More than 69,000 Indian students are affected as ICE takes aim at OPT program with tough warning letters

US Immigration and Customs Enforcement (ICE) has started issuing warning letters to thousands of students in the Optional Practical Training (OPT) program, sending a shiver of fear down the spines of foreign students in the US.

The letters claim they had breached employment reporting rules, which could lead to the cancellation of their SEVIS records and potential deportation.

Indian students, the second-largest overseas student body in the US, are heavily affected by this administrative move.

Is there any legal implication in the event of OPT enforcement violation?

Almost 69,000 of the 270,000 Indian students studying in the US for the 2022–2023 academic year were enrolled in the Open Doors Program, as per the report.

Administrative miscalculations in filing employment data have placed such students at risk of forfeiting their legal status. 

The strict application of existing OPT unemployment rules is the root cause of the issue. Foreign students can be unemployed up to ninety days during their twelve-month OPT period in accordance with OPT regulations. STEM-OPT extension beneficiaries enjoy an additional 60 days.

They will have to update it on the SEVIS website within ten days when a student's employer is changed, either by a new employer, loss of employer, or change in location. "The recent ICE letters mean that if there is no employer listed on a student's SEVIS record, then their SEVIS record will be terminated.". That is, the student either did not report the OPT work in a timely manner or went beyond the permissible period of unemployment," said Snehal Batra, an immigration attorney at NPZ Law Group.

Looking back to previous policy

Historically, SEVIS records were not typically immediately terminated for such violations, Batra added, but the current administration's aggressive policies make it simpler for students to lose their status.

Before, SEVIS records were not typically immediately terminated for such offenses; but the current administration's strict policies allow students to lose their status more readily more easily.Historically, the Designated School Officials (DSOs) maintained responsibility for ensuring the validity of SEVIS reporting. Currently, "ICE has been going in and shutting down individuals who have acquired over 90 days of unemployment," according to immigration attorney Jath Shao, as quoted by the TNN.

Although US Citizenship and Immigration Services (USCIS) has reinstated student status following record updates, he explained that in some instances, delays by the DSO caused the failure to update SEVIS.