USCIS announced today that F1 Visa students on STEM OPT can work at the third party client site but with conditions.
The USCIS updated the website with the language that restricted F1 students on STEM OPT from working at the client location. Combining that with the Accrual of Unlawful presence memo, made F1 students on STEM OPT feel uneasy about their status in the US.
Update from USCIS (April 2018)
Here is the update posted at the USCIS Website in April 2018.
Staffing and temporary agencies may seek to employ students under the STEM OPT program, but only if they will be the entity that provides the practical training experience to the student at its own place of business and they have a bona fide employer-employee relationship with the student. For instance, a student might possibly receive STEM-related training while working in such an entity’s information technology (IT) department.
Such entities may not, however, assign or contract out students to work for one of their customers or clients, and assign, or otherwise delegate, their training responsibilities to the customer or client. As noted above, the employer that signs the Form I-983 must be the same entity that provides the practical training experience to the student. Moreover, the student’s practical training experience must be provided by the employer’s own trained or supervisory personnel at the employer’s own place of business or worksite(s), to which ICE has authority to conduct employer site visits to ensure that the employer is meeting program requirements.
Read the Announcement from USCIS (Aug 17, 2018)
Additionally, DHS is clarifying that STEM OPT participants may engage in a training experience that takes place at a site other than the employer’s principal place of business as long as all of the training obligations are met, including that the employer has and maintains a bona fide employer-employee relationship with the student. DHS will review on a case-by-case basis whether the student will be a bona fide employee of the employer signing the Training Plan, and verify that the employer that signs the Training Plan is the same entity that employs the student and provides the practical training experience.
Compare the two highlighted text from the USCIS website from April and the latest announcement on August 17, 2018.
So, it’s all good right? Not yet!
Reading between the lines:
Review the highlighted sections from the USCIS STEM OPT website. USCIS have made it real clear.
Please read the highlighted sections carefully.
- Can you STEM OPT student work at the client site? Yes.
- Can STEM OPT student get training from the Client’s employees? No.
But, Wait! that what we are doing now!
Yes. Correct. this update is to reverse the website only update from April 2018. And there is more clarity from the USCIS on what’s allowed and what’s not allowed for STEM OPT students working at third-party client sites as contractors.
It’s good news for F-1 students on STEM OPT working at the client site. You know what you can do and what you can’t in black and white.
If you get an RFE during your STEM OPT Extension and/or H-1B Visa application related to the STEM OPT training plan, bonafide employer-employee relationship, please work with your Immigration Attorney to draft a solid reply. Kudos to USCIS for making it clear on what’s allowed and not allowed.