USCIS Clarifies STEM OPT Extension Reporting & Training Guidelines

The STEM OPT Extension allows certain F-1 students who complete degrees in science, technology, engineering, and mathematics (STEM) to extend their optional practice training (OPT) by 24 months. USCIS has provided answers to Frequently Asked Questions (FAQs) about the STEM OPT Extension on their website, as well as the following clarifications:

Reporting 

Students and employers must report changes to materials to their Designated School Official (DSO) by filing a modified Form I-983. Students must also report changes, such as address and employer name, to their DSO within 10 business days. Employers must report the student’s termination of employment or departure to the DSO within 10 business days.

Training

Earlier this year, USCIS announced that the use of third-party training sites would be limited. However, clarifications show that employers still have some flexibility. Employers may train students at a third-party site as long as the employer demonstrates a bona fide employer-employee relationship with the student, and the employer is the one providing the training. The Department of Homeland Security (DHS) will review cases if necessary.

For further information on how this may affect your business, please consult with our attorneys. For more frequent updates, please follow us on Twitter (@GrahamAdairLaw).