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ICE Commences On-Site Inspections for STEM OPT Employment

September 26, 2019 Leave a comment

Our office has learned that ICE (http://www.ice.gov) has started to conduct on-site inspections for STEM Optional Practical Training (OPT) employment.  The site visits are aimed to address how the salary of STEM OPT employees is determined, whether there is sufficient structure to provide supervision and training of the employee, and the nature of the employer/employee relationship at any third-party worksites.  According to https://studyinthestates.dhs.gov/: Site visits will be limited to checking information related to student STEM OPT employment and ensuring that students and employers are engaged in work-based learning experiences that are consistent with the information supplied on the student’s Form I-983.

The length of the site visit appears to be about 1-2 hours but it could take up to five hours.  ICE normally gives two days’ notice via email to the STEM OPT employee’s manager/supervisor unless such visit is pursuant to a complaint in which case a notice would be unlikely.  It is important to note that in order to qualify for a STEM OPT extension, the student and the employer must complete Form I-983, providing specific information about the training program and agreeing to notify the Designated School Official (DSO) if there are any material changes to the training program. In addition, the Form I-983 must be regularly updated with the student’s progress in the training program.  However, the I-983 is not included with the application for STEM OPT, and as a result, it is generally not reviewed by USCIS or ICE at all (unless requested by USCIS via a Request for Evidence (RFE).

In light of the inspections, we remind you that employers as well as the students must carefully review the I-983 and instructions, and update it as needed.  Moreover, both the employer and the student should be familiar with the content of the I-983, and be prepared to describe the training opportunity to an ICE officer.  Even without a site visit, compliance is extremely important. The I-983 creates obligations certified by both the student and the employer. Violations could result in termination of student status, or impact future adjudications if USCIS or consular officers note discrepancies between the I-983 and online information or resumes submitted. There are also reports that the USCIS Vermont Service Center has started asking STEM OPT employers to email the I-983 plan as part of I-765 adjudication.  As with any site visit, front-line employees, such as security officers or administrative staff, should ask the ICE officer for a business card, and ask the officer to wait until a designated person at the worksite is called.  The ICE officer may want to tour the worksite, but best practice is to have the officer accompanied by the designated person on site.

 

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24-Month STEM OPT Rule

March 12, 2016 Leave a comment

Final rule pertaining to STEM OPT has been published in Federal Register.  As per the rule, beginning May 10, 2016, students will be able to apply for STEM OPT for a period of 24 months.  The 17-month STEM OPT rule will remain in effect until May 9, 2016.

Few Points:

-If a 12-month OPT is expiring before May 10, 2016, students will be eligible to apply for STEM extension requesting no more than 17 months.

-If a 12-month OPT is expiring on or after May 10, 2016, students will be eligible to apply for STEM extension requesting 24 months.

-If a student has 17-month STEM approval, he or she may apply for the remaining 7 months of additional STEM extension.  There are three specific requirements surrounding this:

1) Properly file a Form I-765 on or after May 10, 2016 and on or before August 8, 2016, and within 60 days of the date the DSO enters the recommendation for the 24- month OPT extension into the student’s SEVIS record, with  fees and documents, including a new Form I-20 endorsed on or after May 10, 2016, indicating that the DSO recommends the student for a 24-month OPT extension, a completed and signed Form I-983 Mentoring and Training Plan.
2) Have at least 150 calendar days remaining prior to the end of his or her 17-month OPT extension at the time the Form I-765, is properly filed.
3) Meet all the requirements for the 24-month OPT extension, except the requirement that the student must be in a valid period of standard 12-month post-completion OPT at the time of filing.

More information will be posted as the USCIS releases guidance, instructions, and/or FAQs.

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