Study in USA: Indian students get re-entry to US after OPT scam

US district court judgement brought relief to more than 90 international students which comprised mainly Indians who were denied visas and barred from re-entering the US due to an OPT scam.

US OPT Scam: Over 90 international students were denied visas due to an Optional Practical Training (OPT) scam. Now, a US district court has lifted the OPT scam sanctions for these students including Indian students.

These students were victims of the OPT employers. OPT allows international students to work in the US with a large number in STEM fields. Under the scam, some of the companies falsely provided jobs to graduates but were later exposed as fraudulent.

As per the Hindustan Times report, one student from Chennai said that he was turned away by US customs officials after a short trip. He was denied entry as he briefly worked for a blacklisted OPT-certified company.

OPT scam bans lifted by court

"It confirmed that these former students are not inadmissible to the US or ineligible for visas solely based on their employment with fraudulent OPT companies. With the inadmissibility lifted, these plaintiffs have now regained another opportunity to live and work in the United States," said Attorney Jesse Bless, representing the plaintiffs.

Moreover, Bless added that after negotiations, the US Department of Homeland Security (DHS) agreed to review its records.

OPT scam companies were DHS-certified

Attorney Jonathan Wasden informed TOI that the scam involved companies certified by the Department of Homeland Security (DHS) through the E-Verify system. The graduates were interviewed and offered employment in consulting roles for questionable training programs, often priced under $500. These companies were DHS-certified for years but eventually, DHS raided these companies, seized employee lists and cross-referenced names that also included the names of these students. 

He advised students to be careful about companies that charge for training and immediately report suspicious activities to DHS through legal representation. Being aware and reporting the suspicious activities if suspect fraud will protect students and ensure their OPT opportunities remain secure, added Attorney Jonathan Wasden.

OPT Program Details

OPT program is to provide international students an opportunity to work with US companies. STEM (Science, Technology, Engineering, and Math) students can extend their work authorization by two years. During the 2022-23 academic year, nearly 69,000 Indian students in the US were on OPT, representing almost a quarter of the total 2.7 lakh Indian student population, according to the Open Doors Report.

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