US officials issue warnings to F-1 students participating in Optional Practical Training (OPT), potentially leading to deportation from the United States.
U.S. Warns F-1 Students on OPT About Deportation Risks for Unreported Job Status
In a recent development, students on Optional Practical Training (OPT) have received warning notices from Immigration & Customs Enforcement (ICE) regarding potential deportation if they fail to report their employment status in a timely manner.
F-1 students participated in the OPT program without updating their job details, according to the Department of Homeland Security's Student and Exchange Visitor Program. A notice, titled 'Student and Exchange Visitor Program: Notice of Failure to Report Optional Practical Training Employer and Exceeding Permissible Period of Unemployment', was sent to affected F-1 students on May 15th.
The letter advises that the students' SEVIS records will be terminated if they do not update their employer information within 15 days of the notice date. As a result, many students could face the cancellation of their SEVIS status starting from May 31st, potentially leading to deportation.
The OPT program offers nonimmigrant students the opportunity to gain work experience in a job related to their major field of study. To maintain compliance, federal regulations limit the allowable period of unemployment to 90 days during the 12-month OPT period.
Students on OPT must work in jobs directly related to their degree program and should not exceed 90 days of unemployment. Failing to adhere to these rules can lead to the loss of F-1 status and the need to either leave the U.S. or face further immigration enforcement actions.
To prevent such consequences, F-1 students must promptly update their SEVIS records through their Designated School Official (DSO) or the SEVIS Portal, particularly within 10 days of any employment changes.
For further guidance, F-1 students—including those in OPT or STEM OPT—should consult their DSO and remain informed about any updates affecting F-1 status and OPT.
[1] Failure to report employment can lead to the accumulation of unemployment days, which contributes to the 90-day unemployment limit.[2] Exceeding the 90-day unemployment limit may negatively impact the student's immigration status and future opportunities in the U.S.[3] If the SEVIS record is not updated within the specified deadline, immigration proceedings may be initiated, potentially leading to removal from the U.S.[4] F-1 students must ensure timely updates to their SEVIS records to avoid deportation risks.
- Neglecting to report employment changes can lead to an accumulation of unemployment days, which may exceed the 90-day limit, potentially impacting the student's immigration status and future opportunities in the United States.
- The regulation of the Optional Practical Training (OPT) program, as overseen by the Department of Homeland Security's Student and Exchange Visitor Program, requires F-1 students to update their SEVIS records if they have employment changes, to ensure compliance with the 90-day unemployment limit and maintain their immigration status.
- In the event that F-1 students fail to update their SEVIS records promptly, immigration proceedings may be initiated, leading to potential removal from the United States, which poses a significant deportation risk for students on OPT.
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