ICE Flags Nearly 10,000 Foreign Students for OPT and STEM OPT Visa Misuse

ICE has flagged nearly 10,000 foreign students for possible misuse of OPT and STEM OPT visas. This action, reported on May 13, 2026, targets issues like shell companies and fake job setups. Students on F-1 visas now face risks to their status in the U.S.

The probe looks at Optional Practical Training (OPT) and its extension for STEM fields. These programs let international students work in their field after graduation. But ICE claims some students used fake employers or did not follow rules. This could lead to SEVIS record termination and removal from the country.

Details of the Investigation

ICE started this review across eight states: Texas, Virginia, Georgia, Illinois, New York, New Jersey, North Carolina, and Florida. Agents found signs of fraud, such as shell companies with shared websites and the same job postings. Some firms had overlapping managers and listed students as “phantom employees” who never showed up to work.

Other problems include students placed at hidden third-party sites. Supervision often came from outside the U.S., like India. Companies even charged students fees for sponsorship or fake records. These setups break rules for real employer-employee links and proper training.

Legal Risks for Students

F-1 students must keep valid employment to stay in status. Even with an approved work card, fake jobs can end that. For STEM OPT, Form I-983 requires a training plan and U.S.-based oversight under federal rules like 8 C.F.R. § 214.2(f)(10)(ii)(C).

ICE may charge students with status violations or fraud under INA § 237(a)(1)(C)(i). Fraud needs proof of knowing lies about jobs. Status issues focus on rule breaks. Active SEVIS records do not protect against future action.

Students might face visa revocation, court hearings, or blocks on future U.S. applications. Fraud findings limit options like waivers, which need strong family ties.

Here is the latest June 2026 Visa Bulletin data for context:

Category	India	China	Rest of World
EB-1	Dec 15, 2022	Apr 01, 2023	Current
EB-2	Sep 01, 2013	Sep 01, 2021	Current
EB-3	Dec 15, 2013	Aug 01, 2021	Jun 01, 2024
F-1	Sep 01, 2017	Sep 01, 2017	Sep 01, 2017
F-2A	Jan 01, 2025	Jan 01, 2025	Jan 01, 2025

Impact and Student Numbers

The 10,000 flagged students are less than 0.3% of all F-1 holders. Many may be from India, but ICE has not said how many. No exact count exists yet for cases in court or terminated.

Students can fight back with proof like pay stubs, emails, work logs, and training docs. Lawyers check if jobs were real, even with odd setups. Weak records differ from fraud.

Steps for Affected Students

Save all papers now: offer letters, pay records, Form I-983 plans, work samples, and site proof. Check SEVIS and EOIR online. Avoid filing changes without a lawyer, as it could hurt your case.

Deadlines for hearings or evidence are short. Contact ICE or USCIS replies need review first. Use resources like AILA for lawyer help.

This probe shows ICE will check employer details closely. Real work, pay, and U.S. supervision matter most.

Conclusion

The ICE action on STEM OPT visa misuse warns students to verify their jobs. Nearly 10,000 face checks, but proof can help. Talk to an immigration lawyer soon to protect your status. Stay informed on SEVIS and rules to avoid pitfalls.