Outline
OPT Fraud – AZTech, Integra Technologies, AndWill, and Wireclass
April 18, 2024
Key Insights
After reviewing serval government documents from various sources regarding the DHS investigation of these companies, it’s evident that the documents provide us with more detailed insights.
The DHS entitled the OPT fraud as Operation Bad Apple. however, DHS doesn’t just regard the student associated with AZTech, Integra, Wireclass, and AndWill as the “bad apples,” but also the F-1 students who were linked with them.
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The DHS Investigation into OPT Fraud
In case there is any uncertainty, the DHS documentation unequivocally states that these OPT sponsors were “shell companies” producing “fraudulent employment letters for F-1 students on OPT, STEM OPT, and CPT.” They utilized “virtual offices” and were not “legitimately operating businesses.” Looking back, this is common knowledge to us all.
The characterization of these students by DHS as knowing participants in fraud is concerning. There appears to be no middle ground in DHS’s perspective. According to DHS, the students did not actually work for these companies or receive payment. Instead, they utilized the fraudulent letters to maintain their F-1 student status, addressing periods of unemployment to extend their time in the US. Additionally, some engaged in illegal employment with other service businesses unrelated to their academic background.
DHS alleges that “some of” the students may have obtained a visa or H-1B status through fraud by falsely claiming to work for these companies. Looking ahead, DHS investigators will scrutinize “any other” applications submitted by these individuals, regardless of application type.
Actually, the DHS documentation fails to address the mindset of certain students when they accepted the offer, whether they were aware or believed that the offer was legitimate. There is no mention of the appearance of legitimacy of these companies – such as their E-Verify numbers, persuasive representatives, and the high rankings of AZTech and Integra alongside major companies like Facebook and Amazon as top OPT employers. It is noteworthy that it took DHS several years to apprehend the “bad apples” behind these companies. Additionally, there is no acknowledgment of the absence of warnings regarding potential bad actors from DSOs and universities, which were tasked with ensuring OPT compliance.
There is a lack of nuance or discussion regarding the “materiality” of the situation: some students were associated with these companies for only a brief period, totaling less than 90 days of unemployment (150 days for STEM OPT), and the majority of students independently qualified for the H-1B positions being offered, without presenting falsified credentials to employers, USCIS, or consular officers.
The DHS’s rigid, narrow-minded approach is filled with unjust, draconian repercussions: imposing lifetime bans on many individuals who have fallen victim to a scam. What’s more, USCIS is providing misleading information to applicants – approving petitions even after the allegations have been refuted in response to a Notice of Intent to Deny or Request for Evidence (RFE), yet entering a “hard” inadmissibility determination into the database without notifying the beneficiaries or their employers.
This information only comes to light after leaving the US and applying for a visa, making it extremely challenging for the applicant to contest the decision and leaving them stranded outside the US – possibly never to return again. There have even been reports of CBP misguiding individuals upon their departure from the US – interviewing them, assuring them not to worry about their visa status, and then, after departure, being informed by the consular officer of DHS’s determination of inadmissibility.
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