(UNITED STATES) Federal immigration officials are stepping up scrutiny of Optional Practical Training employers after a spike in scams that lure F‑1 students into unpaid work or fake jobs, creating fresh fear around visa compliance and future benefits. Students on OPT and the STEM OPT extension say some companies promise placements, issue sham payrolls, or disappear without paying, leaving them unsure whether their hours “count” and whether their status is at risk. Authorities warn that employer fraud can trigger severe immigration consequences, including denials and potential bans, even when students believed they were following the rules.
Under federal rules, unpaid work can be allowed during the first 12 months of OPT if it’s directly related to a student’s major and follows labor laws. But experts emphasize that unpaid work generally is not allowed during STEM OPT, which requires a bona fide employer‑employee relationship and a formal training plan. A student who relies on sham placements, unrelated roles, or nonexistent supervision risks losing status when records don’t match reality.
According to analysis by VisaVerge.com, unpaid work tied to fake or thin job setups has become a key fault line in recent OPT reviews, with students often caught between immigration rules and labor violations by employers.
Enforcement actions intensify
USCIS and ICE have increased audits and site visits targeting fraudulent OPT and STEM OPT practices, focusing on patterns such as:
- Fake payrolls
- Non‑existent worksites
- Unrelated duties
- Missing or hollow training plans
Officials are flagging cases where an “employer” offers little or no real work, provides a generic letter to keep a student active in SEVIS, or charges placement fees. Students may feel safe because they have an offer letter or a pay stub, but investigators say false paperwork, shell companies, and coached job descriptions are common features of these scams. Students relying on them may face status loss when evidence of real supervision and training is absent.
A central compliance piece is the STEM training plan, filed on Form I-983. The plan must outline the learning goals, supervision, and evaluation for the role. Employers who can’t show how they train and oversee the student, or who farm students out without proper oversight, place the student at risk.
Students should ensure their Form I-983 is:
– Accurate
– Reflects day‑to‑day duties
– Updated promptly when duties, hours, or supervisors change
You can access the official Form I-983 on the U.S. government site here: Form I-983.
Investigators also report cases where agencies put students on “benching” arrangements—periods with no real work—while still listing them as employed. Other schemes include demands for fees for “H‑1B sponsorship consideration” or “exclusive client access,” while never providing payroll or proper training. Such practices can be both immigration noncompliance and violations of wage and hour laws.
Students experiencing unpaid work may:
– File wage claims with state labor departments
– Inform their Designated School Official (DSO) about employer changes or concerns
If an employer vanishes, students must update school records quickly and seek legitimate work to avoid status problems.
Common red flags and the rise of unpaid work panic
Students describe a recurring pattern: an upbeat recruiter promises a role “aligned to your major,” then pushes a contract that authorizes unpaid training for an undefined period. In other cases, the “employer” sends a letter stating remote duties but offers no supervisor interaction, no job tools, and no progress checks. Some agencies ask students to sign NDAs and then refuse to pay for actual hours worked. These are classic scam markers.
Watch for these warning signs:
– Placement fees or “security deposits” to start “training”
– Requests to fabricate job duties for SEVIS updates
– Offers of unpaid internships during STEM OPT
– No named supervisor, no training milestones, or vague job scope
– Fake pay stubs or “payroll to be finalized later”
– Pressure to accept a role unrelated to your degree
Officials stress that lack of pay is primarily a labor issue, but fraudulent placement becomes an immigration problem when employment is not real, not related to the field, or not supported by a valid training plan. Students on STEM OPT should treat any proposal of unpaid work as a serious risk.
Key takeaway: Real work, real training, real supervision. If those elements are missing, your immigration status and future benefits could be at stake.
What students should do now
Students caught in unpaid work or employer scams should act quickly. Recommended steps:
- Contact your DSO immediately to review your SEVIS record and confirm whether current “employment” meets OPT or STEM OPT rules. If not, update records right away and seek lawful employment that provides real training and supervision.
- Gather evidence: emails, timesheets, job postings, offer letters, pay stubs, and any signed agreements. This supports wage claims and future immigration filings.
- Consider legal advice if an employer refuses pay or threatens your status.
Key actions and reminders:
– Report any employment change within 10 days through your school channels.
– For STEM OPT, ensure your Form I-983 stays accurate and is updated when supervisors, duties, or locations change.
– Do not pay for job placement. Legitimate employers do not charge fees to hire you.
– Keep proof that your work relates to your field: offer letters, job descriptions, evaluations, and supervisor communications.
– File wage claims if you performed work without pay; unpaid work may be a labor violation even when immigration rules allow it under initial OPT.
For official policy details on STEM OPT, training plans, and employer duties, consult the government resource here: DHS Study in the States STEM OPT overview.
Practical tips for verifying employers
University career offices report a surge of students asking how to confirm an employer is legitimate. Practical checks include:
- Verifying a company’s registration and physical address
- Checking named leadership and online presence
- Researching complaints or reviews
- Confirming you will receive training and supervision
- Asking for a detailed job description tied to your degree
If presented with vague promises, shifting start dates, or requests to “backdate” paperwork, treat it as a serious warning sign.
Risks to employers and possible protections
Employers also face risk. Those who issue fake payroll, provide no real work, or ignore training obligations may trigger audits that harm future hiring. Schools can sever relationships with problem firms, and agencies can impose penalties.
Potential protections and improvements:
– Clearer training oversight by employers and schools
– Faster reporting tools for suspicious placements
– Tougher consequences for sham intermediaries
These measures would help protect international students and responsible employers alike.
Final guidance
Authorities are consistent: real work, real training, real supervision. For initial OPT, unpaid work may be allowed if it meets field‑related and labor law standards. For STEM OPT, unpaid work is largely off‑limits, and the training plan is central to compliance.
Students who follow these basics—and reject scams—protect both their careers and their future in the United States.
Frequently Asked Questions
This Article in a Nutshell
Federal immigration agencies have ramped up audits and site visits after an increase in employer fraud affecting OPT and STEM OPT students. Scams include fake payrolls, nonexistent worksites, unrelated job duties, and hollow Form I-983 training plans. While initial OPT may allow unpaid work if it is directly related to a student’s major and complies with labor laws, STEM OPT generally requires bona fide paid employment with documented supervision and training. Investigators warn that false paperwork or shell companies can produce severe immigration consequences. Students should report employment changes within 10 days, keep detailed records, file wage claims when appropriate, update Form I-983 promptly, and consult DSOs or legal counsel if employers disappear or refuse pay.
