Dear Client:

We have seen an increase in STEM OPT employer site visits over the past few weeks. If you employ any STEM OPT students, it is critical that your organization reviews and audits your training plan and employment practices. This email is to confirm employer requirements and documents that could be reviewed in a future site visit.

Overview of Employer Site Visits

The STEM OPT rule allows the Department of Homeland Security (DHS), including Immigration and Customs Enforcement (ICE), to conduct site visits to verify the training submitted in the I-983 training plan. These are routine visits that verify that each employer is conducting the training as stated in the training plan submitted to the Designated School Official (DSO).

What you need to know about the Site Visit

The visits allow DHS to ensure that STEM OPT students are engaged in a structured, work-based learning experience that is consistent with the goals of practical training and with the information supplied on the student’s Form I-983, “Training Plan for STEM OPT Students.” The visit and verification focuses on the information in the training plan and to obtain information about the mentoring process and assess how the program is working for students and employers. Each employer selected will receive advanced notification about the site visit and to have specific documentation available for review. 

How to Prepare

Students need to verify that the correct employer information with home address is submitted in the SEVP Portal or forwarded to the DSO. The employer address should reflect the actual work address for the student. If the student works at a client site, which is different from the employer address, the client name and address should be listed along with the STEM OPT employer.

Employers are required to pay the students similar to other employees that have similar duties and hours and the student must work a minimum of twenty hours per week. Unpaid internships are not permitted for STEM OPT students.

Employers need to verify each student that is not participating with the training or students who have changed employers. It is the employer’s responsibility to notify the DSO immediately for each student departure or termination. In addition, if the student has not reported to training for five consecutive business days without the consent of the employer, the employer is required to notify the DSO.

The Site Visit

DHS or ICE agents will confirm that the employer has sufficient resources and supervisory personnel to effectively maintain the program. They may ask employers to provide the evidence they used to assess wages of similarly situated U.S. workers. The agents will also request payroll documentation and I-9 forms for review at the appointment.

It is extremely important that every company audit and review training plans and student addresses and work locations prior to any site visit. 

Our office is prepared to assist your organization in preparation for these increased STEM OPT site visits and we are available to attend and participate as your attorney if you have a site visit scheduled.

Please email or message me or our staff in whatsapp for any additional questions about these changes.

Thank you for choosing our office to work with you for your immigration needs and please feel free to share our contact information with any of your contacts.