Summary

• ICE’s Homeland Security Investigations (HSI) conducted site visits across Northern Virginia targeting companies employing F-1 student workers through the Optional Practical Training (OPT) program.
• Investigators uncovered evidence of noncompliance and potential fraud, including nonfunctional or staged worksites and unqualified supervisors.
• One employer listed its business address as a residential home reportedly employing dozens of foreign students.
• ICE reaffirmed its commitment to maintaining the integrity of the Student and Exchange Visitor Program (SEVP) and enforcing U.S. labor and immigration laws.

Introduction

The U.S. Immigration and Customs Enforcement (ICE), through its Homeland Security Investigations (HSI) division, has launched a targeted compliance operation in Northern Virginia aimed at employers who hire F-1 foreign students under the Optional Practical Training (OPT) program. The initiative follows growing concerns about fraudulent employment practices and inadequate oversight in companies sponsoring foreign students. Preliminary findings have revealed evidence of noncompliance and potential fraud, including reports of nonexistent workplaces and supervisors unfamiliar with federal employment requirements. ICE officials say the enforcement effort underscores their focus on preserving the integrity of the Student and Exchange Visitor Program (SEVP) and ensuring that U.S. immigration programs are not exploited.

Background

OPT is a program under the F-1 student visa that permits foreign students to work in the United States for up to 12 months following graduation, with an additional 24-month extension available for students in science, technology, engineering, and mathematics (STEM) fields. OPT is designed to provide practical experience directly related to a student’s area of study.

Employers participating in OPT must comply with federal labor laws and ensure that employment opportunities align with the student’s academic background. The program requires employers to maintain valid business locations, qualified supervision, and accurate documentation of work performed. Any failure to comply can result in penalties, including loss of certification to employ foreign students and potential criminal charges for fraud.

In recent years, the OPT program has drawn scrutiny from Congress, watchdog agencies, and national security officials due to reports of fraud, misuse, and job displacement concerns.

In response, ICE has intensified oversight through site visits, data audits, and investigations to confirm that employers are legitimate and that F-1 students are engaged in authorized work consistent with their educational qualifications.

Evidence of Potential Fraud

• According to ICE, investigators visiting several IT service companies in Northern Virginia found evidence suggesting fraudulent activity.
• This included businesses operating from residential addresses, inactive or staged worksites, and supervisors who demonstrated limited or no understanding of regulations governing the employment of F-1 students.
• One investigation revealed that a company claiming to employ dozens of foreign students was operating from a private home in a suburban neighborhood. ICE officials described this as an indicator of a possible “shell employer”.
• A shell employer is a company established solely to create the appearance of legitimate employment for visa purposes.

Best Practices for Employers

Know your workforce and employment status

• Maintain a clear understanding of each employee’s immigration status (e.g., F-1/OPT, STEM-OPT extension, H-1B, etc.) and the associated authorization to work.
• Ensure that for F-1/OPT or STEM-OPT employees, employment is directly related to the student’s major field of study and documented accordingly. For example, the site visits were investigating whether the employer’s representation matched the actual role of the student employee.
• If any student worker is placed off-site (for instance at a client’s location), ensure there is clarity on the employer’s control, oversight, and relationship to the student/trainee. In the recent visits, lack of oversight or supervision raised red flags.

Document and retain employment and training-plan records

• For STEM-OPT employees, ensure you have a properly completed and signed Form I-983 (“Training Plan for STEM OPT Students”) that accurately reflects duties, supervision, evaluation, learning goals, and that those match the actual work being done.
• Keep organized records of: job-title and description, supervisor name, worksite location(s), hours worked, compensation, evaluations, and how the work is “directly related” to the student’s field of study.
• Maintain these records in a way that they can be promptly produced in case of a visit, audit or inquiry by ICE or other immigration/compliance agencies. One guidance article notes that site visits will verify that what was represented in the I-983/training plan is indeed the reality on the ground.

Conduct internal audits and self-reviews of compliance

• Periodically review your workforce and practices for alignment with immigration/authorization requirements: check that job duties match training plans, that supervision is meaningful, that worksites are functional (not staged), that hours worked and compensation align with what was represented.
• Identify potential “weak spots” (for example: third-party placements, students working remotely/at home where supervision is thin, duties outside the field of study) and rectify them proactively.
• Train HR, hiring managers, supervisors on immigration compliance risks and the potential consequences of non-compliance (e.g., termination of employment authorizations, penalties, reputational risk). The recent visits show that non-functional worksites and lack of oversight can trigger enforcement.

Ensure the physical worksite matches representations

• One of the enforcement themes in the recent Northern Virginia visits was that worksites appeared “non-functional or staged” (e.g., a home office listing many workers but little visible activity) which triggers suspicion.
• Make sure the address you report is indeed used, the worksite is operational, there are supervisors onsite, employees are performing genuine tasks. If remote or hybrid work is involved, ensure documentation of where work is performed and how supervision/oversight is maintained.
• If you subcontract or place students at client sites, ensure you have proper written agreements, oversight mechanisms, documented control and supervision, and that the client site is aware of compliance expectations.

Align job duties, compensation and oversight with training plan commitments

• Verify that what was promised in training plans (for students) or visa petitions (for other categories) matches what is actually being done. For STEM-OPT, employers must attest that the compensation is commensurate with similarly situated U.S. workers.
• Ensure the supervisor is reasonably qualified, available, and actively overseeing the student/employee’s progress. If an employer signs a training plan but has minimal supervision, the site visit may find this problematic.
• Maintain evidence of ongoing evaluations, feedback, and progress as required by the training plan or visa requirements.

Use compliant hiring / verification systems (Form I-9, E-Verify if applicable)

• Although the recent visits focused on F-1/OPT student workers, the general principle holds: verify identity and employment authorization for all employees, maintain accurate and timely I-9 records, correct any errors, and if your state or contract requires it, participate in E-Verify.
• Ensure that HR is updated on the latest I-9 rules, retaining the appropriate documents, safe-storing them, and completing re-verification when required.

ICE’s recent operations in Northern Virginia mark a renewed focus on ensuring compliance within the Optional Practical Training framework. Employers must ensure that actual operational practices align with the formal representations (training plans, job duties, worksites, supervision, etc.). By following the best practices above, employers can better position themselves to withstand audits or visits, reduce compliance risk, and support their workforce more reliably.

Source

https://www.ice.gov/news/releases/ice-conducts-visits-employers-northern-virginia-ensure-legal-compliance-when-hiring