An F-1 student on OPT is facing serious trouble after receiving an RFE for a STEM OPT application. The USCIS Request for Evidence seeks a detailed record of all previous employment held during the OPT period.
The RFE appears to focus on verifying a genuine employer and employee relationship. USCIS has asked for documentation covering every OPT role held by the student in the past.
This includes the current position and a previous unpaid internship as a Data Analyst Trainee. The unpaid role has now become the main source of concern for the student.
The student joined the current employer only three months ago. While the present employer is cooperating and providing documents, the former employer has refused to share any supporting paperwork.
This refusal has resulted in a major documentation gap. The RFE clearly requests signed letters confirming job titles, job duties, duration, and salary details for each OPT position.
Experts have advised the student to at least obtain an offer letter from the previous employer. However, USCIS has also asked for complete bank statements from January 1, 2025 till the present date.
The bank statements must reflect all financial activity, including salary deposits. This requirement has complicated the case further, as the earlier role was unpaid and did not involve compensation.
According to experts, such RFEs are often issued when USCIS suspects possible employment fraud. Some Indian consulting firms are known to offer unpaid roles to students to meet OPT requirements.
Such arrangements are strictly prohibited by USCIS rules. Engaging in them can trigger closer scrutiny during STEM OPT review.
The student has been advised to collect all available digital proof of past employment. Seeking guidance from an experienced immigration attorney is crucial to respond properly to the RFE.
The situation remains highly sensitive. Any mistake could lead to STEM OPT rejection or even SEVIS termination, which would severely impact the student’s immigration status.
