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USCIS disallows OPT work at third-party locations

  1. Date Announced

    Jan. 24, 2018

    USCIS updates its website to indicate that F-1 students in the STEM Optional Training Program cannot receive OPT at third-party or off-site locations. As an example, the website indicates, "the training experience may not take place at the place of business or worksite of the employer's clients or customers because ICE would lack authority to visit such sites." [ID #498]

    View Policy Document
  2. Effective Date of Change

    Jan. 24, 2018
  3. Subsequent Action

    August 17, 2018

    "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."

    Clarification of STEM OPT Extension Reporting Responsibilities and Training Obligations
  4. Subsequent Action

    The relevant language has been removed from the website and DHS has issued a clarification recognizing that OPT students can receive training at a third-party site.

    Optional Practical Training Extension for STEM Students (STEM OPT)
Status: Replaced
Type of Action: Agency Directive
Agencies Affected: USCIS

Prior Policies

Subsequent Actions

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