Rahul Reddy from the RN Law group reported that F-1 students who were holding approved OPT and STEM extension with Integra technologies and AZTech have received emails from the US Embassy in Mumbai regarding cancellation of their F1 visa under 221(i).
It is said that both the companies were hiring students by accepting money in lieu of an employment offer letter to apply OPT EAD.
According to ICE’s SVEP data and RN LAW’s report
- Integra Technologies, LLC, based in Wilmington Delaware, hired 3,517 students.
- AZTech had 1165 students on roll for pre and post-completion OPT
CBP sensed the pattern and has investigated their visa fraud.
US Embassy Visa Cancellation Email
Dear Visa Holder:
This email is to inform you that your U.S. visa has been revoked pursuant to section 221(i) of the Immigration and Nationality Act (INA) and is no longer a valid travel document. This revocation is effective immediately as of 2020.
If you are physically present in the United States at this time. the revocation will become effective immediately upon your departure from the U.S.
Additional information became available subsequent to the issuance of your visa that may affect your eligibility for a U.S visa henceforth. This decision cannot be appealed. If you wish, you may reapply for a U.S. visa at any time.
If you choose to reapply. you are required to submit a new application form and photo and pay the visa fee again. You must also reappear before a U.S. Consular officer to establish your eligibility for a visa before being permitted to apply for entry to the United States.
Sincerely.
Nonimmigrant Visa Unit, U.S. Consulate, Mumbai
The email was sent to the students regarding the cancelation of their visa stamp and not i797 approval from USCIS. Usually, in such cases, the US Embassy also requests USCIS to revoke any i797 permission granted or approvals issued to the students. This process is known as NOIR (Notice of intent to revoke)
If you receive a NOIR, you can get a chance to present your new documents to prove your case, but in this case, no such thing is issued. The email from the US embassy has not given any chance of appeal though. So basically, students now have no opportunity of proving their side.
It is better to avoid paying for a VISA or joining DAY 1 CPT program as it can harm your future, although it might benefit your present.
Chances of New visa?
Although the US Embassy visa cancellation email does say that you can apply for a new VISA, there are very few chances of getting approval for it.
Rahul mentioned that if a false employment letter was used and a visa has been canceled at a later date due to false employment letter, then it is possible that you may be banned from entering the US. You can ask for a waiver, but there to chances of approval are very low.
Can I be Deported?
As mentioned in the attorney’s report, many people have also been deported from the USA when they had an employment offer letter from Integra Technologies or AZTech Technologies.
If you have received such an email, there are high chances you, too, CBP and department of state may have a deportation order against you.
You might be able to still challenge the deportation, but chances to get a stay in immigration courts are very low.
Source: AM22 Tech