Greenspoon Marder Immigration Alert: New Developments – July 25, 2019
Jul 25, 2019
New York, NY
STEM OPT Worksite Inspections
The Student and Exchange Visitor Program (SEVP) unit of U.S. Immigration and Customs Enforcement (ICE) has launched on-site inspections of the STEM Optional Practical Training (OPT) employment of certain F-1 trainees. Though ICE has had the authority to make site visits since regulations governing the STEM OPT program were revised in May 2016, the agency has not done so until recently. The site visits are to verify that that the employers are complying with STEM OPT requirements and meeting the obligations of Form I-983 training plans. ICE may also review ether the duties and compensation of STEM OPT trainees are equal with those of similar US workers within the company. Generally ICE provides 48 hours notice of a STEM OPT site visit and its handled through the SEVP division of ICE.
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