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In a significant development, a US court has granted approval to lift sanctions on more than 90 foreign nationals, many of whom are from India, associated with an Optional Practical Training (OPT) fraud by their former employers.
Previously barred from re-entering the US or obtaining visas due to their involvement with fraudulent OPT schemes, these students faced challenging consequences, such as being denied entry into the country or deemed ineligible for visas. One student from Chennai shared his experience of being turned away by US customs officials after a brief trip, simply because of his association with a blacklisted OPT-certified company.
Attorney Jesse Bless, representing the plaintiffs, disclosed that after negotiations, the US Department of Homeland Security (DHS) agreed to reassess its records. It was confirmed that these former students are not deemed inadmissible to the US or ineligible for visas solely based on their employment with fraudulent OPT companies. Bless expressed relief, stating that “with the inadmissibility lifted, these plaintiffs have now regained another opportunity to live and work in the United States.”
What is Optional Practical Training (OPT)?
OPT provides foreign students with an opportunity to gain work experience in the US, with STEM students eligible for a two-year extension. Out of the 270,000 Indian students in the US during 2022-23, 69,000 were involved in OPT, according to the Open Doors Report.
Attorney Jonathan Wasden highlighted that the fraudulent scheme targeted companies certified by DHS through the E-Verify system. These companies aggressively recruited recent graduates for consulting roles, offering employment for questionable training programs, often at a low cost. Despite being certified, DHS eventually took action against these companies, leading to findings of inadmissibility against students.
Wasden criticized DHS for not disclosing the issue earlier, potentially preventing numerous students from falling victim to the scam. He emphasized the importance of students avoiding companies charging for training and promptly reporting suspicious activities to DHS through legal representation.
The decision by the US court brings relief to affected students, offering them a chance to pursue their dreams in the United States without the burden of past sanctions.
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