US scrutiny turns on OPT
International students pursuing post-study work opportunities through the Optional Practical Training (OPT) program in the US have been sent a letter demanding that they update their SEVIS records with employer information, or face “proceedings to remove [them] from the United States”.
The letter advises students that they’ve “been participating in OPT for more than 90 days but have not reported any employer information,” and that if their SEVIS record is not updated within 15 days of the notice, their status will be terminated.
While contents of the notice came as little surprise to educators and employers – outlining existing regulations about unemployment on OPT – it comes at a time of heightened fear and uncertainty about international students’ status in the US under the Trump administration.
“To most it’s just a reminder that – more than ever, given a hostile administration – students need to comply with all rules and report OPT employment so they are not considered to have accrued ‘unemployment time’ that could result in a termination of their OPT and status,” explained NAFSA senior impact officer, Joann Ng Hartmann.
In accordance with federal rules, OPT students are allowed a total of 90 days of unemployment during the 12-month OPT period, which they must record on their SEVIS portal.
While the 90-day regulation is widely known by administrators and students, The PIE News understands it has previously been unheard of for SEVIS records to be terminated because of reporting errors.
It is unclear how many students received the notice, which states that SEVIS records will be terminated “to reflect the lack of employer information and the potential that you may have violated your status” either by failing to report employment or by exceeding the 90-day period.
According to Inside Higher Ed reports on May 16, at least 35 students had been confirmed as having received such letters, though this is likely to be a gross underestimation.
“It is widely expected that the actual number is significantly higher as the enforcement effort continues to expand,” Matthew Kolodziej, immigration practice partner at Jia Law Group, told The PIE.
More than ever, given a hostile administration – students need to comply with all rules and report OPT employment
Joann Ng Hartmann, NAFSA
When asked about the letter sent to students, DHS assistant secretary Tricia McLaughlin said: “If a person’s visa is revoked, I urge them to use CBP Home app to self-deport. If you are in our country illegally, we will arrest, we will deport you, and you will never return. The safest option is self-deportation.”
The State Department did not respond to The PIE’s request for comment.
And yet, despite McLaughlin’s response, it is unclear whether SEVIS terminations will result in visa revocations and deportations – as the letter suggests – with SEVIS records handled by the Department of Homeland Security and visa revocations overseen by the State Department.
“While losing SEVIS status means a student is out of lawful status and technically should depart the US, we do not currently see indications that ICE is prioritising deportation of international students under these circumstances,” said Kolodziej.
And yet, following thousands of visa revocations – many of which were since restored by the administration – stakeholders are on high alert to any government updates, with NAFSA posting an advisory the day after the OPT letter was sent to students.
While the notice does not constitute a change in policy, the threat of deportation points to a heightened scrutiny around the OPT program, which was drawn into a political row during Donald Trump’s presidential campaign but has been left relatively untouched until now.
The revocation of thousands of student visas in recent months – although many are seemingly being restored – has created a climate of fear across US college campuses, fuelled by high-profile cases of students being arrested and detained.
Despite the policy u-turn reversing the terminations, the government has since said it will greatly expand the criteria for cancelling international students’ legal status, though the new guidelines have not been adopted as official policy.
The adoption of such a policy would justify the recent crackdown on international students, said stakeholders, and give ICE “carte blanche” to deport a student if their visa is revoked.
During the administration’s recent string of F-1 SEVIS terminations, most students and colleges were unaware of the change in status until they logged onto their SEVIS portal, with Jia Law Group now urging all F-1 and OPT students to proactively check their records.
OPT, which offers international students the opportunity to work in the US for 12-36 months, depending on the field, is seen as an extension of studies, with participants remaining on student visas.
The opportunity is widely cited by prospective students as a major pull factor in coming to the US, according to Hartmann, with participants valuing the “experiential learning and practical training”.
What’s more, OPT participants have traditionally been regarded as an economic asset to employers and communities, making up a large part of the nearly $44 billion total contributions of international students to the US economy in 2023-24, according to NAFSA.
Across the globe, international students are prioritising career outcomes and job readiness in study abroad decisions, according to recent IDP research.
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