STEM OPT for F-1 Students Restricted to In-House Work Only

[TampaChinnodu]

USCIS recently updated its STEM OPT guidance webpage with new information about how it is interpreting the regulations regarding STEM OPT extension eligibility.

The current STEM OPT extension regulation was issued in 2016 and added a formal training plan component with a new requirement of an I-983 form. One of the specific requirements for employers of STEM OPT students is that the employer must have a bona fide employer-employee relationship with the student.

USCIS seems to have changed its interpretation of what can qualify as a bona fide employer-employee relationship that particularly impacts staffing, temp agencies, and consulting firms.

Bona fide employer-employee relationship is now interpreted to mean:

The training experience may not take place at the place of business or worksite of the employer’s clients or customers because ICE would lack authority to visit such sites.

The employer may not fulfill its training obligation to provide a structured and guided work-based learning experience by having the student make periodic visits to the employer’s place of business to receive training, while the student is actually working at the place of business or worksite of a client or customer of the employer.

The employer may not fulfill its training obligation by having the student make periodic telephone calls or send periodic email messages to the employer to describe and discuss their experiences at the place of business or worksite of a client or customer of the employer.

Staffing and temporary agencies may seek to employ students under the STEM OPT program, but only if they will be the entity that provides the practical training experience to the student at its own place of business.

 

 

The basis for this interpretation is that (1) the employer that signs the Form I-983 must be the same entity that provides the practical training experience to the student; (2) the student’s practical training experience must be provided by the employer’s own trained or supervisory personnel; and (3) ICE must be given authority to conduct employer site visits to ensure that the employer is meeting program requirements.

 

Whether such a change in interpretation can be accomplished through a simple website update with no advance notice remains to be seen. In the meantime, I expect those with H-1B petitions selected in the lottery this year to be questioned regarding their STEM OPT experience. It is unclear how schools will react for students who have already been approved for STEM OPT based on off-site work.

https://www.uscis.gov/working-united-states/students-and-exchange-visitors/students-and-employment/stem-opt#_Eligibility_for_the

 

It does not appear that the Study in the States website has updated its own guidance yet at https://studyinthestates.dhs.gov/students-determining-stem-opt-extension-eligibility

[sivanagulu3]

nice.. 

[TampaChinnodu]

Quote

Whether such a change in interpretation can be accomplished through a simple website update with no advance notice remains to be seen. In the meantime, I expect those with H-1B petitions selected in the lottery this year to be questioned regarding their STEM OPT experience. It is unclear how schools will react for students who have already been approved for STEM OPT based on off-site work.

[TampaChinnodu]

Mesthris ki inka H4 EAD's ee dikku 

[boeing747]

varni, inka desam students kuda taggipotaru aythe...Dump thatha kummutunnad ga asalu...

[TrumpCare]

two lines motham matter chepagalarah evaraina ??

[boeing747]

Just now, TampaChinnodu said:

Mesthris ki inka H4 EAD's ee dikku 

adi kuda oka confusion lo undi ga...kompateesi ifudu adi kuda teeseste inka mestris ki revenue ela?

[boeing747]

Just now, TrumpCare said:

two lines motham matter chepagalarah evaraina ??

OPT's ni 10gei mantunnadu dump thatha slow ga

[TampaChinnodu]

USCIS Changes Position on Third-Party Placement of STEM OPT Workers

19 Apr 2018

 

The U.S. Citizenship and Immigration Services (USCIS) has updated its STEM OPT webpage to reflect an apparent change in the agency’s interpretation of the 2016 STEM optional practical training (OPT) rule for F-1 students. Specifically, the USCIS now interprets the 24-month STEM OPT extension rule from 2016 to require a STEM OPT worker to be placed only at a worksite of the employer. In other words, the USCIS now says that any offsite placement, including at a third-party worksite, is prohibited.

Background on Offsite Placement of STEM OPT Students

Under the 2016 STEM OPT extension rule, in order to employ a student who has been working based on a STEM OPT extension, the employer must work with the foreign national student to complete a form I-983 training plan, and the employer must agree to supervise and train the F-1 student for the duration of the program. The regulations do not specify whether the training and supervision can be conducted in situations where the employee will be working offsite. And, neither of the two federal government agencies involved in administering and enforcing the rules of the STEM OPT program – the USCIS and U.S. Immigration and Customs Enforcement (ICE) – ever specifically addressed this question.

Given that offsite placement of STEM OPT students was not specifically prohibited, it was reasonable to conclude that such work arrangements were legally permissible. Moreover, the form I-983 asks the employer to list both the company’s address and the worksite name and address, implying that immigration officials anticipated that STEM OPT students would be placed at third-party or other offsite locations.

Rationale for Change in USCIS Interpretation

The USCIS has not made any formal announcement regarding this apparent shift in its policy and interpretation of the STEM OPT regulations. Rather, the USCIS simply updated an existing USCIS webpage with the new information.

The reasoning by the USCIS as to why third-party placement of STEM OPT students is, at best, suspect. It is based on the USCIS claim that ICE must have access to a student’s worksite and, if the worker is placed at a third-party location, “… ICE would lack authority to visit such sites.” The USCIS then goes on to state that this also means online or distance training arrangements are insufficient, even if the employee would visit the employer’s offices periodically.

Conclusion

It should be noted that changing how a regulation is implemented by way of altering a webpage does not have the same legal force as issuing a regulation, or even that of a formal memorandum issued by the USCIS offering its regulatory interpretation. Still, government agencies tend to be given wide latitude in deciding how to interpret regulations, so even if this policy shift by the USCIS is challenged in federal court, it is unclear how a court may rule. Accordingly, foreign nationals working on a STEM OPT extension and their respective employers should be aware of this apparent change in the interpretation of the third-party placement rule for STEM OPT students, and consult with a qualified attorney to understand the risks and discuss any possible options.

[TampaChinnodu]

1 minute ago, TrumpCare said:

two lines motham matter chepagalarah evaraina ??

mesthris kinda vunte no OPT extension

[Doravaru]

2 minutes ago, TampaChinnodu said:

Mesthris ki inka H4 EAD's ee dikku 

H4 EAD June lo teesesthara?

[boeing747]

Just now, TampaChinnodu said:

mesthris kinda vunte no OPT extension

in-house annadu kabatti mestri company lo full time ani document create chestar manollu...

[TampaChinnodu]

Just now, boeing747 said:

in-house annadu kabatti mestri company lo full time ani document create chestar manollu...

document creates sesi em labam , if they cant work at client places ? 

[TampaChinnodu]

2 minutes ago, Doravaru said:

H4 EAD June lo teesesthara?

no one knows. have to wait and see. 

[TampaChinnodu]

@greensboro bro. h4 ead pothadi pothadi annav.

aa lopu h1 , opt kooda poyela vunnayee