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Information for Employers
STEM OPT Extension
Students on F-1 visas are eligible for a work benefit in the U.S. called Optional Practical Training (OPT) that allows students to work in their field of study for 12 months. Those who have earned eligible U.S. degrees in Science, Technology, Engineering and Mathematics (STEM) may apply for additional OPT time. Effective on May 10, 2016, new STEM OPT regulations were issued by the U.S. Department of Homeland Security. The new rule imposed significant new obligations on students, employers and schools. Below are highlights of the new STEM OPT regulations.
The new rule increased STEM OPT from 17 to 24 months, allowing a total of 36 months of work authorization.
There are new requirements that must be followed by employers, students and Designated School Officials (DSO). There is a required Form I-983, Training Plan for STEM OPT Students that must be completed by employers and students.
STEM OPT employment must be paid; and self-employment is not allowed.
Students will qualify for up to two STEM OPT extensions if they earn multiple STEM degrees in the U.S. and may be eligible for a STEM extension based on a previously earned STEM degree.
For the most up-to-date information on STEM OPT, please refer to the Study in the States website.
Responsibilities and Obligations
There are numerous employer requirements to which you must adhere. Some of those requirements are enumerated here, but you should pay particular attention to the attestation on page 2 of the I-983 Training Plan and the employer information located in Study in the States. General employer requirements include being registered with the E-Verfiy program and ensuring that hiring an international student with STEM employment will not displace a U.S. worker.
1. Rules apply for all STEM OPT students
2. Must be E-Verify employer
3. Develop a training plan for the student
4. Complete Form I-983
5. Provide two evaluations for the student
6. Responsible for proving compliance during government site visits
1. Have a job offer related to your U.S. STEM designated degree
2. Work for an E-Verify employer
3. Have a paid position in STEM field for at least 20 hours per week
4. Work with OISS to complete a STEM OPT application and submit the application to USCIS
5. Complete the student portion of Form I-983
6. Submit the completed Form I-983 to OISS
7. Responsible for completing validation reports every six months and submitting it to OISS
8. Completing parts of evaluation
1. Review STEM OPT application
2. Issue STEM OPT recommendation on Form I-20
3. Maintain the completed Form I-983 in student’s file
4. Monitor student’s validation reports and evaluations
About Form I-983
The new STEM OPT rule that provides the 24-month STEM OPT regulations increases the educational benefits that F-1 students receive from their practical training experiences by requiring the submission of a formal training plan, using Form I-983.
The formal training plan, Form I-983, must clearly articulate the STEM OPT student’s learning objectives and affirm the employer’s commitment to helping the student achieve those objectives. To fulfill this requirement, a student and their employer must complete and sign Form I-983 and submit it to OISS. By signing Form I-983, students and their employers agree that they understand their obligations during the STEM employment.
STEM OPT students and their employers are subject to the terms and conditions of the 24-month STEM OPT extension regulations, effective as of the employment start date requested for the associated STEM OPT period, as indicated on Form I-983.
STEM OPT students may participate in entrepreneurial ventures where the student is an employee. However, they may not act as their own employer or as the signatory for the employer for the purposes of the form.
Other US Visas