International students in the U.S., particularly those on Optional Practical Training (OPT), are facing heightened scrutiny from U.S. Immigration and Customs Enforcement (ICE). An increasing number of students are receiving notices warning of potential termination of their SEVIS (Student and Exchange Visitor Information System) records—and possible deportation—due to gaps in reported employment information.
At the heart of the issue is a regulatory requirement that mandates strict reporting of employment during OPT. Under current rules, students are allowed a maximum of 90 days of unemployment over the 12-month OPT period. For those on the two-year STEM OPT extension, an additional 60 days is permitted. Any time beyond these limits without a recorded employer can result in a student falling out of status.
“The recent ICE letters indicate that a student’s SEVIS record will be terminated if there is no employer listed,” said Snehal Batra, managing attorney at NPZ Law Group. “This typically means the student either failed to report their OPT employment in time or exceeded the permitted unemployment period—both of which can lead to termination of status and removal proceedings.”
Batra noted a significant shift in enforcement: “Previously, SEVIS didn’t automatically terminate records after 90 days of unemployment. But now, with stricter oversight, students could unknowingly fall out of status simply for failing to report updates on time.”
OPT regulations require students to update SEVIS within 10 days of any employment change, including starting a new job, changing work locations, or losing a position. Failure to do so may result in automatic consequences.
One such ICE letter reads:
“Because there is no employer information in your SEVIS record, you are accumulating unemployment days and may have exceeded the permissible period. If you have been employed during your OPT period, you must correct your SEVIS record. Please contact your Designated School Official (DSO) or use 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.”
Students who receive such notices are typically given a 15-day deadline to update their employment records. If no action is taken, the consequences can be severe, including the termination of SEVIS records and potential deportation.
The Indian student community is among the most affected. According to the 2022–23 Open Doors Report, there are 270,000 Indian students in the U.S., with nearly 69,000 participating in OPT. Immigration attorneys confirm that many have been recipients of these ICE warnings.
NAFSA: Association of International Educators noted that the language in these letters mirrors those issued during the Trump-Pence administration in 2020. However, experts suggest that enforcement has ramped up in recent months.
“Traditionally, DSOs handled SEVIS compliance,” said Jath Shao, founder of an immigration law firm. “But now, ICE, which oversees the Student and Exchange Visitor Program (SEVP), is directly terminating records for students with more than 90 days of unemployment.”
Shao emphasized the importance of prompt and accurate reporting: “Students must have employment—paid or unpaid—that is related to their degree. They should immediately report any employment or unemployment changes to their DSO. We’ve seen cases where DSOs failed to update records in time, but if corrected, USCIS has reinstated the student’s status.”
In response, NAFSA has issued special guidance to schools, urging DSOs to monitor “Accrued Unemployment Days” alerts and to proactively follow up with students at risk of violating OPT requirements.
Advice for Students:
Students nearing the end of their allowable unemployment period should consider several options, said Poovi Chothani, managing partner at LawQuest, a Mumbai-based immigration law firm:
“Options include leaving the U.S. before the unemployment period expires, enrolling in another eligible academic program to maintain F-1 status, or applying to change to another visa category, such as a B-2 visitor visa.”
Batra also advised that students maintain detailed records of their OPT employment—including employer name, dates, supervisor details, hours worked, and job descriptions—which can support future immigration applications, such as a transition from F-1 to H-1B.
