Trump admin ramps up surprise site checks on OPT students; nearly 1 lakh Indian students are undergoing such training
The Trump administration is stepping up unannounced site inspections targeting foreign students working under the optional practical training (OPT) programme—especially those on the two-year STEM OPT extensions—with officers even knocking on doors at homes and student housing to verify compliance with federal rules.
According to immigration attorneys, while site inspections are legal, it has sharply escalated in frequency. According to the latest Open Doors report for 2023-24, 3.3 lakh Indian students were studying in the US. As many as 97,556 were participating in OPT program (a significant number of which were in STEM-OPT). making them one of the most affected groups..
The fraud detection and national security (FDNS) unit of US citizenship and immigration services (USCIS) has authority to check whether students’ training plans under Form I-983 (which applies to STEM-OPT students) match their academic field and that they are maintaining valid F-1 (student visa) status. In addition, FDNS and Immigration and Customs Enforcement (ICE) officials have long-standing authority to verify overall F-1 compliance for any OPT participant, including those on the initial 12-month OPT. Students from the Science, Mathematics, Technology and Engineering (STEM) fields get an additional two years of OPT, which aggregates to a three-year work experience for them.
“I just received this inspection unexpectedly today at my residence and was requested additional documents”, said a student who had recently got his STEM-OPT approved. Another student pointed out that at his university housing facilities, lately USCIS officials have been routinely visiting for verification of OPT-students. Another student who had got his status approved from F-1 (student visa) to H-1B was also questioned – in his case the STEM-OPT application was pending.
“These inspections are lawful, and another tool dusted off and used by the Trump administration to continue its crackdown on F-1 students,” said Ashwin Sharma, a Florida-based immigration attorney, adding: “In my opinion there is definitely an increase in both FDNS site inspections and RFEs (Requests for Evidence).”
Abhinav Tripathi, immigration attorney, based in San Jose, told TOI, “The regulations do not authorize routine visits to student residences, except in the rare case where a residence is explicitly listed on Form I-983 as the training site, which otherwise remains outside the scope of this rule.”
Immigration attorneys point out that the uptick in site visits—revived after a lull during the Biden years—reflects a broader trend of stepped-up immigration enforcement, in line with stricter scrutiny of H-1B visas, proposed higher filing fees, and tighter rules for F-1 status.
Kripa Upadhyay, immigration attorney at Buchalter, added: “These inspections by FDNS officers are always unannounced, and it is typical for officers to demand to see documents and information, including details on work location, hours, salary, and duties.”
Sharma cautioned, “Students and employers should keep I-983s accurate and current, promptly update employment changes, and be prepared to explain training objectives and how the work ties to the degree. If an officer appears, verify his/her credentials (ask for a business card or badge number), remain calm, and answer truthfully.”
“Expect questions about studies, attendance, EAD (employment authorisation document) terms, job duties, how the role relates to the degree, and requests for documents (ID, résumé, transcripts, job offer, possibly pay records). Non-cooperation or inconsistencies can jeopardize OPT/STEM-OPT, the SEVIS record, and even F-1 status,” he added
Poorvi Chothani, immigration attorney and founder of LawQuest, said the checks are often triggered when students apply for STEM extensions or list remote work arrangements. “We strongly recommend that students provide true information in their applications and update their Designated School Official (DSO) about any change in employment or residence. In addition they must update their residential address on the USCIS portal within ten days of relocation,”
In addition, requests for evidence (RFEs) are also on the rise. “I have noticed an uptick related to RFEs referencing a student’s criminal issues or potentially adverse information, at the time the student applies for an OPT-EAD,” said Adam Cohen, partner at Siskind Susser, an immigration law firm.
Jath Shao, immigration attorney, told TOI that he is seeing a lot of RFEs in cases where individuals are transitioning from H-1B to B-2 (tourist visa), or F-1 (student visa) or H-4 (dependent visa, where spouse holds an H-1B). “While the Biden administration's position was that you could change status to look for a job if laid off, the second Trump administration is scrutinizing cases where people lose or change jobs and making them prove they are truly a visitor or that any graduate programs they take make sense.”
Sharma agrees that RFEs are on the rise when there is a switch to a student visa. “In such cases, the RFEs focus on the reason for returning to or enrolling in an educational course, a statement is sought confirming the student’s Intent to return to their home country after finishing their course and also officials probe deeply into the visa status leading up to the change of status application to an F-1 visa.”
For Indian students—who form the largest group on STEM OPT in sectors such as technology and consulting—the heightened scrutiny means they and their employers must keep meticulous records, maintain consistency across documents, and promptly report changes to USCIS and their universities.
The fraud detection and national security (FDNS) unit of US citizenship and immigration services (USCIS) has authority to check whether students’ training plans under Form I-983 (which applies to STEM-OPT students) match their academic field and that they are maintaining valid F-1 (student visa) status. In addition, FDNS and Immigration and Customs Enforcement (ICE) officials have long-standing authority to verify overall F-1 compliance for any OPT participant, including those on the initial 12-month OPT. Students from the Science, Mathematics, Technology and Engineering (STEM) fields get an additional two years of OPT, which aggregates to a three-year work experience for them.
“I just received this inspection unexpectedly today at my residence and was requested additional documents”, said a student who had recently got his STEM-OPT approved. Another student pointed out that at his university housing facilities, lately USCIS officials have been routinely visiting for verification of OPT-students. Another student who had got his status approved from F-1 (student visa) to H-1B was also questioned – in his case the STEM-OPT application was pending.
“These inspections are lawful, and another tool dusted off and used by the Trump administration to continue its crackdown on F-1 students,” said Ashwin Sharma, a Florida-based immigration attorney, adding: “In my opinion there is definitely an increase in both FDNS site inspections and RFEs (Requests for Evidence).”
Abhinav Tripathi, immigration attorney, based in San Jose, told TOI, “The regulations do not authorize routine visits to student residences, except in the rare case where a residence is explicitly listed on Form I-983 as the training site, which otherwise remains outside the scope of this rule.”
Immigration attorneys point out that the uptick in site visits—revived after a lull during the Biden years—reflects a broader trend of stepped-up immigration enforcement, in line with stricter scrutiny of H-1B visas, proposed higher filing fees, and tighter rules for F-1 status.
Sharma cautioned, “Students and employers should keep I-983s accurate and current, promptly update employment changes, and be prepared to explain training objectives and how the work ties to the degree. If an officer appears, verify his/her credentials (ask for a business card or badge number), remain calm, and answer truthfully.”
“Expect questions about studies, attendance, EAD (employment authorisation document) terms, job duties, how the role relates to the degree, and requests for documents (ID, résumé, transcripts, job offer, possibly pay records). Non-cooperation or inconsistencies can jeopardize OPT/STEM-OPT, the SEVIS record, and even F-1 status,” he added
Poorvi Chothani, immigration attorney and founder of LawQuest, said the checks are often triggered when students apply for STEM extensions or list remote work arrangements. “We strongly recommend that students provide true information in their applications and update their Designated School Official (DSO) about any change in employment or residence. In addition they must update their residential address on the USCIS portal within ten days of relocation,”
In addition, requests for evidence (RFEs) are also on the rise. “I have noticed an uptick related to RFEs referencing a student’s criminal issues or potentially adverse information, at the time the student applies for an OPT-EAD,” said Adam Cohen, partner at Siskind Susser, an immigration law firm.
Jath Shao, immigration attorney, told TOI that he is seeing a lot of RFEs in cases where individuals are transitioning from H-1B to B-2 (tourist visa), or F-1 (student visa) or H-4 (dependent visa, where spouse holds an H-1B). “While the Biden administration's position was that you could change status to look for a job if laid off, the second Trump administration is scrutinizing cases where people lose or change jobs and making them prove they are truly a visitor or that any graduate programs they take make sense.”
Sharma agrees that RFEs are on the rise when there is a switch to a student visa. “In such cases, the RFEs focus on the reason for returning to or enrolling in an educational course, a statement is sought confirming the student’s Intent to return to their home country after finishing their course and also officials probe deeply into the visa status leading up to the change of status application to an F-1 visa.”
For Indian students—who form the largest group on STEM OPT in sectors such as technology and consulting—the heightened scrutiny means they and their employers must keep meticulous records, maintain consistency across documents, and promptly report changes to USCIS and their universities.
Top Comment
M
Mera Bharat Mahan
6 hours ago
Every country has right to protect its country i.e. people, assets and borders. If someone is staying ilegally country has right to deport.Read allPost comment
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