29 May 2025
The landscape for international students in the United States continues to evolve — and not always in their favor. Most recently, students participating in Optional Practical Training (OPT) programs have come under increased scrutiny from U.S. Immigration and Customs Enforcement (ICE). Even minor lapses in employment reporting can now lead to serious consequences, including SEVIS termination and possible removal proceedings.
As experienced immigration attorneys in New Jersey, VKM Law Group is here to help you understand what this means, how to stay in compliance, and what actions to take if you’re at risk.
What’s Happening?
OPT allows F-1 international students to work in the U.S. for up to 12 months after graduation, with an additional 24-month extension for qualifying STEM graduates. However, in recent months, ICE has stepped up efforts to enforce compliance — particularly around employment verification, reporting accuracy, and unemployment timelines.
Key Concerns:
- Inaccurate or delayed employment updates to SEVIS.
- Exceeding the allowed unemployment period.
- Misreporting job duties that don’t align with a student’s field of study.
- Failing to submit an updated Form I-983 when changing employers (for STEM OPT).
Why This Matters
Increased monitoring means that any inconsistency — no matter how small — can result in a status violation. Once a SEVIS record is terminated, it becomes extremely difficult to reverse, and the individual may face deportation or a bar from re-entry.
Employers also risk penalties if they knowingly or unknowingly support unauthorized work.
Who Is Affected?
This impacts:
- International students on regular OPT and STEM OPT.
- Recent graduates awaiting H-1B lottery outcomes.
- Employers who hire or currently employ F-1 OPT holders.
Whether you’re a student building your career or a company relying on global talent, non-compliance now comes with greater legal and immigration risks.
What OPT Students Should Do Now
Here are proactive steps students should take to stay compliant and protect their legal status:
1. Keep SEVIS Up to Date
You must report any changes in employment — including start dates, employer name, address, or job description — within 10 days through your school’s DSO (Designated School Official).
2. Understand Unemployment Limits
- OPT: Up to 90 days of unemployment allowed.
- STEM OPT: Up to 150 total days, including the first 90.
Exceeding this period without reporting valid employment can lead to status termination.
3. Align Your Role With Your Degree
Ensure your job duties closely relate to your academic background. If they don’t, ICE may consider your employment invalid.
4. Maintain Documentation
Always keep a record of:
- Offer letters
- Pay stubs
- Job descriptions
- Form I-983 (for STEM OPT)
- Any communications with your DSO or USCIS
5. Avoid Gaps in Employment
Even a short lapse in reporting employment can trigger an audit. Work proactively with your DSO and legal counsel to ensure continuous documentation.
What Employers Need to Know
Hiring international students brings value, but also legal responsibility. As an employer, make sure to:
- Verify the job role aligns with the candidate’s academic background.
- Submit required training plans (Form I-983) on time for STEM OPT workers.
- Understand your role in the student’s SEVIS compliance — especially regarding start/end dates, supervision, and job description accuracy.
Employers found violating the terms of the OPT program may face fines or restrictions on future visa sponsorship.
How VKM Law Group Can Help
At VKM Law Group, we understand the fine line international students and their employers must walk to stay compliant with ever-changing immigration laws. Our experienced immigration attorneys in New Jersey provide the following support:
✅ One-on-one consultation for F-1 and OPT students
✅ Legal strategy for STEM OPT compliance and transition to H-1B
✅ Representation in case of SEVIS termination or deportation risk
✅ Employer compliance audits and Form I-983 guidance
✅ I-9 and work authorization support
The message is clear: ICE is paying closer attention to international students and their employers. If you’re participating in OPT or hiring OPT students, now is the time to double down on compliance, documentation, and proactive legal advice.
Don’t wait for a Notice to Appear or a SEVIS termination notice to act. Get in touch with VKM Law Group today to review your case and avoid costly mistakes.