Incomplete Immigration Applications Now Face Immediate Denial

Effective immediately as of August 5, 2026 (under Policy Alert PA-2026-05), USCIS has restored full discretion to its adjudicators to deny immigration benefit requests without first issuing a Request for Evidence (RFE) or a Notice of Intent to Deny (NOID). If your application is missing required initial evidence or fails to establish eligibility right out of the gate, officers can now reject it outright.

The End of the "Safety Net"

Previously, under Biden-era guidance, USCIS officers were generally instructed to issue an RFE or NOID if additional evidence could potentially demonstrate an applicant's eligibility. This served as a safety net, giving applicants a chance to fix a weak or incomplete filing before receiving a final decision.

Under the new August 2026 policy, that safety net is gone. Officers now have three options when reviewing a deficient filing:

• Deny the application for lack of required initial evidence.
• Deny the application because the record does not establish eligibility on its face.
• Issue an RFE or NOID (which is now completely at the officer's discretion, rather than the expectation).

Tighter Deadlines for RFEs and NOIDs

Even if an officer graciously decides to issue an RFE or NOID, the clock is ticking faster than before. The new policy introduces strictly curtailed response times.

Policy Area	Previous Policy (Pre-August 2026)	New Policy (Post-August 2026)
Incomplete Filings	Officers generally issued an RFE/NOID to allow applicants to cure deficiencies.	Officers have full discretion to deny outright without warning.
RFE Deadlines	12 weeks was generally the default response period.	12 weeks is now the absolute ceiling, not the default.
NOID Deadlines	30 days, plus an additional 14 days for international mailing.	Strictly capped at 30 days; the 14-day international allowance is eliminated.

Why Did USCIS Make This Change?

USCIS argues that the previous lenient approach encouraged "placeholder" or frivolous filings, which bogged down the system and increased processing times for everyone else. By allowing applicants to submit bare-bones applications, some individuals were able to improperly secure ancillary benefits—like employment authorization documents (EADs)—while their incomplete primary case sat in the backlog. However, while the policy aims to deter a small percentage of legally insufficient filings, it ultimately places all cases under the adjudicator's broad discretionary authority to deny incomplete applications.

Who is Most at Risk?

While this affects all benefit requests, certain demographics need to be hyper-vigilant:

• Laid-off H-1B Workers: Those trying to bridge their 60-day grace period by filing a Form I-539 for B-1/B-2 visitor status must clearly establish their temporary intent. Shaky or incomplete applications that might have previously triggered an RFE could now be immediately denied.
• F-1 Students & OPT Applicants: Strict adherence to document checklists is more critical than ever.

Additional Update: New DNA Testing Guidance

In a concurrent update released on the exact same day (Policy Alert PA-2026-06), USCIS also tightened its protocols regarding family-based applications.

When a benefit requestor fails to meet their burden to establish a claimed genetic relationship and additional evidence is needed, USCIS officers are now required to suggest Deoxyribonucleic Acid (DNA) testing as an optional form of evidence. This applies in cases where primary evidence is deemed unavailable, unreliable, or insufficient.

This specific update is designed to align with Section 9 of Executive Order 14165, Securing Our Borders, utilizing modern technology to verify familial relationships and superseding older, inconsistent guidance across different USCIS directorates.

The Takeaway: Get It Right the First Time

The era of submitting a partial application and waiting for USCIS to tell you what is missing is officially over. You should double- and triple-check every question and item in the application against USCIS regulations to ensure complete compliance. When in doubt, consult with a qualified immigration attorney to ensure your petition is airtight on day one.

(Immigration laws and policies change regularly.  If you have any questions regarding this article, please visit www.1visa1.com to schedule a legal consultation.)  

 

The Future of OPT: Are Sweeping Restrictions Throwing the Baby Out with the Bathwater?

For decades, the Optional Practical Training (OPT) program has served as the vital launchpad for international students transitioning from U.S. universities to the global workforce. However, the program currently stands at a critical crossroads. Recent high-profile federal crackdowns on fraudulent staffing consultancies and shell companies have provided policymakers with potent justification to push for a broader, more restrictive overhaul of the entire F-1 employment sytem.

While rooting out bad actors and upholding program integrity are important, the regulatory response signals a sweeping shift in how the U.S. manages international student labor. The overarching trend points toward a future of heightened scrutiny and restriction.

The Shifting Policy Landscape

Historically defined by its academic flexibility, the F-1 visa is increasingly being targeted for structural containment. Immigration officials have proposed to replace the flexible "duration of status" framework with rigid, fixed-term admission limits, alongside proposals to aggressively compress post-graduation grace periods.

Concurrently, critics on Capitol Hill frequently introduce measures aimed at scaling back or entirely sunsetting the OPT pathway. They frame the program as an uncapped backdoor labor pipeline that bypasses standard H-1B visa quotas. The overarching trajectory is unmistakable: a movement away from seamless post-study integration toward heavily monitored, short-term conditional stays.

Corporate America Pushes Back: Striving for Innovation

This tightening trend has triggered fierce resistance from the program's actual primary end-users: American mega-tech corporations and global financial institutions. Industry powerhouses like Amazon, Google, Microsoft, and major Wall Street firms rely heavily on the OPT and STEM OPT pipelines to source elite technical and analytical talent.

Unified corporate leaders argue that aggressive restrictions are economically self-sabotaging. As global competitors like Canada, Australia, and the UK actively liberalize their own post-study work visas to attract high-skilled graduates, American enterprises warn that squeezing the OPT pipeline does not protect domestic jobs—it simply offshores top-tier talent and innovation to rival economies.

The debate over the future of OPT requires an evaluation of what the nation stands to lose if policy overcorrects.  The current system already has safeguards in place, including I-9 employment eligibility compliance, mandatory E-Verify usage, heightened university reporting requirements, and site visits. By carefully enforcing the current requirements, the government has already uncovered fraud and caught many bad actors. 

OPT is fundamentally an engine of American competitiveness. Multi-billion-dollar enterprises like Sun Microsystems (co-founded by Andy Bechtolsheim) and internet infrastructure giant Cloudflare (co-founded by Michelle Zatlyn) were built by former international students who leveraged their F-1 pathways to found companies domestically rather than taking their expertise abroad. It is unwise to close the door on talented foreign students.

Looking Ahead

The future of the OPT program will almost certainly be defined by a much higher barrier to entry. Rigorous compliance, unannounced employer site visits, and intense vetting are the permanent new normal.

Yet, as regulatory authorities seek to fortify the system, they face a delicate balancing act. Using legitimate compliance concerns as justification to dismantle the primary pathway for global talent raises a critical question: are we throwing the baby out with the bathwater? Sacrificing the next generation of global innovators to close administrative loopholes risks dealing a lasting blow to American technological dominance.

(Immigration laws and policies change regularly.  If you have any questions regarding this article, please visit www.1visa1.com to schedule a legal consultation.)  

Nationwide ICE Crackdown on OPT Employment Fraud

For tens of thousands of international graduates on F-1 visas, the Optional Practical Training (OPT) program serves as a vital bridge from U.S. higher education to professional careers and potential H-1B sponsorship. However, federal authorities have announced a major nationwide crackdown on systemic abuse within the system. In a sharply worded press briefing, Acting Director of U.S. Immigration and Customs Enforcement (ICE) Todd M. Lyons labeled the OPT program a "magnet for fraud," revealing that investigators have flagged over 10,000 foreign students linked to highly suspect employers.

The Scale of the Investigation

According to ICE and Homeland Security Investigations (HSI), the 10,000 identified students are connected to just the top 25 OPT employers currently under review, suggesting these initial findings represent merely the "tip of the iceberg." On the other hand, ICE data shows that the top OPT employers in 2024 were mega firms such as Google, Meta, Apple, Walmart, Goldman Sachs, etc., suggesting that fraud may just be perpetrated by a by a small number of bad apples.  

Shell Companies and Phantom Workers

Federal agents launched coordinated, unannounced site visits across several states, including Texas, Virginia, Georgia, Illinois, New York, New Jersey, North Carolina, and Florida—including 18 worksite inspections in North Texas in a single week. They uncovered egregious compliance failures and organized operations designed to circumvent immigration laws such as empty buildings and locked doors. They also found discrepancies in the number OPT workers sponsored. 

Further, site staff were often unable to answer basic operational questions and referred investigators to HR personnel based in India. Agents also discovered instances where OPT participants were being supervised remotely from India—a direct violation of federal guidelines requiring U.S.-based oversight. Perhaps the most egregious violations is the establishment of networks of shell companies established by single operators sharing identical websites and job postings. These setups frequently facilitated illicit financial flows and "pay-to-stay" schemes, where students paid fraudulent staffing consultancies under the table to generate fake documentation and unlawfully maintain active visa status.

High Stakes for Students and Legitimate Employers

The crackdown carries severe ramifications, particularly for Indian nationals who make up the largest demographic cohort of OPT and STEM OPT participants. Because federal authorities are aggressively cross-referencing employment histories, students who associate with blacklisted or fraudulent consultancies face grave long-term risks. Consequences include immediate status termination, visa cancellation, detention, and deportation—even years later after an individual has successfully transitioned to an H-1B visa.

Legitimate employers utilizing the STEM OPT program also face a much higher bar for compliance. Companies must be prepared for rigorous, unannounced site visits by ensuring strict adherence to E-Verify rules, maintaining up-to-date Form I-983 training plans, and guaranteeing direct, bona fide training relationships rather than farming out labor to unverified third-party client sites.

Tough Road Ahead

As immigration authorities signal that further enforcement actions and criminal prosecutions are forthcoming, the landscape for international student employment has fundamentally shifted. For F-1 students, conducting thorough due diligence to avoid illegitimate body shops and staffing consultancies is no longer just a best practice—it is an absolute necessity to safeguard their legal standing and future careers.

(Immigration laws and policies change regularly.  If you have any questions regarding this article, please visit www.1visa1.com to schedule a legal consultation.)  

The F-1 Optional Practical Training Program is in Jeopardy

 

In his confirmation hearing before the Senate Judiciary Committee, Joseph Edlow, President Trump’s nominee to lead U.S. Citizenship and Immigration Services (USCIS), declared his intention to terminate the Optional Practical Training (OPT) program, a move that has sent shockwaves through the higher education and immigration communities.

At the hearing, when questioned by a Senator about his view of the OPT program, Mr. Edlow said he believed the way that OPT has been handled over the past four yours (based on certain D.C. Circuit Court decisions) has been a problem in terms of misapplication of the law.  He said: "What I want to see would be essentially a regulatory and sub-regulatory program that would allow us to remove the ability for employment authorizations for F-1 students beyond the time that they are in school.”

His statement has been interpreted to mean that, as USCIS Director, he would cancel F-1 students' OPT Optional Practical Program.   

Potential Ramifications of Edlow’s Policy

According to the Institute of International Education, there are 163,452 international students engaged in post-completion OPT and 79,330 were in STEM OPT for fiscal year 2023 to 2024. 

If Edlow were to follow through with terminating OPT, the impacts would be immediate and far-reaching.  Many thousands of international students—especially from India and China—could be forced to leave the U.S. immediately after graduation, upending their career plans and financial investments in U.S. education.  

There would also be a major impact on U.S. Universities too. OPT is a major incentive for international enrollment. Removing it would diminish the appeal of American education, likely leading to a sharp decline in international student enrollment, and associated tuition revenue losses. 

Elimination of OPT would also affect  the U.S. workforce and economy. Many tech companies and research labs rely on OPT participants. Ending the program could worsen talent shortages, particularly in AI, biotech, and semiconductor sectors. In fact many startup founders began on OPT or similar pathways. Finally, OPT fosters cultural exchange and global collaboration. Its elimination could further isolate the U.S. academically and diplomatically.

Arguments Against OPT

Critics believe  OPT displaces U.S. graduates. Such a claim is not supported by evidence. The United States has lagged behind in STEM education for many years, creating a talent gap in the tech sector that is increasingly filled by skilled foreign workers. There are also concerns of fraud. It is true that there have been cases of fake employment to maintain OPT status. The issue should be addressed by regulatory reform rather than a complete elimination of the OPT program.

Conclusion

Joseph Edlow’s comments mark the strongest executive-level threat yet to the OPT program. Whether or not he follows through will depend on legal authority, public reaction, and potential lawsuits.  But one thing is clear: the future of international education in America is at a critical crossroads. The end of OPT wouldn’t just affect students—it would reverberate across U.S. education, labor, and innovation ecosystems.  

(Immigration laws and policies change regularly.  If you have any questions regarding this article, please visit www.1visa1.com to schedule a legal consultation.)  

Premium Services for OPT and STEM OPT I-765

 

By Paul Szeto LLC

For the first time ever, USCIS will allow F-1 students to file their OPT and STEM OPT employment authorization applications using Premium Processing Service for the following categories:

• (c)(3)(A) – Pre-Completion OPT;
• (c)(3)(B) – Post-Completion OPT; and
• (c)(3)(C) – 24-Month Extension of OPT for STEM students.

The specific timetable is as follows:

1) Beginning March 6, 2023:   F-1 students will be allowed to upgrade pending Form I-765s (Applications for Employment Authorization) to Premium Processing Services via Form I-907 (Request for Premium Processing Service).

2) Beginning April 3, 2023:  F-1 students will be allowed to use Premium Processing Service when filing a new I-765 applications. 

USCIS will reject applications if they do not follow the above timeline. 

Applicants may submit the applications online or by mail. An online myUSCIS.gov account is required for online filing.  

F-1 students are reminded that they must follow the filing instructions and legal requirements to avoid delay or rejections.

(Immigration laws and policies change regularly.  If you have any questions regarding this article, please visit www.1visa1.com to schedule a legal consultation.)  

Survival Guide for Laid off Foreign Workers

 

Meta has just announced a layoff of 11,000 or 13% of their employees.   Elon Musk laid off 50% of twitter's workforce after buying the company.  Salesforce laid off 50% of its employees in the summer. And the list goes on. These are just some examples of the massive layoffs announced by U.S. companies, especially the big tech firms, in the past year. For foreign workers, getting the pink slip does not only mean loss of employment, but it could also mean loss of their immigration status and/or sponsorship for their green card.

Preparation is the Key

The prospects of an economic recession are high, given the U.S. Federal Reserve's determination to curb inflation by sharply increasing benchmark interest rates.  As a result, many companies are scaling back hiring and reducing the size of their workforce. Nobody is safe. It is very important that foreign workers are prepared in advance for a sudden loss of employment. Time is your best friend. For example, H-1B employees generally have up to 60 days of grace to stay in the U.S. or look for new employment before they'll lose their status due to termination of employment.  In fact, if you sense that layoffs are coming your way, you should start looking for a new job right now! The following are some additional issues that you should consider.

Preserving H-1B, F-1, and Other Nonimmigrant Status 

First and foremost, you should try to preserve your legal status in the U.S., as failure to maintain one's nonimmigrant status may result in denial of future applications for status change or extension. For F-1 students who are working based on OPT practical training work authorization, they have to watch out for the 90-day or 150-day allowance of unemployment.  Fortunately, volunteer work or even self-employment is allowed for the initial OPT period.  For STEM OPT employment, it must be paid and sponsored by an eVerified employer.  

As mentioned, foreign nationals holding E-1, E-2, E-3, H-1B, H-1B1, L-1, and TN classifications are entitled to a one-time grace period of up to 60 consecutive days, or until the end of the status validity period, whichever is shorter.  That means if your H-1B I-94 expires on 09/30, and you lose your job on 08/31, you only have 30 days of grace period.  Companies usually do not hire new employees during the holiday season. Hence, it could be challenging for foreign workers to secure new employment towards the end of the year.  As to be discussed below, there are other options to preserve one's status.

Saving the Green Card Application

For some laid off employees, their employers may have already begun the green card application for them.  If so, they have more to consider.  Depending on how far the application process is, they may or may not be able to keep the application for permanent residency.  For example, if they have already submitted the I-485 adjustment application, it may be possible for a new employer to take over the application.  However, if their employer was still processing the PERM labor application, they would have to start the whole process again through another employer.  In some situations, laid off employees may be able to keep the priority date of the first case after the approval of their I-140 visa petition. Larger companies usually offer a severance package to laid off employees. Foreign workers should keep these issues in mind when they negotiate severance terms with their employer. It is generally a good idea to retain their own attorney to make sure that their interests are represented.

Other Options

As discussed, one should try her best to keep her lawful status in the U.S.  What if there isn't enough time to find a new job? There are other options one may consider. If the laid off worker has a spouse who has his own status such as H-1B or F-1, changing into a dependent status such as H-4 or F-2 is an option.  

One may also consider changing into another nonimmigrant status temporarily to avoid a lapse of her status. For example, an F-1 student may extend their student status by enrolling with a new academic program.  Each visa classification has its own requirements and pitfalls, one must consider carefully before taking actions. Otherwise, it could make things worse.  Finally, if there is nothing else that can be done to stay in the U.S. legally, a laid off foreign worker should timely depart the U.S. to avoid remaining in the country illegally. With a clean immigration record, a foreign worker can always apply for a new visa to return in the future.

Summary

Massive job cuts are underway. Foreign workers should get ready for any sudden termination or changes of their employment. Timing is critical. Advanced preparation and correct information regarding all available options can help them ride out the storm.  

(Immigration laws and policies change regularly.  If you have any questions regarding this article, please visit www.1visa1.com to schedule a legal consultation.)  

Hope for some Findream Cases

Findream LLC was a California company that was prosecuted for committing visa fraud in 2019.  Specifically, the owner of the company issued sponsorship documents to help F-1 foreign students to apply for employment authorization through the Optional Practical Training (OPT), STEM OPT, and also the H-1B professional work visa programs.  The owner of Findream was sentenced to 37 months in federal prison for conspiracy to commit visa fraud. 

Since then, many international students also had their status or visas cancelled on account of their involvement of Findream or Sinocontech LLC, a related company.  The most frequent occurrence was when they travel internationally, either leaving the U.S. or returning.  They would be questioned by the CBP (Customs and Border Patrol) officers at the airport about their previous OPT employment.  Typically, after extensive questioning a statement is prepared.  They would be asked to review the statement and sign it. Depending on the situation, they could be denied entry into the U.S. and/or have their visas cancelled by the officers. Sometimes, the officer would give them a warning that they would not be able to return to the U.S. again.

The problem can also surface when an F-1 student applies a visa from an American Consulate, their visa application could be rejected because of their involvement with Findream or similar illegitimate companies.  In some cases, even after their visas have been approved, students may receive a phone call from the Consulate informing them that the approval was revoked.  

Does that mean any involvement with Findream or similar companies would lead to visa denials and deportation?  Based on our firm's experience, the answer depends on the particular student's situation.  There is no blanket rule that every student who has been involved with Findream or other similar organizations will automatically be denied a visa or a green card.  

Within the U.S., before making a decision, the Department of Homeland Security (DHS) officers would study the facts of the case, review the documents and evidence, interview the student, and also give the student a fair opportunity to explain his situation. For example, if a student's involvement with such organizations was short and unintentional, and she took actions to remedy the situation as soon as possible (e.g., by looking for other employment), there is a chance that her adjustment or other status application will be approved.  On the other hand, if a student relies on the same questionable organization for employment sponsorship for a long period of time, and for different programs (OPT, STEM OPT, H-1B), it would be extremely difficult to argue that the student's involvement was unintentional. 

Many F-1 students stumbled into Findream and other fraudulent organizations out of desperation or ignorance. As newcomers to the United States, their OPT employment is often their first job here.  It is understandable how they may fall prey to certain unscrupulous employers. The important thing is to try to take actions to correct their mistakes as soon as possible. The immigration officers have some discretionary power to overlook certain violations, but the applicant must demonstrate through their actions and candor that they deserve such a break. 

(Immigration laws and policies change regularly.  If you have any questions regarding this article, please visit www.1visa1.com to schedule legal consultation.) 

Ripple Effect of Findream on Foreign Students

On June 26, 2020, the owner of Findream LLC and Sinocontech LLC, Weiyun "Kelly" Huang, was sentenced to 37 months in federal prison for conspiracy to commit visa fraud. These two companies provided bogus employment verification records for foreign students to extend their stay in the U.S. on F-1 and H-1B status. ICE reported that there were at least 2,686 international students involved in this matter.

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The sentencing of Kelly Huang is not the end of the story. It has created a ripple effect on all foreign nationals that have ever received an offer letter and/or employment verification document from Findream or Sinocontech for the purpose of bridging their OPT or STEM OPT unemployment period. 

These foreign nationals, many in F-1 or H-1B status, are also worried about whether any further actions will be taken by the DHS. As of now, there is no indication that DHS will be rounding up  these non-immigrant visa holders as they did in the UNNJ (University of North New Jersey) operation. Still, the Findream/Sinocontech issue has surfaced on a few different occasions, showing that it is not going away any time soon. 

The most common situation is the Request For Evidence (RFE). Foreign nationals who have a connection with these two sham companies have been cornered by RFEs during their change of status, H-1B extension/transfer, or even adjustment of status applications. These RFEs focus on the applicant's failure to maintain his/her status. Some of them even bring up the issue of misrepresentation. If an applicant has ever procured immigration benefits by misrepresentation, he/she is subject to a ground of admissibility. Their ability to enter the U.S. or apply for a Green Card will be impaired. Applicants in the U.S. may even be placed in removal proceedings.

There are also reports of Chinese students that were sponsored by Findream for OPT employment being stopped and removed by Customs and Border Protection (CBP) officers upon their return from overseas travel. Some students or workers do not even make it to a U.S. airport, having been informed that their visa had been revoked before they could board the plane. 

There are different ways to deal with this issue depending on the individual situation and plans. If an international student or foreign worker has strong evidence to prove that he/she did not have the intention to defraud the government, he/she may try to contest any fraud charge. There is a waiver available to those who can establish that their deportation will result in extreme hardship to their U.S. citizen or legal resident spouse or parent. Some others may choose to depart the U.S. to avoid an adverse finding by DHS and accrual of unlawful presence. However, given the current pandemic situation and travel bans, it may not be easy for students to go back to their home country.

Before making any decisions, we suggest that international students and foreign workers first consult with an experienced immigration lawyer to explore their options.  One person's solution may not work for another. 

(Immigration laws and policies change regularly.  If you have any questions regarding this article, please visit www.1visa1.com to schedule legal consultation.) 

F-1 OPT Students Reminded to Enter Employer Information in SEVIS

ICE reminds F-1 students participating in OPT employment to enter their employment information in the Student and Exchange Visitor Information System (SEVIS) to avoid technical violations of their visa status.

F-1 students are required to provide their employment information on SEVIS including the name and address of the employer and dates of employment. The regulations  require them to inform their Designated School Officer (DSO) within 10 days of any changes to their personal or employment information. DSOs are required to update SEVIS with the student's updates within 21 days.  

F-1 students may directly update their employment information on the Student and Exchange Visitor Program (SEVP) Portal. 

If a student has exceeded the unemployment limits under the OPT program, his/her status will be "terminated" in SEVIS.  USCIS will also revoke their employment authorization.  Failure to maintain one's lawful F-1 status will have severe consequences.  For example, the student will not be able to change to another visa status such as H-1B in the future.

The following are the limits of employment for F-1 OPT programs:

1) Post-completion OPT: Maximum of 90 days.

2) STEM OPT:  Maximum of 150 days, including any days accrued during regular OPT employment.

(Immigration laws and policies change regularly.  If you have any questions regarding this article, please visit www.1visa1.com to schedule legal consultation.) 

DHS Memo reinforces that OPT jobs must be related to studies

Many foreign students participate in the Student and Exchange Visitor Program (SEVP). As part of the program, students are authorized to work under Optional Practical Training (OPT) in a field related to their studies.

The Department of Homeland Security (DHS) recently published a memo regarding the OPT program clarifying the employment process.

First and foremost, employment must match the student's field of study.  OPT employment must also be approved by the Designated School Official (DSO). However, students are not required to have a job offer before starting the process of gaining DSO approval and applying for the related Employment Authorization Document (EAD). This may seem counter-intuitive, but it prevents complications, e.g. students and employers waiting for approval to start work only to receive a denial. 

Some jobs may initially seem unrelated to the student's field. DHS gives the example of a musician working at a restaurant. The connection is clear once we learn that the job is to perform music in the restaurant.

The way DHS ensures that the OPT employment is related to the student's field is by requiring a brief written explanation from the student. It is to be provided to the SEVIS website by the student or through his/her DSO. The explanation must include: job title, employer name, major area of study, if the job is full-time or a specified average number of hours per week, and the explanation of the job's regular duties and how they relate to the student's studies.

The process is similar for post-completion OPT and the extension OPT for STEM students. The DSO has the role of approving OPT employment and informing the student to only take on jobs directly related to their studies.  STEM OPT applicants must provide their DSO with a completed and signed Form I-983 Training Plan for STEM OPT students.

Failure to comply with these rules can render a student out of status and affect any future applications.

Illegal OPT Employment with Sham Companies: Findream LLC

Many people have heard about Findream LLC - a Californian company that was recently shut down by the government for visa fraud.  The people involved were arrested and prosecuted. Why was this company busted? This is because it helped F-1 students illegally maintain their OPT status through fake employment.

Students on regular post-completion OPT are only allowed to be unemployed for 90 days. Students with an approved 24-month extension will be entitled to another 60 days of unemployment time for a total of 150 days over the entire period of post-completion OPT. Their SEVIS records will be automatically terminated once the authorized unemployment period has run. Therefore, students need an employer and a job to maintain their status.

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It is not easy to find a job, especially when the clock is ticking. Some students may just stop looking for the perfect job and accept offers for not very desirable or non-paying position to keep themselves from going out of status. Others may turn to companies, like Findream LLC in Silicon Valley, that can "help" them maintain their F-1 status. By claiming these companies as their employers, the students affiliate themselves with such companies for the sole purpose of maintaining legal status.

Many students learn of these companies through friends and website advertisements. It is a bad idea to establish an "employment" relationship with such company. These companies are shams and their employments are illegal. "Employees" of these companies do not need to go to work at all. The company will not pay them, yet will provide documents such as pay stubs and work records for students to prove their status. In fact, it is the students who need to pay the "employer" to get offer letters and sometimes employment verification letters.

Some students may not understand the seriousness of using these sham companies to maintain their status. Being "employed" by these companies is a violation of a student's F-1 status. In the meantime, being involved in these OPT "employment" constitute a willful misrepresentation of a material fact. Even though USCIS has not yet actively taken actions to charge the student "employees", these violations are ticking time bombs. They may cause challenges and denials to a student's future applications for immigration benefits, such as H-1B, green card, and even naturalization. Once a student is found guilty of visa fraud, it becomes permanent in their lifetime immigration record.

There are alternatives for F-1 students to maintain their valid status through employment. Post-completion OPT students may consider taking offers from a smaller company, taking up volunteer positions, or working for their school or professors. Students may even start their own business to employ themselves. Of course, their self-owned enterprises need to be legitimate. USCIS scrutinizes STEM OPT with a stricter standard. However, it is more of a reason that they must take the legal way.

After Findream, some students might panic because they previously used or still using these sham companies, while some students are still actively looking for such companies to bridge their status. It is not wise to continue further connection with these fraudulent companies. We suggest that students immediately dissociate from them and talk to an experienced immigration lawyer if they have concerns about their employment history and immigration status.


1/9/2020 update: 

The owner of Findream LLC and Sinocontech LLC pled guilty to conspiracy to commit visa fraud on 12/29/2019 in Chicago. 

There are also reports that foreign (Chinese) students who were sponsored by Findream for OPT employment before were stopped and removed by Customs and Border Protection officers upon their return from overseas travel. 

(Immigration laws and policies change regularly.  If you have any questions regarding this article, please visit www.1visa1.com to schedule legal consultation.) 

Tremendous Growth in International Students' Practical Training Program

What do Amazon, Google, Microsoft and Apple have in Common? Other than being the world's largest business enterprises, they also share a passion for the world's top tech talent.

Immigration and Customs Enforcement (ICE), a branch of Homeland Security, has recently published data on Top 200 Employers for STEM OPT and the yearly approved authorization growth of the OPT, STEM OPT, and CPT programs. Unsurprisingly, big names like Amazon, Google, Microsoft, and Apple top the list. Amazon is #1, with 2,953 tech-savvy students employed in STEM OPT in 2017 alone. Numerous universities are on the list, employing as many as 511 students (Massachusetts Institute of Technology) for STEM OPT. Many companies in IT and consulting can also be found on the list.

OPT refers to Optional Practical Training, a program that allows international students one year of authorized status working for an American company in their field to gain real world experience. Typically holders of the F-1 student visa, these students may engage in OPT employment before or after graduation from an academic program in the undergraduate (bachelor's) or graduate level. Curricular Practical Training (CPT) occurs as part of a student's course of study and may count toward the one-year OPT period. STEM OPT refers to Science, Technology, Engineering, and Mathematics OPT, a 2 year OPT extension available for certain STEM fields such as mathematics, engineering and computer science. 

The practical training programs have had a substantial increase in participants over the last ten years.  ICE's data includes Top 200 Employers for STEM OPT students from 2008-2017. OPT authorizations have grown about 2.5 times from 83,077 authorizations in 2007 to 219,635 in 2017. Since its creation in 2008, STEM OPT has seen immense growth from 2,169 authorizations to 60,410 in 2017. CPT participants have more than doubled over the past decade. 

figure 1 - Source: ICE website

Practical training is clearly a very popular option for foreign students. Last year, a total of 328,205 students have been authorized for OPT, 89,839 for STEM OPT, and 105,351 for CPT (see table). This growth will most likely continue, although the Trump administration is working on revamping the STEM OPT program and possibly curbing its availability.  

OPT Terminated If Student Changes School or Starts New Study Program

USCIS issued a reminder to F-1 foreign students that their OPT may end under two conditions. First, if they transfer to another school to study, their OPT will terminate.  Second, if they begin a study program at another educational level, then their OPT will also terminate.  The general rule is that a foreign student may only obtain one OPT employment for each educational level. For example, when a student completed her bachelor's degree, she is entitled to 12 months of OPT employment.  She must complete a new academic program (e.g., a master's degree) before she may apply for OPT employment again.   However, this policy should not stop foreign students from pursuing a higher degree if it makes sense to do so otherwise.

USCIS Reminds Individuals Affected by Hurricane Sandy of Temporary Immigration Relief Measures

U.S. Citizenship and Immigration Services (USCIS) reminds customers affected by Hurricane Sandy of certain U.S. immigration benefits or relief that may be available to them.

USCIS understands that a natural disaster can affect an individual’s ability to maintain lawful immigration status or obtain certain other immigration benefits. Eligible individuals may request or apply for temporary relief measures, including:

• A change or extension of nonimmigrant status for an individual currently in the United States, even when the request is filed after the authorized period of admission has expired;
• Extension or re-parole of individuals previously granted parole by USCIS;
• Expedited adjudication of off-campus employment authorization applications for F-1 students experiencing severe economic hardship;
• Expedited adjudication of employment authorization applications; and
• Assistance to Legal Permanent Residents (LPR) stranded overseas without immigration or travel documents, such as Permanent Resident Cards (Green Cards). USCIS and the Department of State will coordinate on these matters when LPRs are stranded in places that do not have a local USCIS office.

Where appropriate, USCIS may exercise its discretion to allow for delays in filing resulting from the hurricane. This may include, for example: 

• Assistance to those who have not appeared for an interview or submitted required forms of evidence. You may show how the disrupting event affected your connection to USCIS and your ability to appear or submit documents as required; and
• Assistance to those who have not been able to respond to Requests For Evidence (RFEs) or Notices of Intent to Deny (NOID). USCIS will extend the deadline for individuals to respond to RFEs or NOIDs by 30 days. This will apply to all RFEs and NOIDs with a deadline of October 26 through November 26, 2012. During this time, USCIS will not issue denials based on abandonment of an application or petition.

Visitors traveling under the Visa Waiver Program may visit a local USCIS office for assistance. Please check whether your local USCIS office is open before going. Individuals affected by the hurricane who are at a U.S. airport may contact the nearest U.S. Customs and Border Protection office for assistance.

For more information on USCIS humanitarian programs, visit www.uscis.gov or call the National Customer Service Center at 1-800-375-5283. Hearing-impaired persons can call 1-800-767-1833.

Please check back at www.uscis.gov for any additional information that may follow.

 (Source: USCIS.gov)

Last updated:11/02/2012

Ten things employers and recruiters should know to avoid discriminatory practices

Recently, there has been news reports about how some online employment advertisements discriminate against U.S. workers by focusing on foreign workers in OPT/CPT or H-1B status. These are mostly information technology jobs posted by IT consulting firms and recruiters.  In light of the shortage of qualified high-tech U.S. workers, these employers and recruiters try to lure foreign skilled workers by offering them OPT/CPT or H-1B employment.  However, in doing so, they could be accused of engaging in discriminatory practices against U.S. workers.  Similarly, it is also possible for employers to post help wanted ads that discriminate against workers who are not U.S. citizens and legal residents.  The following are ten things that employers and recruiters should pay attention to in order to avoid violation of the law. 

1) In general, treat work-authorized job applicants equally in recruiting and hiring without regard to their citizenship status or national origin unless required by law.

2) Understand that in addition to U.S. citizens and legal residents, there are many classes of immigrants who are authorized to work in the United States.  For example, individuals with employment authorization documents (EAD) are authorized by the DHS to work.

3) If a certain position requires a specific citizenship status (i.e., U.S. citizen), carefully

review the legal support for such a requirement (i.e., law, regulation, government contract,

etc.) before posting the job advertisement.

4)  If not legally required, avoid unjustified discriminatory language against U.S. citizens in job postings, such as the "H-1Bs Only," “OPT Candidates Only/Preferred,” etc. 

5) If not legally required, avoid unjustified discriminatory language against non U.S. citizens/legal residents in job postings, such as the "Only U.S. Citizens", "Citizenship requirement", "Only U.S. Citizens or Green Card Holders", "Must have a U.S. Passport", "Must have a green card", etc. 

6) Avoid asking for I-9 qualifying identification required at time of application.  Employees have three days to produce such documents after starting work.

7) Avoid job requirements related to an individual’s national origin (i.e., language fluency requirements) unless they are necessary to perform the job effectively.

8) When completing the I-9 form for new hires, employers must accept any acceptable qualifying documents.

9) Ensure that all individuals involved in hiring and recruiting are familiar with equal employment opportunity laws.

10) Avoid asking for unnecessary personal information such as marital status and religious beliefs unless the information is needed for the performance of the job duties.

These guidelines are recommended by the U.S. Department of Justice’s Office of Special Counsel and should be followed by employers to avoid violation of the laws.

H-1B Cap-Gap Relief for FY2013

(The USCIS released the following Q&As on H-1B Cap-Gap Relief for FY2013 on 03/29/2012.)


Extension of Post-Completion Optional Practical Training (OPT) and F-1 Status for Eligible Students under the H-1B Cap-Gap Regulations -- Questions and Answers

Introduction

These Questions & Answers address the automatic extension of F-1 student status in the United States for certain students with pending or approved H-1B petitions (indicating a request for change of status from F-1 to H-1B) for an employment start date of October 1, 2012 under the Fiscal Year (FY) 2013 H-1B cap.

Questions & Answers

Q1. What is “Cap-Gap”?

A1. Current regulations allow certain students with pending or approved H-1B petitions to remain in F-1 status during the period of time when an F-1 student’s status and work authorization would otherwise expire through the start date of their approved H-1B employment period.  This is referred to as filling the “cap-gap,” meaning the regulations provide a way of filling the “gap” between the end of F-1 status and the beginning of H-1B status that might otherwise occur if F-1 status is not extended for qualifying students. 

Q2. How does “Cap-Gap” Occur?

A2. An employer may not file, and USCIS may not accept, an H-1B petition submitted more than six months in advance of the date of actual need for the beneficiary’s services or training.  As a result, the earliest date that an employer can file an FY 2013 H-1B cap-subject petition is April 2, 2012 for employment starting not before October 1, 2012.  If USCIS approves the H-1B petition and the accompanying change of status request, the earliest date that the student may start the approved H-1B employment is October 1, 2012.  Consequently, F-1 students whose periods of authorized stay expire before October 1, 2012, and who do not qualify for a cap-gap extension, are required to leave the United States, apply for an H-1B visa at a consular post abroad, and then seek readmission to the United States in H-1B status, for the dates reflected on the approved H-1B petition. 

Q3. Which petitions and beneficiaries qualify for a cap-gap extension?  

A3. H-1B petitions that are timely filed on behalf of an eligible F-1 student and request a change of status to H-1B on October 1, 2012 qualify for a cap-gap extension. 

Timely filed means that the H-1B petition (indicating change of status rather than consular processing) was filed during the H-1B acceptance period, which begins Monday April 2, 2012, while the student's authorized F-1 duration of status (D/S) admission was still in effect (including any period of time during the academic course of study, any authorized periods of post-completion Optional Practical Training (OPT), and the 60-day departure preparation period, commonly known as the “grace period”).

Once a timely filed request to change status to H-1B on October 1, 2012 has been made, the automatic cap-gap extension will begin and will continue until the H-1B petition adjudication process has been completed.  If the student’s H-1B petition is selected and approved, the student’s extension will continue through September 30, 2012 unless the petition is denied, withdrawn, or revoked.  If the student’s H-1B petition is not selected, the student will have the standard 60-day grace period from the date of the rejection notice or their program end date, whichever is later, to prepare for and depart the United States. 

Students are strongly encouraged to stay in close communication with their petitioning employer during the cap-gap extension period for status updates on the H-1B petition processing. 

Q4. How does a student covered under the cap-gap extension obtain proof of continuing status? 

A4. The student should go to their Designated School Official (DSO) with evidence of a timely filed H-1B petition (indicating a request for change of status rather than for consular processing), such as a copy of the petition and a FedEx, UPS, or USPS Express/certified mail receipt.  The student’s DSO will issue a preliminary cap-gap I-20 showing an extension until June 1, 2012. 

If the H-1B petition is selected for adjudication, the student should return to his or her DSO with a copy of the petitioning employer’s Form I-797, Notice of Action, with a valid receipt number, indicating that the petition was filed and accepted.  The student’s DSO will issue a new cap-gap I-20 indicating the continued extension of F-1 status.  

Q5. Is a student who becomes eligible for an automatic cap-gap extension of status and employment authorization, but whose H-1B petition is subsequently rejected, denied or revoked, still allowed the 60-day grace period?

A5. If USCIS denies, rejects, or revokes an H-1B petition filed on behalf of an F-1 student covered by the automatic cap-gap extension of status, the student will have the standard 60-day grace period (from the date of the notification of the denial, rejection, or revocation of the petition) before he or she is required to depart the United States.

For denied cases, it should be noted that the 60-day grace period does not apply to an F-1 student whose accompanying change of status request is denied due to the discovery of a status violation.  The student in this situation is not eligible for the automatic cap-gap extension of status or the 60-day grace period.  Similarly, the 60-day grace period and automatic cap-gap extension of status would not apply to the case of a student whose petition was revoked based on a finding of fraud or misrepresentation discovered following approval.  In both of these instances, the student would be required to leave the United States immediately.

Q6. May students travel outside the United States during a cap-gap extension period and return in F-1 status? 

A6. No. A student granted a cap-gap extension who elects to travel outside the United States during the cap-gap extension period will not be able to return in F-1 status.  The student will need to apply for an H-1B visa at a consular post abroad prior to returning.  As the H-1B petition is for an October 1, 2012 start date, the student should be prepared to adjust his or her travel plans, accordingly.

Q7. What if a student’s post-completion OPT has expired and the student is in a valid grace period when an H-1B cap-subject petition is filed on their behalf?  It appears that F-1 status would be extended, but would OPT also be extended? 

A7. F-1 students who have entered the 60-day grace period are not employment-authorized.  Consequently, if an H-1B cap-subject petition is filed on the behalf of a student who has entered the 60-day grace period, the student will receive the automatic cap-gap extension of his or her F-1 status, but will not become employment-authorized (since the student was not employment-authorized at the time H-1B petition was filed, there is no employment authorization to be extended).   

Q8. Do the limits on unemployment time apply to students with a cap-gap extension?

A8:  Yes.  The 90-day limitation on unemployment during the initial post-completion OPT authorization continues during the cap-gap extension.

Q9. What is a STEM OPT extension? 

A9. F-1 students who receive science, technology, engineering, and mathematics (STEM) degrees included on the STEM Designated Degree Program List, are employed by employers enrolled in E-Verify, and who have received an initial grant of post-completion OPT employment authorization related to such a degree, may apply for a 17-month extension of this authorization.  F-1 students may obtain additional information about STEM OPT extensions on the Student and Exchange Visitor Program website at www.ice.gov/sevis.

Q10. May a student eligible for a cap-gap extension of post-completion OPT employment authorization and F-1 status apply for a STEM OPT extension while he or she is in the cap-gap extension period? 

A10. Yes.  However, such application may not be made once the cap-gap extension period is terminated (e.g., if the H-1B petition is rejected, denied, or revoked), and the student has entered the 60-day departure preparation period.

Q11. In recent years, employers have been able to file H-1B cap-subject petitions after April 1, and have not always requested an October 1 start date.  However, some students’ OPT end dates were nevertheless shortened to September 30, even though their H-1B employment would not begin until a later date.  What should the student do to correct this?

A11. The student should contact their DSO.  The DSO may request a data fix in SEVIS by contacting the SEVIS helpdesk. 

Q12. If the student finds a new H-1B job, can he or she continue working with his/her approved EAD while the data fix in SEVIS is pending?

A12. Yes, if the (former) H-1B employer timely withdrew the H-1B petition and the following conditions are true:

§  the student finds employment appropriate to his or her OPT;

§  the period of OPT is unexpired; and

§  the DSO has requested a data fix in SEVIS. 

Note: If the student had to file Form I-539 to request reinstatement to F-1 student status, the student may not work or attend classes until the reinstatement is approved.  

Q13. If the student has an approved H-1B petition and change of status, but is laid off/terminated by the H-1B employer before the effective date, and the student has an unexpired EAD issued for post-completion OPT, can the student retrieve any unused OPT?

A13.Yes.  The student will remain in student status and can continue working OPT using the unexpired EAD until the H-1B change of status goes into effect.  The student also needs to make sure that USCIS receives a withdrawal request from the petitioner before the H-1B change of status effective date.  This will prevent the student from changing to H-1B status.  Once the petition has been revoked, the student must provide their DSO with a copy of the USCIS acknowledgement of withdrawal (i.e., the notice of revocation). The DSO may then request a data fix in SEVIS, to prevent the student from being terminated in SEVIS on the H-1B effective date, by contacting the SEVIS helpdesk.

If USCIS does not receive the withdrawal request prior to the H-1B petition change of status effective date, then the student will need to stop working, file a Form I-539 to request reinstatement, and wait until the reinstatement request is approved before resuming employment.

Q14. In cases where a student is authorized to work OPT past the H-1B change of status effective date, can the student continue working on OPT if a request to revoke/withdraw the H-1B change of status is submitted to USCIS?

A14. If the H-1B revocation occurs before the H-1B change of status effective date, the student may continue working while the data fix remains pending, because the student will still be in valid F-1 status.

If the H-1B revocation occurs on or after the H-1B change of status effective date, the student will need to stop working before the H-1B change of status effective date, apply for reinstatement, and wait until the reinstatement request is approved before resuming employment.

NOTE:  This is NOT a cap-gap situation since the student has an EAD authorizing OPT beyond the H-1B change of status effective date.

Q15. Do students remain in valid F-1 status while the request to change the OPT end date is pending?

A15. If the H-1B revocation occurs before the H-1B change of status effective da te, the student is still deemed to be in F-1 status while the data fix is pending.

If the H-1B revocation occurs after the H-1B change of status effective date, the student will not be in valid F-1 status and will therefore either need to apply for reinstatement or depart the United States. 

Last updated:03/29/2012