STEM OPT restrictions eased with ITServe Alliance efforts
Finally, the efforts of ITServe yielded positive results.
The U.S. Citizenship and Immigration Services (USCIS) released a press note
with a title “Clarification of STEM OPT Extension Reporting Responsibilities
and Training Obligations.”
It categorically 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.
Thanks to the efforts put by ITServe Alliance’s I-983 that
filed litigation on July 14, 2018 against the Department of Homeland Security,
the U.S. Citizenship and Immigration Services raising objections on change in
the STEM OPT Extension Reporting Responsibilities and Training Obligations.
Hence, now the USCIS made it clear that prohibition on
placement at third party worksites has been removed.
For more details about this particular matter please visit: https://www.uscis.gov/news/alerts/clarification-stem-opt-extension-reporting-responsibilities-and-training-obligations
