Hundreds of students in the U.S. on Optional Practical Training (OPT) are staring at possible visa trouble as federal authorities crack down on employers issuing fake payrolls. Now, the dream of gaining work experience under the OPT program has turned into a scramble for survival.
A 26-year-old postgraduate student from Hyderabad, India shared that, “I was told I had an ‘employer’ and was receiving pay stubs, but now they’ve stopped. I don’t know what to do; finding real work at short notice is almost impossible,” as told to TOI. Currently, the person resides in Houston, she describes this as “its terrifying.”
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While another 25-year-old living in Virginia said the manipulated payroll was the only thing keeping him afloat in the U.S. “I’ve been paying thousands in rent and tuition under the assumption that my paperwork was in order. Now I’m scrambling, with less than two months to find something genuine. I’m now looking for trustworthy consultancies.”
The Trump administration has been instrumental in keeping a check on the immigrants’ status. Several proposals have been pushed forwards, with tighter scrutiny and new visa guidelines. Now, the U.S. government is set to take a tougher stance against the firms that create fake payroll records to show international students on OPT as employed, even when no real job exists. This tougher oversight is aimed at stopping misuse of the program, and anyone found relying on such fabricated work arrangements could risk losing their visa status.
USCIS rules make it clear that submitting false payroll records is considered fraud and can put a person’s legal status in serious jeopardy. Such actions may lead to the cancellation of their I-20, loss of their current visa standing, and even accusations of misrepresentation that could hurt chances of getting future visas or a green card.
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Speaking on this, Nicole Alexandra Gunara, principal immigration solicitor at Manifest Law, stated that, “OPT students should do a gut check and assess the legitimacy of any roles or consultancies they are considering.”
“Speak with your Designated School Officer (DSO) or international student office, as universities are often aware of problematic arrangements. Reach out via LinkedIn to speak with other employees or F-1 students at the company, ask for a clear work statement outlining duties and deliverables, and verify whether the company has active client contracts,” Gunara said.
She also said, “even if a student was unaware they were being issued fake payrolls, they should seek immediate legal counsel, gather evidence to show they acted in good faith, report the issue to their DSO, and change employers if possible.”