USCIS Clarifies the STEM OPT Extension Reporting Responsibilities and Training Obligations

Introduction

Welcome to The Deng Law Firm's page dedicated to providing valuable information about USCIS's recent clarifications related to the STEM OPT Extension Reporting Responsibilities and Training Obligations. In this comprehensive guide, we will address the changes in reporting requirements and explore the training obligations allowed for off-site placement while ensuring all necessary obligations are met.

What is STEM OPT Extension?

The STEM OPT Extension is a program that allows eligible international students pursuing degrees in Science, Technology, Engineering, and Mathematics (STEM) to extend their Optional Practical Training (OPT) period by an additional 24 months. This extension provides students with valuable hands-on experience in their field of study while contributing to the U.S. workforce.

Reporting Responsibilities

Understanding the reporting responsibilities is crucial for both students and employers participating in the STEM OPT Extension program. USCIS has recently clarified these requirements to ensure compliance and transparency.

1. Reporting Employer Information

Employers are now required to report any changes to the employer's name, address, or contact information within five business days of the change. This information can be reported through the student's designated school official (DSO) or directly to the Student and Exchange Visitor Information System (SEVIS).

2. Reporting Termination of Employment

If the student's employment is terminated prior to the end date listed on their Form I-983, the employer must report this information to the DSO within five business days. Additionally, if the employer fails to provide the STEM OPT opportunity as described in the Form I-983, the student must also report this to the DSO.

3. Validation Reports

Employers are required to complete a six-month validation report, providing details about the current employment status, progress, and training objectives. The student must also complete an annual self-evaluation to assess their progress and ensure they are meeting their training obligations as outlined in the Form I-983.

Training Obligations

To ensure compliance with the STEM OPT Extension program, both employers and students must fulfill specific training obligations while maintaining a proper employer-employee relationship.

1. Duration of Training

The STEM OPT Extension requires a minimum of 20 hours per week of training. This must be directly related to the student's field of study and align with the goals and objectives outlined in the Form I-983.

2. Qualified Training Supervisors

Employers must designate a trained, responsible supervisor who can provide appropriate mentoring, supervision, and evaluation of the student's progress. The supervisor should have sufficient knowledge and experience in the student's area of study.

3. Training Plan (Form I-983)

The Form I-983 serves as a training plan and must be completed jointly by the student and employer. This document outlines the objectives, skills to be acquired, and how the student's progression will be measured throughout the training program.

4. Compliance with Federal Regulations

All participants in the STEM OPT Extension program must comply with federal laws and regulations, including the maintenance of accurate records of the student's progress, ensuring the training is consistent with the STEM degree obtained, and adhering to the reporting obligations.

5. Far Site Placement

USCIS has clarified that students can engage in off-site placement as long as all training obligations are met. This provides flexibility for students to gain valuable experience in their field of study, even when the training takes place at a location other than the employer's primary office site.

Conclusion

Staying informed about USCIS's clarifications regarding the STEM OPT Extension Reporting Responsibilities and Training Obligations is crucial for students, employers, and Designated School Officials. The Deng Law Firm strives to provide up-to-date and comprehensive information to help you navigate the complexities of the immigration and visa process. By complying with the reporting responsibilities and fulfilling the training obligations, participants can make the most of their STEM OPT Extension, gaining valuable skills and experience while contributing to the U.S. workforce.