Latest news with #OptionalPracticalTraining
Time of India
2 days ago
- Politics
- Time of India
Why Harvard has a strong chance to prevail over Trump in immigration lawsuit challenging student visa rules
Why Harvard has a strong chance to prevail over Trump in student visa lawsuit Harvard University is engaged in a high-profile legal battle with the Trump administration over its ability to enroll international students, a dispute that has significant implications for US higher education. The Department of Homeland Security (DHS) revoked Harvard's Student and Exchange Visitor Program (SEVP) certification, effectively barring the university from admitting international students. This drastic move came after Harvard refused to comply with federal demands to relinquish control over its admissions, hiring, and governance policies. However, Harvard responded by filing a lawsuit challenging the revocation, and a US District Court granted a temporary restraining order, blocking DHS's decision for now. The case revolves around the Trump administration's broader efforts to tighten immigration controls on foreign students, including plans to eliminate Optional Practical Training (OPT) and STEM OPT programs that allow graduates to work in the US. Harvard, which has about 25% of its student body consisting of international students, argues that DHS's actions are retaliatory and violate federal regulations designed to ensure due process. Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like [Click Here] - 2025 Top Trending Search - Local network access Esseps Learn More Undo Legal experts and Harvard's complaint point to significant procedural missteps by DHS, giving the university a strong chance to succeed in court. Procedural errors and lack of due process in DHS action At the heart of Harvard's lawsuit is the claim that DHS did not follow its own rules when revoking the university's SEVP certification. According to the complaint, the department failed to issue a Notice of Intent to Withdraw (NOIW) or provide the opportunity for appeal as required under 8 C.F.R. § 214.4(b). Harvard's legal team notes that the regulations only allow DHS to terminate a school's certification through formal withdrawal proceedings or if the school voluntarily withdraws, neither of which occurred in this case. Harvard produced thousands of records in response to DHS's demands, including detailed information on international students' academic status and disciplinary actions. However, DHS deemed Harvard's response insufficient without citing any specific violations or regulations, as reported by the Forbes. The department's May 22 letter also demanded far-reaching data, such as all audio or video footage of protests involving international students on campus over the past five years — a request that exceeds the scope of typical recordkeeping requirements. Jonathan Grode, a legal expert quoted by the Forbes, said the complaint 'is well organized, filed swiftly and lists ten compelling counts in seeking relief.' He added that the administration's failure to follow proper procedure is likely the strongest basis for the court to side with Harvard. Impact on academic freedom and US competitiveness Harvard's fight goes beyond the university itself and raises concerns about the future of academic freedom and the US's ability to attract top international talent. The Wall Street Journal editorial, as reported by the Forbes, described the government's action as a 'short-sighted attack on one of America's great competitive strengths: its ability to attract the world's best and brightest.' The loss of SEVP certification would affect thousands of current and prospective international students, disrupting their education and careers. Former Cornell Law Professor Stephen Yale-Loehr, quoted by the Forbes, warned that while Trump's administration may lose this legal battle, it could still succeed in discouraging international students from applying to US universities. The combination of lawsuits, threats to OPT programs, and visa uncertainties has already caused anxiety among more than 1,000 international students at Harvard and beyond. In sum, Harvard's lawsuit challenges not only the legality of the Trump administration's immigration policies but also their broader consequences for US higher education. Given the procedural flaws and the high stakes involved, Harvard appears to have a strong chance to prevail and protect the rights of international students in the US. Ready to empower your child for the AI era? Join our program now! Hurry, only a few seats left.
Time of India
2 days ago
- Politics
- Time of India
Over 69,000 Indian students face deportation risk as US tightens OPT unemployment rules
A wave of uncertainty has swept across the international student community in the US as thousands of students on the Optional Practical Training (OPT) program have started receiving warning letters from US Immigration and Customs Enforcement (ICE). Tired of too many ads? go ad free now The letters threaten termination of their SEVIS records and potential deportation due to alleged violations of employment reporting rules. This enforcement action significantly impacts Indian students, who form the second-largest group of international students in the US. According to the Open Doors Report for the 2022-23 academic year, there were 270,000 Indian students in the US, with nearly 69,000 of them participating in the OPT program. These students now face the risk of losing their legal status due to administrative lapses in reporting employment details. Stricter OPT enforcement leads to legal consequences At the heart of the issue is the strict enforcement of existing OPT unemployment rules. OPT regulations allow international students to remain unemployed for up to 90 days during their 12-month OPT period. Those on a STEM-OPT extension are granted an additional 60 days. Students are required to update their employment status on the SEVIS portal within 10 days of any change, including a new job, job loss, or change in work location. As reported by the TNN, immigration attorney Snehal Batra of NPZ Law Group said, 'The recent ICE letters indicate that a student's SEVIS record will be terminated if there is no employer information listed. This means the student either failed to report the OPT job on time or exceeded the allowed unemployment period.' Tired of too many ads? go ad free now Batra added that, in the past, SEVIS records were not typically terminated automatically for such violations, but under the current administration's strict approach, students can fall out of status more easily. Letters mirror past policy under Trump-Pence administration The wording in the current ICE letters reportedly mirrors those issued in 2020 during the Trump-Pence administration. As per the TNN, experts note a visible uptick in the number of such letters now being sent, indicating renewed focus on enforcement under the Trump presidency. A sample letter viewed by the TNN states, 'Because there is no employer information in your SEVIS record, you are accumulating unemployment days and may have exceeded the permissible period of unemployment. ' The letter further warns students to correct their SEVIS records within 15 days or face immigration proceedings. Schools and DSOs under pressure Traditionally, compliance with SEVIS reporting was managed by the Designated School Officials (DSOs). However, as per immigration lawyer Jath Shao, quoted by the TNN, 'ICE has been going in and terminating people who have accumulated more than 90 days of unemployment.' He added that in some instances, the failure to update SEVIS was due to delays by DSOs, though US Citizenship and Immigration Services (USCIS) has reinstated student status once records were corrected. Advisories issued and guidance to students The NAFSA: Association of International Educators has issued a special advisory, urging DSOs to monitor 'Accrued unemployment days' alerts and to actively follow up with students nearing their unemployment limits. It also reminds students to promptly update employment details via the SEVIS portal or through their school DSO. Poovi Chothani, managing partner at LawQuest, advised, as reported by the TNN, that students nearing their limit should consider legal alternatives such as leaving the US, enrolling in a new program, or applying for a different visa status like B-2. Batra also recommended, 'Students should maintain written records of all employment, including employer name, job title, dates of work, hours, and supervisor details,' which could support future visa or status change applications, as noted by the TNN.
Time of India
3 days ago
- Politics
- Time of India
DHS reverses decision to abolish Immigration Services Ombudsman and other oversight offices
Kristi Noem, United States secretary of Homeland Security (AP image)United States Secretary of Homeland Security Consequent to a court litigation, the US Department of Homeland Security (DHS) has disclosed that it will not abolish the three vital oversight bodies, viz: Office for Civil Rights and Civil Liberties (CRCL), Office of the Citizenship and Immigration Services (CIS) Ombudsman, and Office of the Immigration Detention Ombudsman (OIDO). In short notes at the top of each office's webpage, DHS states that each of the three offices responsible for assisting immigrants and overseeing complaints of civil and human rights and constitutional violations by individuals interacting with immigration officials, including those in DHS detention, would remain open. TOI in its edition of April 5 had analysed the impact of the closure of these oversight offices, especially for the Indian diaspora – be they students, H-1B visa holders or green card holders. The most common issue which the CIS Ombudsman dealt with involved unreasonable processing delays, particularly for H-1B extensions where people were stuck in limbo for months despite following all rules. This office also played a vital role in intervening for F-1 students whose Optional Practical Training (OPT) applications were erroneously rejected by the US Citizenship and Immigration Services (USCIS). Read Also: Read Also: The reversal in decision by DHS follows a lawsuit, reported earlier by TOI, that was filed in a US district court (district of Columbia) against the DHS challenging the Trump administration's decision to close these oversight offices. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like Secure Your Child's Future with Strong English Fluency Planet Spark Learn More Undo The lawsuit was filed by advocacy groups - Southern Border Communities Coalition, Robert F. Kennedy Human Rights and Urban Justice Centre. In a recent hearing, District Judge Ana Reyes instructed lawyers for DHS to clarify in a public statement that the offices are not being abolished. While the advocacy groups welcomed the development, Lilian Serrano, Director of the Southern Border Communities Coalition added, 'A disclaimer on their website after extensive litigation is not enough. If DHS must fully restore these offices and ensure every complaint of abuse is thoroughly investigated.'
News18
3 days ago
- Politics
- News18
Challenges Mount For International Students As Trump's USCIS Nominee Eyes OPT Ban
Last Updated: President Trump's USCIS nominee, Joseph Edlow, plans to eliminate the OPT programme, worrying international students. Amid ongoing uncertainties surrounding their academic future, international students in the United States face a fresh challenge, with President Donald Trump's nominee for the top role at US Citizenship and Immigration Services (USCIS), Joseph Edlow, indicating that he intends to eliminate the Optional Practical Training (OPT) programme if selected for the job. Edlow made the statement during a recent confirmation hearing before the Senate Judiciary Committee, reigniting concerns among international students already navigating a complex immigration landscape, as reported by Financial Express. In recent weeks, reportedly, many students currently on OPT have received alarming letters from the US Immigration and Customs Enforcement (ICE), threatening termination of their SEVIS (Student and Exchange Visitor Information System) records and possible deportation. One such letter, accessed by The Times of India, warned students about the absence of employer details in their SEVIS records, noting that this could count as unemployment — a violation of OPT rules. The letter gave recipients 15 days to update their records or face immigration proceedings. What Is OPT And Why Does It Matter? The Optional Practical Training (OPT) programme is a key pathway for international students in the U.S. to gain hands-on work experience after completing their degrees. Under this programme, eligible students are allowed to work for up to 12 months in their field of study. Those with degrees in science, technology, engineering, and mathematics (STEM) can apply for a 24-month extension, known as STEM OPT. Students must report employment information in the SEVIS system to remain compliant. As per current regulations, OPT participants are allowed a maximum of 90 days of unemployment within the standard 12-month period. For those on STEM OPT, an additional 60 days is permitted. A move to end OPT will deeply impact the Indian students in the US, who form one of the largest international student populations in the country. According to the Open Doors 2024 report, there were 331,602 Indian students in the US during the 2023–2024 academic year. Of these, 97,556 were participating in the OPT programme — a staggering 41% increase from the previous year. If the OPT programme is indeed dismantled, it could severely limit post-study work opportunities for Indian students and disrupt the educational and career plans of thousands. The proposed changes could also make the US a less attractive destination for higher education. First Published: May 28, 2025, 10:52 IST
Time of India
3 days ago
- Business
- Time of India
OPT visa rules tightened for international students: Inaccurate employment can now result in deportation
Many international students on OPT in the U.S., including thousands from India, are receiving ICE letters warning of SEVIS record termination and possible deportation due to missing employer information. Students must update SEVIS within 10 days of employment changes. With stricter enforcement now in place, even unreported jobs or DSO errors can trigger immigration consequences. Tired of too many ads? Remove Ads Tired of too many ads? Remove Ads Tired of too many ads? Remove Ads Thousands of international students in the US on post-graduation Optional Practical Training (OPT) are receiving warning letters from the country's Immigration and Customs Enforcement (ICE), threatening termination of their SEVIS records and potential deportation over employment reporting issues, according to a report by TOI's Lubna core of the issue lies in the reporting of employment status within the Student and Exchange Visitor Information System (SEVIS). OPT regulations grant students a maximum of 90 days of unemployment during their twelve-month program. Another 60 days are available to those undertaking the STEM-OPT program for an additional two years.'The recent ICE letters indicate that an international student's SEVIS record will be terminated if there is no employer information listed on the SEVIS portal. This signifies that the student did not report the OPT job on time or went over the allowed unemployment period, either of which can result in a termination of OPT status and initiation of removal proceedings,' Snehal Batra, managing attorney at NPZ Law Group told TOI.'This is a pretty big change for F-1 students. In the past, SEVIS did not usually terminate SEVIS records automatically for exceeding 90 days of unemployment. But now, with tighter rules, students could accidentally fall out of status for failure to report,' she per immigration attorneys, OPT reporting rules require SEVIS to be updated within ten days of any change, be it a new job, new work site location, or loss of employment.A copy of such a letter, seen by TOI states, 'Because there is no employer information in your SEVIS record, you are accumulating unemployment days and may have exceeded the permissible period of unemployment. If you have been employed during your OPT time, you must correct your SEVIS record. Please contact your Designated School Official (DSO) or utilize the SEVIS Portal to update your information. Failure to take corrective action may result in the initiation of immigration proceedings to remove you from the United States."This letter imposes a strict 15-day deadline on international students to update their SEVIS records from the date of issuance. Failure to comply will lead to the termination of their SEVIS status, potentially resulting in consequences like students represent a large portion of the international student population in the US. According to the Open Doors Report for the 2022–23 academic year, there were 2,70,000 Indian students in the country, including 69,000 enrolled in OPT programs. As a result, many Indian students have been affected by these to 'NAFSA: Association of International Educators', the wordings of the letter are identical to those issued in 2020 under the Trump-Pence administration. However, according to education and immigration experts, this time there appears to be an uptick in the number of letters that are being issued.'Traditionally, it's been the school's DSO that tracks SEVIS compliance, but since ICE administers the SEVP, they have been going in and terminating people who have accumulated more than 90 days of unemployment during their OPT,' Jath Shao, founder of an immigration law firm told TOI.'It is crucial to have employment, paid or unpaid, that is related to the major you graduated from. You must also promptly report your employment or unemployment to your school's DSO. We have seen some cases where DSOs failed to timely update graduates' employment status in SEVIS, but USCIS has reinstated the students' status upon correction of the record,' pointed out gravity of the situation has prompted NAFSA: Association of International Educators, to issue a special advisory. It recommends that DSOs should diligently monitor the 'Accrued unemployment days' alerts. This alert highlights students who have accrued unemployment days and shows their employment status as of the date the list was generated. Designated School Officials (DSOs) are encouraged to proactively reach out to students with a high number of unemployment days and remind them to update their employment details via the SEVIS Portal or directly through their DSO.(With TOI inputs)
