Important STEM OPT reporting requirements

When a STEM-major international student applies for a 24 month STEM OPT extension, she or he needs to complete the Training Plan Form I-983 to get STEM OPT recommended in SEVIS by DSO. When STEM OPT applicants complete Form I-983, one of the common mistakes that they easily make is completing two evaluation sections on page 5. These two should be completed halfway through the STEM OPT period and at the end of the period respectively.

In addition, STEM OPT participants have the responsibility to confirm and update their personal information and employment status regularly. When you log in to the SEVP portal where you can verify your personal and employment information, you will see your reporting deadlines:

Furthermore, the portal will send you reminder emails to validate your information:

Therefore, in this blog post, STEM OPT reporting requirements will be introduced. As non-compliance to the reporting requirement might have negative impacts on students’ immigration records, it is critical to be aware of STEM OPT reporting responsibilities, if you are planning to apply for STEM OPT extension.

Contents

• STEM OPT reporting 1. Confirm the SEVIS information
• STEM OPT reporting 2. Annual evaluation
• STEM OPT reporting 3. Others

STEM OPT reporting 1. Confirm the SEVIS information

Immigration law 8 CFR 214.2(F)(12)(II)(B) requires students to report any changes in the following information to DSO within 10 days from the date that change occurred. This is important to make sure that your I-20 is up to date. Even if there’s no change, students should confirm their information with their DSOs every 6 months.

• Name
• Address
• Employer name and address
• Employment status (If you are no longer working for the company, thus unemployed, you should notify your DSO within 10 days)

When you transfer your company, you should not delete your previous employer’s information. Instead, you should add new employer information so that your SEVP portal keeps all records of your employment history and calculate the correct number of unemployment days. To prevent deleting the previous employer information, The Unemployment Counter recommends adding a new employer and shortening the work end date of the existing employer.

The student must complete a validation report, confirming that the information required by paragraph (f)(12)(ii)(A) of this section has not changed, every six months. The requirement for validation reporting starts on the date the 24-month OPT extension begins and ends when the student’s F-1 status expires or the 24-month OPT extension concludes, whichever is first. The validation report is due to the student’s DSO within 10 business days of each reporting date.

8 CFR 214.2(F)(12)(II)(B)

STEM OPT reporting 2. Annual evaluation

Below is the timeline when students need to complete page 5 of the Form I-983:

• Evaluation on Student Progress: within 12 months of the approved starting date
• Final evaluation on Student Progress: no later than 10 days following the employment end date

When students get closer to the 1-year remark, they need to have their supervisors to evaluate how they have been meeting their training goals and complete the “evaluation on student progress” part on page 5 of the Form I-983. Once they complete this part, the updated Form I-983 needs to be sent to the DSO.

Additionally, within 10 days from the STEM OPT end date, F visa holders should work on completing the “final evaluation on student progress” and submit it to the DSO. If a student transfers from A company to B company within the STEM OPT period, the student needs to complete this part no later than 10 days following the conclusion of the training opportunity at A company. When the STEM OPT period ends, the student needs to re-complete this part to review his or her training program at the B company as well.

All STEM practical training opportunities require an initial evaluation within 12 months of the approved starting date on the employment authorization document granted pursuant to the student’s 24-month OPT extension application, and a concluding evaluation. The student is responsible for ensuring the DSO receives his or her 12-month evaluation and final evaluation no later than 10 days following the conclusion of the reporting period or conclusion of his or her practical training opportunity, respectively.

8 CFR 214.2(F)(10)(II)(C)(9)(I)

STEM OPT participants whose STEM OPT extension is approved are highly encouraged to remind themselves or be on the lookout for the reminder email from the SEVP portal to submit the final evaluation not to violate the terms of the Form I-983. The Studyinthestates.dhs.gov highlights that “not submitting a final evaluation would be a violation of the terms of the Form I-983,” thus it “may jeopardize the student’s nonimmigrant status.” SEVP Portal will send out reminders 30 days before the reporting due date.

STEM OPT reporting 3. Others

Until now, we have reviewed regular reporting requirements for STEM OPT participants. Besides these, there are incident-based reporting requirements as well. While regular reporting reviews any changes in the student’s personal information and how they are meeting their training goals, incident-based reporting is to report any changes in training programs or in the employer information.

1. Changes on the training form I-983

Below is the list of instances where you need to modify the Form I-983 and resubmit to your DSO. Please note that the list below is not the exhaustive list, as 8 CFR 214.2(f)(10)(ii)(C)(9)(ii) says “Material changes and deviations relating to training may include, but are not limited to…” Therefore, if your employment has significant changes, but not sure if you need to edit your Form I-983, please consult with your DSO.

• Any change of the employer’s IRS Employer Identification Number, (EIN – the company’s Federal Tax ID number) resulting from a change in the employer’s ownership or structure, such as corporate restructuring.
• Any reduction in student compensation that is not tied to a reduction in hours worked.
• Any significant decrease in the number of hours of work per week that was specified on the Form I-983.
• Changes to the employer’s commitments or student’s learning objectives as documented on the Form I-983.
• Any decrease in hours of work that would reduce the student’s total hours with that employer to less than 20 hours per week.

If any material change to or deviation from the training plan described in the Form I- 983 or successor form occurs, the student and employer must sign a modified Form I-983 or successor form reflecting the material change(s) or deviation(s). … The student and employer must ensure that the modified Form I-983 or successor form is submitted to the student’s DSO at the earliest available opportunity.

8 CFR 214.2(F)(10)(II)(C)(9)(II)

2. Changing employers

When you change your employer, the new company must be enrolled in E-Verify before the student starts working. Within 10 days from the work start date, you should submit the new Form I-983 to your DSO. If the gap between the last work date from your previous company and the new work date at your current company is greater than 10 days, you should notify the DSO, possibly complete the Final evaluation form and submit the new Form I-983 to the DSO. If the gap is less than 10 days, students can fulfill the reporting responsibility by notifying the DSO and submitting the new Form I-983.

3. Unemployment

When the practical training ends, students need to notify the DSO within 10 days. As initial OPT participants were allowed to accrue up to 90 days of unemployment days, STEM OPT participants can accrue up to 60 days of unemployment days. Therefore, students who apply for a STEM OPT extension have a total number of 150 unemployment days from initial OPT through STEM OPT, but, they should not accrue more than 60 days while they are on STEM OPT.

4. Employer noncompliance

If the employer is not compliant with the terms and conditions of the 24-month STEM OPT extension regulations, the Form I-983 instructions, and the completed Form I-983 on file with their DSO, the student may:

• Contact the Student and Exchange Visitor Program at the U.S. Immigration and Customs Enforcement (ICE) by following the instructions found on ICE.gov.
• Report violations through this Homeland Security Investigations tip submission form.

When the student believes the employer is not complying with the conditions of the 24-month STEM OPT extension regulations, the student should leave the employer and report the unemployment to the DSO.

To sum, there are regular reporting requirements as well as incident-based reporting requirements for STEM OPT participants. First, students should inform their DSOs regarding the changes in their personal information such as name, address, employer’s name, and address within 10 days from the date that changes occurred. Second, a student whose STEM OPT request is approved should complete the “Evaluation on Student Progress” section within 12 months from the STEM OPT start date and “Final Evaluation on Student Progress” within 10 days from the STEM OPT end date.

Incident-based reporting requirements are needed when there are changes on Form I-983 and when your employer is changed. In this case, students should complete the new Form I-983 and re-submit it to the DSO. Last but not least, when your employment is over or when the employer is not compliant with the terms and conditions of the 24-month STEM OPT extension regulations, you should also let your DSO know.

Hope this article helps you to have a better understanding of STEM OPT participants’ reporting requirements and to maintain valid F visa status! All other information that STEM OPT students should know can be found on the STEM OPT page.