Updated USCIS Policies Regarding Third-Party Placement and Employer-Employee Relationship for STEM OPT Students

22Aug
2018

Updated USCIS Policies Regarding Third-Party Placement and Employer-Employee Relationship for STEM OPT Students

On August 17, 2018, USCIS updated a few policies with regards to STEM OPT employment. The agency removed its ban on third-party placement and tightened its language regarding reporting responsibilities. 

USCIS updated the Optional Practical Training Extension for STEM Students (STEM OPT) page of its website to clarify that STEM OPT participants may engage in a training experience that takes place at a site other than the employer’s principal place of business as long as all of the training obligations are met, including that the employer has and maintains a bona fide employer-employee relationship with the student. DHS will review on a case-by-case basis whether the student will be a bona fide employee of the employer signing the Training Plan, and verify that the employer that signs the Training Plan is the same entity that employs the student and provides the practical training experience.

USCIS also clarified the reporting responsibilities for participating in the STEM OPT program. Students and employers must report material changes to the Designated School Official (DSO) at the earliest opportunity by submitting a modified Form I-983. Employers must report the STEM OPT student’s termination of employment or departure to the DSO within five business days. Students must also report certain changes, such as changes to their employer’s name and address, to their DSO within 10 business days. Prompt reporting ensures that Department of Homeland Security (DHS) is able to exercise effective oversight of the program.

Updated: August 22, 2018