Daijiworld Media Network- New Delhi
New Delhi, May 28: International students in the United States, especially those undergoing Optional Practical Training (OPT) post-graduation, are confronting a fresh wave of enforcement by US Immigration and Customs Enforcement (ICE). Many have received alarming notices warning of termination of their SEVIS records and possible deportation due to employment data discrepancies.
At the heart of this crackdown lies the Student and Exchange Visitor Information System (SEVIS), which requires students on OPT to report their employment status diligently. OPT participants are allowed a maximum of 90 days of unemployment during their 12-month training period, with an additional 60 days granted to those in the STEM-OPT extension.
Snehal Batra, managing attorney at NPZ Law Group, explained, “ICE’s recent letters state that if no employer information is updated on the SEVIS portal, it indicates that the student either failed to report their OPT employment timely or exceeded the unemployment limit. Either situation can lead to termination of OPT status and the start of removal proceedings.”
This enforcement marks a significant shift, as previously SEVIS rarely terminated records automatically for unemployment beyond 90 days. Now, tighter monitoring means even inadvertent reporting delays can result in loss of legal status.
Immigration lawyers emphasize that any change in employment—whether a new job, change in work location, or job loss—must be updated in SEVIS within ten days. Failure to comply triggers ICE warnings and a strict 15-day deadline to rectify the records.
“Because there is no employer information in your SEVIS record, you are accumulating unemployment days and may have exceeded the permissible period. If employed, you must correct your SEVIS record immediately. Failure to do so may result in removal proceedings.”
Indian students form one of the largest international student groups in the US. According to the Open Doors Report (2022-23), approximately 270,000 Indian students were enrolled in US institutions, with around 69,000 participating in OPT programs. Many of them are currently affected by these new enforcement actions.
Experts from NAFSA: Association of International Educators, note that the wording of these letters mirrors those issued in 2020 under the previous administration, but the volume of notices has reportedly increased this year.
Jath Shao, immigration lawyer, remarked, “While DSOs traditionally handle SEVIS compliance, ICE now directly intervenes by terminating records when unemployment exceeds limits. Employment—paid or unpaid—must be related to the student’s major and promptly reported.”
NAFSA has issued advisories urging Designated School Officials (DSOs) to closely monitor unemployment alerts in SEVIS and actively remind students to update their employment information through SEVIS portals.
Immigration attorney Poovi Chothani from Mumbai’s LawQuest advises students nearing their unemployment limits to consider options such as:
• Leaving the US before the limit is reached,
• Enrolling in a new qualifying educational program, or
• Applying to change their visa status, for example, to a B-2 tourist visa.
Batra further urges students to maintain detailed written records of all OPT employment, including employer details, supervisor contacts, hours worked, job descriptions, and dates of employment. Such documentation is vital to prove status maintenance if applying for visa status changes like from F-1 to H-1B.