OPT

I-485 Notice of Intent to Deny Due to OPT Fraudulent or Scam Employers, INA 212(a)(6)(C)(i), and INA 245(a) or INA 245(c)(2): What It Means and What to Do

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Many international students on F-1 visas use Optional Practical Training (OPT) as a bridge to employment and eventually a green card. But in recent years, USCIS has increasingly issued I-485 Notices of Intent to Deny (NOIDs) citing employment with fraudulent or scam OPT employers. These NOIDs often reference INA 212(a)(6)(C)(i) for misrepresentation and INA 245(a) or INA 245(c)(2) for failure to maintain lawful status.

If you’ve received an I-485 NOID based on OPT fraud or alleged violations, it’s important to understand what it means, the risks involved, and what steps you can take to save your case.

Why Does USCIS Issue I-485 NOIDs for OPT Fraud?

Over the past decade, several fake OPT employers and consulting companies have been exposed for creating fraudulent job offers or “benching” practices. Even students who did not knowingly participate have faced immigration consequences simply for listing these employers on their records.

Common issues that trigger an I-485 NOID for OPT include:

  • Working for an employer flagged by ICE or USCIS as fraudulent
  • Being paid without proper W-2s or payroll records
  • “Benching” (being unpaid or out of status between projects)
  • Failing to update SEVIS with accurate employment information
  • Using third party placement agencies that do not meet USCIS standards

When USCIS finds these problems, they may accuse applicants of status violations or misrepresentation. A list of companies have been accused by the US government of being fraudulent or otherwise violating US immigration laws.

DOJ – Sentencing of Weiyun “Kelly” Huang

  • Chinese Businesswoman Sentenced to 37 Months in Federal Prison for Conspiracy to Commit Visa Fraud. This describes how Huang and her companies (Findream, Sinocontech) allowed ~2,693 foreign nationals to list these companies as employers even though they did no real work, and how those companies provided false verifications, offer letters, payroll/tax documents, etc. Department of Justice

ICE (via DHS) – Indictment of Huang / Findream / Sinocontech

  • “Chinese businesswoman indicted on student-visa, work-visa fraud charges.” This ICE release from 2019 details the charges of conspiracy to commit visa fraud and visa fraud against Findream LLC and Sinocontech LLC; it outlines their scheme: fake verifications, offer letters, advertisements targeting F-1 students. ICE

DOJ – Illinois District Court Document

  • The charging document laying out allegations: that Huang, Findream, and Sinocontech conspired to falsely claim employment for many F-1 and H-1B visa applicants, including false I-983/OPT training plans, payroll, issuance of 1099 forms, etc. Department of Justice

OPT fraud issues have also been associated with

  • Findream LLC
  • Sinocontech LLC
  • AzTech Technologies
  • Integra Technologies
  • Wireclass
  • Andwill
  • Tellon Trading
  • Arecy
  • Masswell / Masswell Development Group
  • CG Max Design
  • Global IT Experts
  • Apex IT Systems Inc.
  • XCG Design
  • Smoothies Technology Inc.
  • New Beast
  • CloudParticle
  • Abroad Intellect Capital
  • Acuty
  • Dealfar
  • Abroad Intellect Capital
  • Prior Media

Legal Grounds Often Cited in I-485 NOIDs

When your case is challenged, USCIS usually cites:

  • INA 212(a)(6)(C)(i): Willful misrepresentation of a material fact – claiming that you misrepresented your employment or violated status.
  • INA 245(a)/INA 245(c)(2): Ineligibility to adjust status – arguing that you failed to maintain lawful nonimmigrant status due to unauthorized employment or fraudulent work.

These findings are serious, and without a strong response, your I-485 adjustment of status can be denied.

What Should You Do If You Receive an I-485 NOID for OPT Fraud?

If you’ve received an I-485 Notice of Intent to Deny (NOID) based on OPT fraud or a scam employer, the worst thing you can do is ignore it or try to handle it alone. A NOID is not a final denial but it is your last chance to save your green card application. You usually have just 30 days to respond, and USCIS expects a detailed, well documented answer.

The first step is to review the allegations carefully to understand why USCIS believes your OPT employer was fraudulent. We have helped clients facing OPT-related NOIDs by building persuasive legal arguments and won their cases. With the right strategy, many applicants have been able to overcome these allegations and move forward to green card approval.

How We Help Clients Facing I-485 NOIDs for OPT Fraud

When USCIS issues an I-485 NOID for OPT fraud, it can feel like everything you’ve worked for is about to collapse. But with the right legal strategy, these cases can often be turned around. Our firm has successfully helped clients respond to NOIDs citing INA 212(a)(6)(C)(i) for misrepresentation and INA 245(a)/(c)(2) for failure to maintain status.

We start by conducting a deep review of your case history to identify exactly why USCIS flagged your OPT employer. Then we build a tailored response that demonstrates you acted in good faith and complied with the rules. We gather critical evidence that proves your employment was legitimate. At the same time, we prepare a legal brief that challenges USCIS’s assumptions and highlights why you remain eligible for adjustment of status.

Our goal is simple: to protect your green card application and prevent USCIS from punishing you for an employer’s misconduct. With our experience and proven strategies, we’ve helped many clients overcome OPT related NOIDs and secured their permanent residency.

Turn a H1B NOID Into a Green Card Approval With Our Help

Receiving an I-485 Notice of Intent to Deny due to OPT employer fraud is serious, but it doesn’t have to end your immigration journey. By responding quickly with strong evidence and legal arguments, you can often overcome these allegations and move forward toward green card approval.

If you’ve received an I-485 NOID citing INA 212(a)(6)(C)(i) or INA 245(a)/(c)(2), contact us immediately at 305-515-0613 or email info@messersmithlaw.com. We’ll review your case, prepare a strong defense, and fight to protect your future in the US.

Solutions to OPT and STEM OPT allegations of INA 212(a)(6)(C)(i) fraud related to AZTech, Wireclass, Global IT Experts, and Findream

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INA 212(a)(6)(C)(i) fraud related to AZTech, Wireclass, Global IT Experts, and Findream

Over the past three years, tens of thousands of F1 visa students have been permanently banned from returning to the United States pursuant to INA 212(a)(6)(C)(i).  Some students were refused visas at the Embassy abroad and others have been removed from the country from US immigration.  The reason?  Their connection to companies like AZTech, Wireclass, Global IT Experts, and Findream while in OPT status.

OPT is a 12-month work authorization available to F1 visa holders who have been full-time students for at least two consecutive semesters and plan to seek employment in the United States in their fields of study.  Certain F-1 students who receive science, technology, engineering, and mathematics (STEM) degrees may apply for a 24-month extension of their post-completion OPT.  A job offer is not required to apply for OPT but foreign students are only allowed a cumulative total of 90 days of unemployment. Many students who had trouble fining employment within 90 days of obtaining their OPT turned to companies such as AZTech, Wireclass, Global IT Experts, and Findream who offered to train and place them in positions within their field.  For many of these students who accepted these offers were asked to pay for training that was never provided and the promised job placement never occurred.  Because these students reported that they found employment through one of these companies but, through no fault of their own, never actually obtained employment, ICE, USCIS, and the US Embassy have taken the position that these students are guilty of immigration fraud.

Those accused of fraud under INA 212(a)(6)(C)(i) received a lifetime ban from entering the United States and those who were also removed from the US received an addition bar of reentry of five years or longer.  Fortunately for these students, there are several ways to overcome this ground of inadmissibility.  The first being a nonimmigrant visa waiver.  A nonimmigrant visa waiver provides temporary forgiveness of a past fraud charge.  Another option is to dispute the fraud accusation with the relevant government agency that levied the fraud accusation.   We have successfully helped many clients connected with alleged OPT fraud obtain waivers or getting the fraud charges removed from their records.  This is not an easy or simple process but it is very rewarding to clear an innocent person’s name.  Victims of fraud should not be banned from the US. If you have a similar case or would like to avoid this potential problem, contact our office through our website or give us a call at 305 515 0613. We look forward to helping you win your case like we have for thousands of other clients.

Self Employment in OPT and H1B Status

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I have a question, and i hope you can help me with it.

I am on F1 student visa. i am doing my masters in accounting also planing to sit for the CPA.

I know that after graduation you are allowed to take OPT and work for up to 12 months. while your are on the OPT you are allowed to be self emloyee, during that period i want to open my own CPA firm or atleast bookkeeping office and be self employed.

My question is if i open my own accounting office can i soponser my self with an H1 VISA?

A student on OPT may start a business and be self-employed. The student must be able to prove that he or she has the proper business licenses and is actively engaged in a business related to the student’s degree program. The rules are quite different for an H1B visa. In order to obtain an H1B visa with your own firm, you must establish that you firm is separate from you and has a certain level of control over your actions. The best way to do this is to have a minority interest in your firm, i.e., get a partner or two.