A celebratory, though rare, event—being selected in the H1B lottery—became uncertain for a foreign student when a DWI (driving while intoxicated) charge resulted in the cancellation of their SEVIS record.
The case has yet to be filed and the process is still ongoing. But the immigration consequence was swift: SEVIS was cancelled, and options such as reinstatement or litigation were deemed to be high-risk and costly by several lawyers.
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A few immigration attorneys recommended consular processing from the candidate’s home country as the safest path. The catch? The sponsoring employer refused to assist or fund that process, saying outright that the problem was the candidate’s to solve—and providing only two months to figure it out.
In the meantime, the company has already started the search for a replacement. With no support and no legal mandate in the U.S., the person is now thinking of returning to India to work for a new employer, at least until this DWI case is over.
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A criminal lawyer validated that even if the person is out of the U.S., the case may be closed. However, coming back in the future might have its issues based on how the case will be marked and closed in the end.
For most on OPT or student visas, this is a harsh reminder: one error—particularly one with legal ramifications—can upend years of work. And when it does occur, support from employers is not always assured.21 April 2025
