With immigration compliance audits and site visits increasing in most employment-based immigration categories, the STEM Optional Practical Training (OPT) program is not immune to heightened scrutiny. While this program proven invaluable to both U.S. employers and foreign students for decades, the Student and Exchange Visitor Program (SEVP), which administers OPT, has recently raised concerns regarding the integrity of a variety of STEM OPT employment arrangements, particularly focusing on STEM OPT programs involving IT recruiters, consulting firms, and staffing agencies.  

STEM OPT and Its Importance 

STEM OPT allows international students in science, technology, engineering, and mathematics fields to work in the U.S. for an additional two-year period after completing their initial year of postgraduate practical training. This program benefits students by providing practical experience that supplements their academic training while offering U.S. employers temporary access to a talented pool of recent graduates from U.S. colleges and universities. 

DHS Concerns and Site Visits 

SEVP, which is managed by Immigration and Customs Enforcement (ICE), has  recently highlighted concerns to all SEVIS users regarding the integrity of certain STEM OPT employment arrangements. Recent site visits conducted by ICE-Homeland Security Investigations (HSI) have uncovered several indicators of potential fraud, including: 

• Unoccupied Business Locations: Claims of operations from physical offices that may not be staffed. 

• Inconsistent Employer Claims: Situations where employer representatives provide unclear or contradictory information about their operations. 

• Remote Work Arrangements: Jobs that involve remote tasks or use informal communication channels that do not align with SEVP requirements. 

Implications for Students and Employers 

Both students and employers should anticipate an increase in unannounced ICE-HSI site visits and be prepared to demonstrate compliance with all STEM OPT program guidelines. Specifically, students should plan for careful scrutiny of applications for employment authorization (Form I-765) and employers can expect requests for documentation establishing that the student’s training program adheres to the details set forth in the Form I-983. 

Conclusion 

As the DHS emphasizes compliance and integrity in the STEM OPT program, it is essential for both students and employers to adhere closely to SEVP guidelines. Meltzer Hellrung is closely monitoring these developments and is ready to assist both students and their employers in evaluating compliance within their STEM OPT plans and provide recommendations to ensure continued access to this strategically valuable workforce. For any questions regarding STEM OPT compliance or best practices, the immigration team at Meltzer Hellrung is available to assist.