Tri-Valley University Case (2011)
In one sentence
The person issuing the I-20s was the one committing fraud: the president was personally sentenced to 198 months and the school was shut down; students' SEVIS records, and the work authorization that came with them, ended together.
Facts
Tri-Valley University (TVU) was in Pleasanton, California. Its founder, Susan Su, was also its CEO and president. According to the prosecutors' releases, she made false statements to DHS when petitioning for SEVP certification, then issued visa-related documents to foreign students in exchange for "tuition," and directed staff to fabricate transcripts. The indictment states that she signed the I-20s printed from SEVIS, sometimes forging the DSO's signature. The school was shut down in January 2011.
The role of CPT in this case rests only on indirect sources: news reports describing SEVP's notice of intent to withdraw certification say the school approved work unrelated to students' majors under the label of research or career training. The prosecutors' releases and the indictment do not use the word CPT.
Outcomes by party
| Party | Finding | Outcome |
|---|---|---|
| Issuer: school (DSO) | Held responsible | In 2014 a jury convicted Su on 31 counts, including visa fraud, wire fraud, mail fraud, false statements, alien harboring, and money laundering; sentenced to 198 months in prison, $5.6 million forfeiture, and $904,198.84 restitution |
| SEVP / ICE | Enforcer | Cancelled or terminated all of the school's SEVIS student records on January 18, 2011 |
| USCIS | Not in primary sources | — |
| Employer | Not involved | No employer was charged in any primary source |
| Students | Bore the status consequences | SEVIS records terminated; work authorization ended at the same time |
SEVP's notice at the time spelled out that a student's work authorization hangs on the SEVIS record, and ends when the record does:
Employment authorization for F-1 students at TVU terminated January 19, 2011. This is simply confirmation that when a student's SEVIS record is terminated, all work authorization stemming from the SEVIS record that has been cancelled or terminated is also terminated.
What this case shows
- When the issuer itself commits fraud, criminal liability falls on the individual who signed, and it can be severe.
- A student's CPT or OPT authorization hangs on the SEVIS record. When the school goes down and the record is terminated, the student's work authorization ends with it, regardless of whether the student knew anything.