“ICE Threatens OPT Visa Holders With Deportation: What International Students Need to Know”
What Happened?
U.S. Immigration and Customs Enforcement (ICE) sent warning letters to international graduates on OPT visas.
These letters state that if students do not report their employment status within 15 days, their SEVIS records will be “terminated.”
Termination of a SEVIS record can lead to deportation or other immigration consequences.
This mirrors actions taken during the Trump administration in 2020, with expanded authority now involving ICE and the Department of Homeland Security (DHS).
What is OPT?
OPT (Optional Practical Training) allows international students (typically F-1 visa holders) to work temporarily in the U.S. in a field related to their degree.
They are allowed a maximum of 90 days of unemployment within a 12-month OPT period.
There is also a STEM OPT extension (24 months) for graduates in science, technology, engineering, and mathematics
Why Is This Concerning?
1. Short Notice: Students were only given 15 days to respond.
2. Uncertainty: It’s unclear if any review process was conducted before threatening deportation.
3. Lack of Clarity: The number of affected students is unknown, and the enforcement appears sudden and aggressive.
4. Technical Issues or Forgetfulness: Some students fail to report their job due to:
o Lack of awareness about reporting requirements.
o Busy post-graduation periods.
o System errors in SEVIS (the Student and Exchange Visitor Information System).
5. No Official Explanation Yet: ICE and DHS have not responded to questions about these letters.
Impact on International Students
Increased Anxiety and Confusion: Many students now fear losing their legal status and facing deportation.
Administrative Burden: Universities and international student advisors must quickly check SEVIS records and contact affected students.
Potential Legal Battles: Similar to 2020, this policy may face legal challenges, especially if implemented without due process.
Possible Visa Revocations: Although SEVIS status termination doesn’t automatically cancel a visa, it can lead to revocation by the U.S. State Department.
Advice for International Students on OPT
Immediately check your SEVIS record and employment reporting status.
If you’ve not reported your job yet or are close to 90 days of unemployment:
Report your employment through your school’s DSO (Designated School Official).
Keep documentation of all correspondence and work authorization.
Stay in touch with your international student office.
Seek legal assistance from an immigration lawyer if you receive a letter or feel your status is at risk.