2021

People thought that with the passing of the Trump Administration, Department of State visa policies would become more tempered and that enforcement would moderate from the Trump-era extremes.  People, unfortunately, could not have been more wrong. Statutes of limitations exist for good reason: due process, basic fairness, evidence that becomes stale over the years, the disappearance or death of witnesses, fading memories, and to prevent inconsistent decisions.  But as discussed in a previous blog, there is no statute of limitations in visa law. And so consular officers are free to go back and review previous visa applications and time spent in the United States to determine whether a misrepresentation (Section 212(a)(6)(C)(i))  had been made at the time of the visa application or at the time of entry to the United States, or whether the individual had engaged in alien smuggling (Section 212(a)(6)(E)).  Critically, this holds true whether a consular officer…

We have been able to review some of the government documents relating to the DHS investigation of these companies. Needless to say, the documents are eye-opening.  The government investigation into the OPT scandal is entitled Operation Bad Apple. But unfortunately, DHS considers not only the people behind AZTech, Integra, Wireclass and AndWill as the “bad apples,” but the F-1 students who were associated with them as well. Lest there be any doubt, the DHS documentation makes clear: these OPT sponsors were “shell companies”. These companies produced “fraudulent employment letters for F-1 students on OPT, STEM OPT, and CPT.” They used “virtual offices” and are not “legitimately operating businesses.”  In retrospect, we all know that. But the broad brush which DHS paints the students – as knowing participants in fraud – is alarming. There does not appear to be any gray area. Per DHS, the students did not work for these…

After the ICE press conference in October, it appeared that the US Government was winding down its investigation of AZTech, Integra, Andwill and Wireclass.  It appeared that those associated with The Four companies would be getting resolution one way or another. That conclusion, it turns out, was premature. As you know, there are four US government agencies primarily involved in the administration and enforcement of US immigration laws. They are Immigration and Customs Enforcement (ICE), Customs and Border Protection (CBP), US Citizenship and Immigration Services (USCIS), and the Department of State through its local embassies and consulates.  ICE are the immigration police; it also is responsible for the administration of the SEVIS and OPT programs.  CBP includes the airport and port-of-entry inspectors who verify the admissibility of individuals to the United States. USCIS adjudicates immigration benefits, including H-1B petitions, I-765 employment authorization applications, changes/extensions of status, and green card applications….