Today, DHS-USCIS updated its web page regarding the Optional Practical Training Extension for STEM Students (STEM OPT) and their employers' responsibilities for participating in the STEM OPT program. Aside from requiring students and employers to report material changes to the Designated School Official (DSO) as soon as possible, reporting termination of employment within five business days and other similar reporting requirements, DHS also made an important change in policy regarding STEM OPT students' ability to work off-site.
The new policy is that STEM OPT students may "engage in a training experience that takes place at a site other than the employer’s principal place of business" so long as all the training obligations are met and followed including:
- There must be a valid employer-employee relationship between the employer and the student throughout
- Employer must have sufficient resources and personnel available to supervise and train the student as specified in the Form I-983, Training Plan for STEM OPT Students.
- The STEM OPT student will not replace a U.S. worker.
- The training opportunity will serve the purpose of practical training and educating the student.
Ultimately, DHS will review these off-site training requests on a case-by-case basis before approval. DHS will also conduct on-site visits to verify compliance. Employers especially consulting firms should follow the requirements closely when employing STEM OPT students.
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