DALLAS, TX: Thanks to ITServe Alliance’s I-983 litigation that was filed in July 14, 2018 against the Department of Homeland Security, the U.S. Citizenship and Immigration Services recently shared an update on its website titled “Clarification of STEM OPT Extension Reporting Responsibilities and Training Obligations.”
The agency removed any prohibition on placement at third party worksites. That is a big win to IT Serve Leadership, its members and IT Consulting community.
The message states that USCIS is updating the Optional Practical Training Extension for STEM Students (STEM OPT) page of the USCIS website to clarify reporting responsibilities for students and employers participating in the STEM OPT program.
In addition, DHS clarifies that individuals participating in the STEM OPT program may participate at a site other than the employer’s principal place of business “as long as the training obligations are met” and the employer must maintain a bona-fide employer-employee relationship with the student.
Whether the student is a bona-fide employer-employee relationship with the employer will be reviewed on a case-by-case basis.
The employer that signs the Training Plan must be the same entity that employs the student and provides the practical training experience.
To view the USCIS update in its entirety, please click here