With authorities in the United States stepping up action against job consultancies, students who are in the country on Optional Practical Training (OPT) are facing renewed uncertainty. In the past, some companies allegedly kept students nominally employed by issuing fake payslips and payroll records, and refused to provide real work. However, these firms are now under stricter oversight.
Hundreds of OPT students were dependent on such practices to maintain their visa status. However, with several consultancies now halting such arrangements, these students have only 60 days to find genuine employment. Should they fail to do so, they risk losing their legal status.
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“It’s terrifying,” a 26-year-old postgraduate student from Hyderabad, India, who now lives in Houston, told The Times of India. “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.”
A 25-year-old who now stays in Virginia claimed that the fabricated payroll had kept him afloat in the US. “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,” he said.
According to US Citizenship and Immigration Services (USCIS) guidelines, this type of documentation is fraudulent, and may put a person at the risk of losing their legal status, and endanger their future immigration prospects. Fake payrolls can lead to the termination of an I-20 form, and loss of immigration status. In some cases, individuals may even face allegations of misrepresentation in immigration processes later, such as H-1B visa or green card applications.
‘OPT students should do a gut check’
Immigration experts believe students should take proper measures immediately. “OPT students should do a gut check and assess the legitimacy of any roles or consultancies they are considering,” said Nicole Alexandra Gunara, principal immigration solicitor at Manifest Law.
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“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,” she continued.
Gunara said of the legal implications, “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.”
