STEM OPT site visits have started

A new provision in the STEM OPT rule allows Department of Homeland Security (DHS) to perform site visits to employer locations that train STEM OPT students.

Site visits ensure that STEM OPT students receive structured and guided work-based learning experiences and reduce the potential for abuses of the STEM OPT extension. During the site visit, DHS’s intent is to confirm that information reported on the student’s Form I-983 (Training Plan) concerning the training opportunity is accurate, while not placing an unnecessary burden on employers.

As part of a site visit, DHS may:

  • Confirm that the employer has sufficient resources and supervisory personnel to effectively maintain the program.

  • Ask employers to provide the evidence they used to assess wages of similarly situated U.S. workers.

It is important that supervisors and employees all know that the job is "training."  If you have questions about a site visit, please feel free to reach out and schedule a consultation with one of the attorneys (info@iandoli.com).