On August 28, 2020 SEVP sent DSOs Broadcast Message 2008-03: SEVP to Mail Notices to OPT Students Without Employer Information, informing them of its plan to mail notices to OPT students "who have not reported employer information and have exceeded 90 days of unemployment." The message SEVP plans to send to these students gives them 15 days from the date of the notice to update their SEVIS record with employer information or their records will be terminated. The text of the broadcast message is reproduced below.
The broadcast message, sent via email to DSOs, also included an attachment consisting of a draft of what SEVP will mail to students "who have not reported employer information and have exceeded 90 days of unemployment" specified at 8 CFR 214.2(f)(10)(ii)(E). The student notice tells students who receive it that:
"Because there is no employer information in your SEVIS record, you are accumulating unemployment days and may have exceeded the permissible period of employment. If you have been employed during your OPT time, you must correct your SEVIS record. Please contact your DSO or utilize 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.
If your SEVIS record is not updated within 15 days of the date of this notice, SEVP will set your SEVIS record to "terminated" to reflect the lack of employer information and the potential that you may have violated your status either by failing to timely report OPT employment or by exceeding the permissible period of unemployment while on OPT."
Given the wording of the broadcast message and the draft message to students, it appears that SEVP is focusing for now on students who have been within a period of standard post-completion OPT for at least 90 days without any employer information in SEVIS.
Broadcast Message: SEVP to Mail Notices to OPT Students Without Employer Information
To: DSOs and PDSOs at SEVP-certified schools
Date: Aug. 28, 2020
Nonimmigrant students and designated school officials (DSOs) must remember to report employer information related to Optional Practical Training (OPT) in the Student and Exchange Visitor Information System (SEVIS). Without this information, students could be viewed as having failed to obtain employment and potentially be considered out of status for exceeding permissible periods of unemployment while participating in OPT.
The Student and Exchange Visitor Program (SEVP) is conducting a review of SEVIS records for OPT participants and is mailing notices directly to students who have not reported employer information and have exceeded 90 days of unemployment. The notice informs students of their lack of employer/employment information and provides an opportunity for them to update their records either through their DSO or directly through the SEVP Portal. If the student's SEVIS record is not updated, SEVP will set the record to "terminated" to reflect the lack of employer information and the potential that the student may have violated their status either by failing to timely report OPT employment or by exceeding the permissible period of unemployment while on OPT.
For additional information, please reference the attached notice, "Failure to Report Employment While on Optional Practical Training," that SEVP will mail to students.
DSOs or students with questions about this notice should contact the SEVP Response Center via email at [email protected] or by telephone at (703) 603-3400 or (800) 892-4829. Additional information about how to report student employer information is available on Study in the States in both the SEVIS Help Hub and SEVP Portal Help section. DSOs may also contact their local SEVP field representative with any questions.
To comment on this Broadcast Message, please email
[email protected]with "Broadcast Message 2008-03 – Comment" entered in the Subject line.
This Broadcast Message is not a substitute for applicable legal requirements, nor is it itself a rule or a final action by SEVP. It is not intended to, does not, and may not be relied upon to create any right or benefit, substantive or procedural, enforceable at law by any party in any administrative, civil or criminal matter.