US OPT students grapple with employment instability and visa risks amid intensified payroll fraud
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However, a growing crackdown on consultancies issuing fabricated payroll records has exposed many students to legal uncertainty and employment instability. These firms, which once provided students with fake payslips to maintain their visa status without meaningful work, are now under intense regulatory scrutiny.
The human cost of a regulatory crackdown
As authorities tighten oversight, numerous consultancies have ceased issuing fraudulent payroll documents, leaving hundreds of OPT students with a narrow window, sometimes as short as 60 days, to secure legitimate employment.
Failure to do so may result in loss of visa status and other severe immigration consequences.
The human impact is palpable. A 26-year-old postgraduate from Hyderabad, residing in Houston, described the situation as deeply unsettling. 'I was under the impression that I had a legitimate employer and was receiving authentic pay stubs. Now, with those stops, the pressure to find real work in such a limited timeframe is overwhelming,' she said.
Another student, 25 years old and also from Hyderabad, currently living in Virginia, revealed how the fabricated payroll was crucial to managing significant living and educational expenses. 'I had been paying thousands of dollars in rent and tuition, believing my documentation was valid. Now, the sudden disruption has thrown my plans into disarray, and I am urgently seeking trustworthy consultancies and real job opportunities,' he explained.
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Legal risks and immigration consequences
The United States Citizenship and Immigration Services (USCIS) explicitly labels such falsified documentation as fraudulent, cautioning that it jeopardises an individual's immigration status and future prospects. Consequences include termination of the I-20 form, loss of OPT eligibility, and potential allegations of misrepresentation during subsequent visa or
applications.
Advice from immigration experts
Nicole Alexandra Gunara, principal immigration solicitor at Manifest Law, advises students to take decisive action.
'Students must rigorously assess the authenticity of any prospective employers or consultancies,' she said. 'It is imperative to engage with your Designated School Officer (DSO) or the international student office. Universities often have critical insights into dubious arrangements and can guide students toward legitimate opportunities.
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Gunara further recommends leveraging professional networks such as LinkedIn to connect with current employees or fellow F-1 students.
'Request clear work statements that delineate roles, responsibilities, and deliverables. Verify that the company holds active client contracts to confirm its legitimacy.'
On the legal front, Gunara emphasized that ignorance does not offer immunity. 'Even if a student was unaware of receiving fake payrolls, they should promptly seek legal counsel. Gathering evidence to demonstrate good faith, reporting concerns to the DSO, and changing employers when feasible are essential steps to mitigate risk.'
Navigating a complex employment landscape
As enforcement of immigration regulations intensifies, OPT students face mounting pressure to navigate a more complex and unforgiving environment. Institutions and immigration advisors play a vital role in supporting students through this period, helping them understand evolving requirements and access reliable employment resources.
For many, the road ahead requires vigilance, informed decision-making, and swift action. The evolving situation underscores the importance of transparency and legitimacy in OPT employment, reinforcing that the stakes are higher than ever for international students striving to build careers in the US.
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