services”
– Unpaid core duties or delayed pay while calling someone “full-time”

Federal agents often treat paid intermediaries or third-party “placement” services as fraud schemes. If such services drafted training plans or signed as supervisors without actually supervising, that weighs heavily in audits.

Wage and pay-practice reviews

Officers compare:
– Pay rates and hours vs. standard labor norms
– Job titles and actual duties
– Evidence of unpaid “training” periods or benching

Unpaid core duties or being pushed into unrelated side gigs can trigger SEVIS action because STEM OPT requires proper pay and supervision.

How employers and supervisors are evaluated

Investigators ask for:
– Proof of day-to-day work (code commits, patient logs, project briefs)
– Supervisor interviews confirming oversight
– Documentation of training and supervision matching the Form I-983

Officers have flagged training plans signed by HR staff who never met the student; that mismatch can invalidate otherwise acceptable records.

If a misrepresentation finding may be at issue

Experienced immigration counsel can explain waiver options, including the Form I-601 process if a misrepresentation bar applies. Remember:
– The waiver requires demonstrating extreme hardship to a qualifying relative
– It does not remove the fraud notation from immigration records

Support resources and contacts

• DHS resource on Optional Practical Training: Study in the States
• USCIS information and filing instructions for Form I-601: Form I-601
• Form I-983 template and guidance (ICE): Form I-983
• USCIS Contact Center: 1-800-375-5283
• ICE tip line: 1-866-347-2423
• Contact your DSO for campus-specific support and template letters confirming reported concerns and SEVIS updates

Key takeaways

• Keep records, report changes fast, and leave if something feels wrong.
• Organized files, accurate SEVIS updates, and real work tied to your degree typically withstand audits.
• The system aims to protect genuine students, but fraud findings carry severe, lasting consequences including deportation and inadmissibility bars.

For students and employers, the message is blunt and clear: maintain accurate documentation, act promptly on suspicious conduct, and consult your DSO or legal counsel if you face investigation or fear fraud.