There have been reports that the Department of Homeland Security (DHS) has started conducting on-site inspections for STEM Optional Practical Training (OPT) employees at worksites. These inspections can be triggered at random or based on a complaint.
DHS’s Immigration and Customs Enforcement (ICE) has had the authority to conduct site visits since 2016, when the regulations for STEM OPT were revised, but there have not been reports of on-site inspections until now.
Unless a site visit is triggered by a complaint or other evidence of noncompliance with the STEM OPT regulations, DHS provides notice to the employer at least 48 hours in advance of any site visit, by emailing the STEM OPT employee’s manager. The site visit can last 5 hours according to the STEM OPT regulation preamble, but appears to be in the range of 1-2 hours, based on current reports.
During the site visit, students and employers may be asked to provide information regarding how the salary of STEM OPT employees is determined; whether there is sufficient structure to provide supervision and training of the employee; and the nature of the employer/employee relationship at any third-party worksite.
DHS may ask that an employer or student submit updated or corrected information as a follow-up to a site visit. Such requests are sent to the employer in writing, with specific instructions on how the employer or student must submit the new information.
STEM OPT holders must be engaged in work-based learning experiences that are consistent with the information supplied on the student’s Form I-983, Training Plan for STEM OPT Students. Employers and students should update the I-983 with the student’s progress in the training program and notify the designated school official (DSO) of any material changes to the program. Violations of the STEM OPT program could result in serious immigration consequences, including termination of student status.
Please contact our office or an attorney if there are any questions or concerns regarding on-site inspections for STEM OPT employment.
