Investigations Reveal Companies Abusing F-1 Visa Program Through Fraudulent Employment Verifications

Companies Found Providing False Employment Verifications and Students Expecting Removal

The F-1 visa program is an invaluable program that allows U.S. companies to work with international employees bringing on new experiences, talents, and a diversity in culture and language. According to an investigation performed by the FBI, USCIS, and a collaboration between NBC News and NBC Bay Area, over a dozen companies were exposed abusing the F-1 visa program providing false employment verifications with one defendant admitting during federal prosecution that she had provided false employment records for nearly 2,700 students. Reported by various sources, nearly 4,600 international college graduates may find themselves in expedited removal proceedings or denials of re-admission into the United States.

The F-1 Optional Practical Training (OPT) program allows international students to work in the U.S. to obtain experience for a period of 12-36 months after earning their degrees. Some aliens under the program find experiential training during their course of study and some after their graduation notably those in the STEM (science, technology, engineering, or math) areas of study. To participate in the F-1 program, aliens are required to show their institutions such as the University of Kansas that they have valid employment. After learning of the federal indictment, the University of Kansas discovered seven of their students reporting one of the fraudulent companies as their employer. Many of these companies providing false employment verifications were found to be merely shell companies acting as real companies but with nothing more than a mailing address and some being companies on paper only. NBC investigated and looked into 14 other companies that employed over 5,500 foreign students through the OPT program. 12 failed to respond and the other two refused to discuss their company.

The Student and Exchange Visitor Program (SEVP) recently revamped the methodology it uses to review alien information. According to the SEVP, over 200,000 students participated in the OPT program in 2017 and 2018. The number of aliens who partook in the fraudulence only made up a very small percentage. These aliens now find themselves facing deportation proceedings and also strict punishments such as permanent bans to the country. For those who are adjudicated with a finding of fraud or misrepresentation, they may face inadmissibility or a permanent bar from the United States.

What can you do?

There is a process in immigration and deviating from the process can result in harsh repercussions. If you find it difficult to find certain employment or are confused about a part of the immigration process, there may be a way that your immigration attorney can help such as providing you answers and guidance. As USCIS uncovers more of these cases under a more careful lens, immigration applicants need to remain attentive over abiding by the immigration process. The U.S. Government handles these matters with severity. If there are questions, please reach out to your attorney or reach out to our knowledgeable staff at International Legal and Business Services Group.