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Original Date Announced
January 24, 2018USCIS 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]
USCIS Notice: Optional Practical Training Extension for STEM Students (STEM OPT)Effective Date
January 24, 2018Subsequent Trump-Era and Court Action(s)
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August 17, 2018
Clarification of STEM OPT Extension Reporting Responsibilities and Training Obligations
"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."
Go to article on uscis.gov -
Optional Practical Training Extension for STEM Students (STEM OPT)
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.
Go to article on uscis.gov
Current Status
Not in effectOriginal Trump Policy Status
Status: ReplacedTrump Administration Action: Agency DirectiveSubject Matter: Non-Immigrant Visas: StudentAgencies Affected: USCISPre Trump-Era Policies
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March 11, 2016
A rule promulgated on March 11, 2016 stated that a student can only qualify for the OPT program if they have a bona fide employer-employee relationship with the employer who will provide the training. The rule did not place any restrictions on providing training at third-party locations.
Improving and Expanding Training Opportunities for F 1 Nonimmigrant Students With STEM Degr 220