DHS Announces Crackdown on OPT Fraud
information provided to DHS. Under the Biden administration, the
fraud escalated even further. Today we're announcing
that we have identified
over 10,000 foreign students who claim to be working for
highly suspect employers, and that's just among the top
25 OPT employers. This is only the tip of the iceberg.
Over the past year, we've dramatically expanded our oversight
of
OPT and can report that we've found fraud
nationwide. HSI agents have visited pro- have visited
problematic OPT employer work sites in Virginia, Texas,
Georgia, Illinois, New York, New Jersey, North
Carolina, and Florida. Many of these employers include NGOs
engaged in suspicious activity. We've discovered empty buildings
and locked doors at addresses where hundreds of foreign students are allegedly
employed. In many cases, multiple OPT employers claim
to operate from the same address, but none actually lease the facility.
We found small residential addresses listed as work sites for hundreds of
foreign students, yet no employees were present.
When someone does answer the door, their statements are inconsistent,
or they claim
no knowledge of the business. We're also seeing financial red flags.
Many alleged employers display clear fraud indicators including tax
liens, civil lawsuits, collections, and breaches of contract.
And we are seeing suspicious financial tractions moving cash across multiple
countries.
We've discovered that numerous businesses fail to maintain
basic employment records
for the foreign students, raising serious tax reporting concerns.
Some employers claim to have offshore human resources and payroll personnel.
And finally, we're finding what we call phantom
employees.
We've identified foreign students who obtain work authorization documents
through
OPT, but never showed up for work at the sites
they claimed.
While we can't share details of ongoing investigations, I can assure you that more
information is forthcoming and that we are taking this fraud very seriously.
With that, I'll turn it over to the acting executive
associate director for
HSI, Mr. John Carmen, who can speak in greater detail. John.
Thank you, Director Lyons. Last week, HSI investigators and compliance
officials conducted site visits at 18 OPT work sites in
North Texas.
Our findings were alarming. We discovered coordinated employer
clusters where
numerous employers in the same building complex are running nearly identical
websites,
sharing job postings and management personnel,
but claiming no business
relationships with each other.
We found shell company schemes where multiple OPT employers
are established by the
same owner/operator, indicating a deliberate scheme to
structure income
and evade taxes.
We have encountered employers who claim only a handful of OPT employees,
despite our records showing that hundreds of students claim to work
there.
To give you an example, one employer we visited claimed to employ
only three
foreign students through OPT, while our records show over 500
foreign students claiming to work there.
The company's representatives were unable to answer basic questions
about the
business and deferred HR managers in India.
OPT employers are required to directly train foreign students, but
we've seen multiple examples of alleged employers claiming that all management is
overseas in India.
We've also discovered multiple state networks where are lar- which are large
networks of alleged employers claiming to train thousands of foreign students in
OPT,
then farming them out to unreported third-party employers, making
oversight nearly impossible and raising serious national security
issues.
And we found potential evidence of international financial fraud.
Our investigators have discovered questionable financial networks crossing
multiple
countries involving numerous bank accounts and complex transactions.
These cases aren't limited by geography.
In Houston, we found an alleged OPT employer accused
of
pay to stay visa fraud who was charging students under the table
to help them fraudulently ta- maintain visa status.
The phony employer had never operated from the listed address, and over 100 foreign
students allegedly employed there were nowhere to be found.
In Georgia, we found an alleged IT company's address
was nothing but a PO
box.
The owner operated a second related company across the street, also
allegedly employing dozens of foreign students.
The location was empty. One of the company's websites was flagged
by DHS firewalls as b- as potential malware, a common marker of
fraudulent OPT employers.
In New Jersey, we discovered an OPT employer who claimed
to employ over
150 foreign students but couldn't answer basic questions about
who they
were or what they were hired to do.
We only encountered one of these students who revealed he had not worked for the
listed company in over a year. He was instead being trained by a company
based in India.
And in a New York condo allegedly housing dozens of foreign students,
a supposed employer became visibly upset and denied any knowledge of the company,
despite DHS records and student reports confirming
otherwise. A foreign student confirmed the individual
was the owner, but could
not explain his denial. HSI will continue to investigate these
cases
among several others. Director Lyons.
Thank you, John.
Let me be clear. Foreign students themselves
are entering false
addresses and employer names into the Student and Exch- Exchange
Visitor Information System.
But we are uncovering evidence of organized fraud that spans national and
international borders. This is not accidental.
It is deliberate, coordinated, and criminal.
DHS will relent- relentlessly investigate, disrupt, and refer for
prosecution anyone who exploits our programs.
We've intensified our vetting at consular posts overseas, targeting
trafficking, forced labor, document fraud, and unauthorized
employment among student visa applicants.
I commend our HSI agents and support staff for their unwavering
commitment to
defending the integrity of the Student and Exchange Visitor Program.
This fraud is not victimless. It is a blatant attack on the goodwill of the
American people who generously allow foreign nationals access to our
education system.
If you're an employer or a foreign student engaged in fraud
against the United
States, you are advised to return home or surrender
immediately. The criminal, civil, and immigration consequences
for fraud are severe and unavoidable.
We will not tolerate abuse of our programs, and more actions are
forthcoming. Thank you.
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