Dear international students and OPT participants,

 

This email is to inform you of some important policy changes regarding ISSS processing of STEM OPT extension applications. Please read carefully if you are an international student in a STEM field, and you are currently on post-completion OPT, or may apply for STEM OPT extension in the future. This policy change does not apply to standard 12-month post-completion OPT.

 

USCIS is the government office that adjudicates and processes STEM OPT extension applications. USCIS has recently released guidance addressing employer responsibilities for students who participate in a STEM OPT extension, which may have important implications for the type of employment that you may engage in during STEM OPT.

 

As a reminder, all students on STEM OPT must:

-          Work in a field directly related to their STEM major

-          Work for an employer that is registered for E-Verify

 

In addition, you and your employer must complete, and keep current, the I-983 Training Plan for employment during the STEM OPT extension. The I-983 must demonstrate that your employer is providing adequate training and supervision to meet the OPT program objectives. In addition, your employer may receive site visits from Immigration and Customs Enforcement to ensure that the STEM OPT employment meets program requirements.

 

Policy Change

The new USCIS guidance confirms that employment by a staffing agency, or remote employment where you are not supervised on-site by the employer listed on the I-983 training plan, is not appropriate for STEM OPT employment. This is because the I-983 must be completed by the employer that provides the training opportunity, and the latest guidance further clarifies that the training should be provided on-site, by the employer. In addition, if ICE needs to visit your worksite, they may not have the authority to visit a client location, which is problematic. Based on this updated guidance from USCIS, ISSS has updated our policy for recommending STEM OPT extensions for employment when the work is not conducted at the site of the employer.     

 

As of May 1, ISSS will not process STEM OPT applications when:   

-          you are not supervised on-site by the employer listed on the I-983, including staffing agency or temporary agency employment

-          the employment location is a work from home or telecommuting position, with no on-site supervision from the employer

 

We will continue to process STEM OPT applications that otherwise meet STEM OPT criteria when:

-You are supervised on the site of the client location by the employer (for example, if you are part of a consulting team assigned to a client location, and your supervisor is a member of the team and provides you on-site training/supervision), AND the government must be authorized to visit the work site

-You work for the branch of the same company that signs off on your form as the employer. Example: If you work for Aetna, and HR headquarters in Connecticut completes the I-983 for all employees, but you are supervised by an Aetna employee and work for Aetna at their Florida location.   

 

As a further reminder, self-employment or independent contractor employment arrangements are also not appropriate for STEM OPT extensions.

 

If you currently work on a STEM OPT extension in an off-site location (client location or work from home),  ISSS will not consider this a status violation, and we will take no action to terminate or invalidate your STEM OPT extension. In addition, we will continue to process STEM OPT applications received prior to May 1 with remote supervision if your employer indicates in the application a plan for providing training/supervision. However, we want you to be advised of this latest guidance from USCIS in regards to such employment arrangements, and suggest that you consider these updated guidelines and seek different employment. There is a risk that your application for STEM OPT could be denied if your application is based on employment that does not meet the employer criteria.

 

Remember that all employment changes must be reported to ISSS via the OPT Information Form and if you leave/change jobs during the STEM OPT extension, your employer must report your departure to ISSS within 5 days AND you must complete a final employment evaluation on Form I-983 and submit to ISSS via the OPT Information Form.

 

Resources:

 

ISSS STEM OPT webpage: https://isss.uconn.edu/employment/current-students-stem-opt-extension/

USCIS STEM OPT Guidance: https://www.uscis.gov/working-united-states/students-and-exchange-visitors/students-and-employment/stem-opt

DHS Study in the States: https://studyinthestates.dhs.gov/stem-opt-hub

 

Thank you and please contact your ISSS advisor with further questions.

 

Rae Alexander
Director

International Student and Scholar Services

 

UNIVERSITY OF CONNECTICUT

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