At the Law Offices of Sabrina Li, we specialize in overcoming immigration obstacles that can seem insurmountable. Lately, we helped a recent computer science graduate successfully navigate his I-765 STEM OPT application. Despite facing significant challenges, including both a Request for Evidence (RFE) and a Notice of Intent to Deny (NOID), we were able to overcome these obstacles and secure a positive outcome. What made this case particularly complex was USCIS’s implied suspicion that the client might be involved in “pay-to-stay” OPT fraud. Through strategic defense and well-prepared arguments, we were able to secure approval within three weeks of responding to the NOID.
When our client, an international student, first engaged our services, the case seemed straightforward. USCIS issued an RFE in May 2024, requesting additional documentation to confirm the legitimacy of the client’s employment as a database engineer during his OPT. We worked closely with him to submit a comprehensive response, providing all the required documentation, including employment verification and details about the work he performed.
However, despite the thoroughness of our RFE response, USCIS found it insufficient and escalated the matter by issuing a NOID in July 2024. This time, USCIS made a more pointed suggestion that our client’s OPT employment might be part of a “pay-to-stay” fraud scheme—a serious accusation that could jeopardize both his status and his future in the U.S.
In response to the heightened scrutiny from USCIS, we crafted a comprehensive and strategic defense to clear any doubts about our client’s employment during his OPT period. A key part of our defense involved clarifying the legitimacy of the employment. The unpaid nature of the internship raised concerns for USCIS, prompting them to question whether it was valid. We addressed this by focusing on how the internship aligned with our client’s field of study and fully complied with the rules governing OPT.
The suspicion of fraud strongly hinted in the NOID necessitated a cautious and deliberate approach. We responded by thoroughly demonstrating the genuine nature of our client’s employment. Through detailed documentation, we illustrated the client’s active involvement in meaningful projects, leaving no room for doubt about the validity of the employment.
USCIS had also suggested that our client may have exceeded the allowable period of unemployment under OPT rules, which could lead to a loss of status. We worked with the client to collect documents showing that any gaps were within the permitted limits. Additionally, we emphasized that our client acted in good faith throughout the OPT period, adhering to all regulations.
Despite the initial RFE and subsequent NOID, we remained committed to presenting a compelling case that left no room for doubt regarding the legitimacy of our client’s employment. Our response not only addressed USCIS’s concerns head-on but also demonstrated that our client had fully complied with all requirements.
Just three weeks after submitting our response to the NOID, USCIS approved the client’s I-765 STEM OPT application.
In recent years, USCIS has increased its scrutiny of OPT/STEM OPT employment, particularly when it comes to unpaid internships or situations that may appear suspiciously linked to “pay-to-stay” schemes. If you are on OPT or STEM OPT, it is critical to ensure that all aspects of your employment are thoroughly documented and can withstand scrutiny. This includes maintaining detailed records of your job duties, performance evaluations, communications with supervisors, and project deliverables. Having this documentation readily available is essential to demonstrate the legitimacy of your employment, especially in the event of an RFE or NOID.
These notices are not just requests for additional information; they could indicate that USCIS has serious concerns about the application. To avoid negative outcomes, it is crucial to respond to RFEs or NOIDs promptly and comprehensively. Your response should not only include the requested documents but also proactively address any underlying concerns USCIS may have, particularly regarding the authenticity of your employment. Working with an experienced immigration attorney can help you navigate these challenges and avoid the potentially devastating consequences of fraud allegations.
By sharing this story, we hope to highlight the importance of professional legal guidance in overcoming immigration challenges. Our founding attorney, Sabrina Li, is certified by the State Bar of California as a legal specialist in immigration and nationality law. Under her leadership, our legal team is well-versed in handling complex immigration matters. If you or someone you know is facing similar issues, contact our office today at (213) 375-8096 or email info@sabrinali.law to ensure you have the best possible representation throughout your immigration journey.
Our attorneys possess diverse immigration experience and have an in-depth understanding of the complex interplay between various immigration laws, policies, and regulations, ensuring accurate and comprehensive guidance. We offer a full range of immigration services, addressing all aspects of your case while identifying potential opportunities and challenges.
We provide a tailored approach to each client's case, ensuring that you receive individualized attention and a customized strategy for your unique situation. We adjust our strategy as your needs or circumstances change, guaranteeing a seamless transition between different phases of your immigration journey.
Our team is composed of immigrant and first-generation American professionals, along with individuals from various cultural backgrounds. Many of us have firsthand knowledge of the challenges faced during the immigration process. This allows us to provide guidance and advocacy rooted in authentic understanding.
