Latest scrutiny of foreign students focuses on OPT
The U.S. Department of Homeland Security is threatening a fresh round of deportations of international students, this time aimed at visa holders who are late in reporting their employment on optional practical training, the postgraduate work program.
Notices sent to students late last week gave them 15 days to update their records, warning that “failure to take corrective action may result in the initiation of immigration proceedings to remove you from the United States.”
It’s unclear how many students received letters, but concern was widespread enough by Friday that NAFSA: Association of International Educators posted an advisory on the issue. The Department of Homeland Security did not respond to questions from The Chronicle.
The latest action follows the mass cancellation of thousands of international students’ legal status this spring, often for minor legal infractions. After a wave of lawsuits challenging the terminations, the Trump administration reversed course, reinstating student records. But the administration said it was putting in place a new policy that would expand immigration officials’ authority to review and cancel student records — although updated procedures have not been officially announced.
The current notices were sent to visa holders taking part in optional practical training, or OPT, a program that allows recent graduates to remain in the United States for one to three years to work in a field related to their studies. Because OPT is seen as an extension of their education, participants remain on student visas.
After foreign students are approved for OPT, they have 90 days to find a job and to add their employment information to a federal student-visa database, the Student and Exchange Visitor Information System, or SEVIS. Without the employer information, it appears in SEVIS that a student is unemployed.
While failure to keep information current — such as address, name, or employment changes — is a violation of students’ visa status, a half-dozen college administrators, lawyers, and immigration experts who spoke with The Chronicle said they had not heard of cases of students’ SEVIS records being terminated because of that kind of reporting mistake. Students may miss the 90-day deadline amid the whirlwind of graduation and starting a new job. Others may simply run out of time to find an American employer to hire them.
“Threatening deportation — that’s just unprecedented,” said one international-student adviser who asked not to be named because she doesn’t have college approval to comment publicly.
Emily Neumann, a partner with Reddy Newman Brown, an immigration law firm, said she has not known the government to take action against students who accrue unemployment time. Instead, she said the issue typically comes up only when students apply for a work visa or to extend their OPT, which is available to those in STEM majors.
Although the Department of Homeland Security can terminate student records, the decision to revoke visas is the purview of the U.S. Department of State. In a written statement, a State Department spokesperson said that the agency “cannot preview future visa-related decisions, which are made on a case-by-case basis, based on the individual facts relevant to the case.” The statement referred questions about potential removals of students from the country to Homeland Security..
A nearly identical letter was sent out in 2020, during the first Trump administration. In that instance, however, college officials were notified of the alert. This time, colleges said they only learned of the issue when contacted by students, and, as of Tuesday, no broadcast message had been posted on the department’s website.
Experts who spoke with The Chronicle said they did not know of students who were penalized following the 2020 letter.
The Department of Homeland Security does have the ability to terminate student records automatically when students hit the 90-day unemployment limit, but it has not previously activated that capacity. Officials had told colleges that they would be notified if the tool was turned on, one expert said.
It’s unclear if that tool was used, or if the department audited SEVIS records in another way. In the case of the earlier status revocations, student information was run against a national criminal database, department lawyers said in court.
The Trump administration had characterized that crackdown as part of a campaign against campus antisemitism.
Neumann, the immigration lawyer, said she was concerned that the new notices may be part of a broader campaign to expel international students after the administration’s earlier attempt suffered legal setbacks.
Officials seem to be looking for “any little thing a student does wrong” in order to terminate their legal status, Neumann said. “I wouldn’t be surprised if this was the next step to cause fear and anxiety among international students or to get them to leave the country.”
OPT, while little known outside of international education, has been a target of critics of expanded immigration who say it’s a back-door way to hire foreign workers. President Trump has sent mixed messages: During his first term, he threatened to curtail or cancel the program, but during last year’s campaign, he called it a “priority” to keep “brilliant” foreign graduates in the United States.
About 243,000 international students, or one in five student-visa holders, in the United States is currently taking part in OPT.