INCREASING SITE VISITS FOR STEM OPTs

The American Immigration Lawyers Association (AILA) has received reports of SEVP officers conducting site visits to confirm the details of students’ STEM OPT employment and that the Petitioner is in compliance with their attestations on the I-983.

Visits can be either random or based on a complaint. For random visits, SEVP officers have typically contacted the STEM OPT employee’s manager 1-2 days before the visit is to be conducted. For a complaint, there will likely be no notice given by the SEVP officer.

From reported visits, the visits generally last 1-2 hours at the STEM OPT worksite. According to the DHS’s website, the visits will address:

1.     How the salary of the STEM OPT employee is determined;

2.     Whether there are sufficient resources from the Petitioner to provide supervision and training of the employee; and

3.     Whether the Petitioner is maintaining an employer-employee relationship with the employee.

It is important to review your STEM OPT employee’s I-983 forms and ensure that the employer team (especially the manager listed on the I-983) and the employee are familiar with the details of employment and the training plan.