ICE Visits at STEM OPT Worksites
According to news reports, Immigration and Customs Enforcement (ICE) have recently started on-site visits to employers of international students working on STEM Optional Practical Training (OPT). These visits are to confirm that the information on the training program, Form I-983, is accurate.
Specifically, ICE will verify that:
The student in STEM OPT status is being paid properly;
No US workers have been displaced by the employment of the international student; and
The employer has the resources and personnel to oversee the training program.
ICE will provide 48 hours advance notice prior to a visit unless the visit has been triggered by a complaint of noncompliance with STEM OPT regulations in which case DHS will visit without notice.
If a STEM OPT student is placed at a third-party worksite as part of the training program, ICE officers may visit that location.
Given the possibility of an on-site visit, employers and the international students should make sure they are familiar with the contents of the Form I-983 training program, and that the information on the Form is up-to-date.
This alert is for informational purposes only. If you would like to discuss this development further, please contact us.
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