If you are an employer who wants to provide a practical training opportunity to a STEM OPT student during his or her extension, you must:
- Be enrolled in E-Verify and remain in good standing.
- Report material changes to the STEM OPT student's employment to the DSO within 5 business days. Material changes or deviations from the original Form I-983 include, but are not limited to:
- Change of Employer Identification Number resulting from a corporate restructuring;
- Reduction in student compensation that is not tied to a reduction in hours worked;
- Significant decrease in hours per week that a student engages in a STEM training opportunity;
- Changes to the employer's commitments or student's learning objectives as documented on the Form I-983.
- Implement a formal training program to augment the student's academic learning through practical experience.
- Provide an OPT opportunity that is commensurate with those of similarily situated U.S. workers in duties, hours, and compensation.
- Complete the Form I-983, Training Plan for STEM OPT Students. In this form, you must attest that:
- You have enough resources and trained personnel available to appropriately train the student;
- The student will not replace a full- or part-time, temporary or permanent U.S. worker; and
- Working for you will help the student attain his or her training objectives.
- Site Visits: U.S. Immigration and Customs Enforcement may visit your worksite(s) to verify whether you are meeting the STEM OPT program requirements, including whether you are maintaining the ability and resources to provide structured and guided work-based learning work-based learning experiences for the STEM OPT student.
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Employer Reporting Form: Click here to report the termination, material change, or no show of an employee who is on STEM OPT. |
Helpful Resources for Employers:
FAQ - OIE's STEM OPT Frequently Asked Questions
Department of Homeland Security's Study in the States - Information on STEM OPT Reporting Requirements
Department of Homeland Security's, Study in the States - STEM OPT Reporting Diagram
USCIS - STEM OPT Employer Responsibilities
Bloomberg's Daily Labor Report - Preparing for Regulations on Training for International STEM Students
Musings on Immigration: An Immigration Attorney's Perspective on Life, Liberty, and Happiness - Blog entry on STEM OPT
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