Employer Obligations and the Form I-983 (draft-local-do-not-publish)

Employers wishing to hire F-1 students on STEM OPT extensions must satisfy a specific set of regulatory requirements and take on ongoing compliance obligations that do not exist for other categories of employees or for students on standard OPT.¹ These requirements were introduced by the 2016 final rule and were designed to ensure that STEM OPT provides genuine work-based learning rather than serving merely as extended general employment.⁴

E-Verify Enrollment

Every employer that employs a STEM OPT student must be enrolled in E-Verify at the time the Form I-983 training plan is signed and must remain in good standing with the program throughout the student's STEM OPT period.¹ E-Verify is a web-based system administered by USCIS that allows employers to confirm the employment eligibility of new hires by comparing information on Form I-9 against records in the Social Security Administration and DHS databases.

Enrollment alone is not sufficient. The employer must be in an active, non-terminated, non-probationary E-Verify status. An employer that has been terminated from E-Verify for failure to comply with program rules cannot sponsor a STEM OPT student even if it re-enrolls. The employer must also have a valid Employer Identification Number (EIN) issued by the IRS — a Social Security number used by a sole proprietor does not qualify.⁴

When the student files Form I-765 with USCIS, they must provide the employer's E-Verify Company Identification Number (or the E-Verify Client Company ID if the employer uses an employer agent for E-Verify cases). USCIS cross-checks this number during adjudication.¹

Form I-983: The Training Plan

Form I-983, "Training Plan for STEM OPT Students," is the central compliance document for the STEM OPT program. It is completed jointly by the student and employer before the DSO enters the STEM OPT recommendation in SEVIS, and it must remain on file with the DSO for the duration of the extension.³

The employer is responsible for completing Sections 2 through 6 of the form. These sections require:⁵

The employer's full legal name exactly as it appears in E-Verify, the E-Verify Company ID, the EIN, and the work location address. The employer must designate a point of contact — a supervisor or HR representative — who can answer questions from the DSO or DHS.

A description of the practical training opportunity including the student's job title, the duties the student will perform, and how those duties directly relate to the student's qualifying STEM degree. The description must be specific and individualized. Generic job descriptions that do not articulate a clear connection between the degree content and the work being performed are the most common reason USCIS issues a Request for Evidence (RFE) on STEM OPT applications.⁴

Measurable learning objectives and goals — the specific knowledge, skills, and competencies the student will acquire during the training period — and the evaluation methods and timelines the employer will use to assess the student's progress toward those objectives.

An attestation that the employer has and will maintain a bona fide employer-employee relationship with the student; that the student will not replace a full-time or part-time, temporary or permanent US worker; that the working conditions and compensation are commensurate with those of similarly situated US workers; and that the employer has sufficient resources and trained supervisory personnel to carry out the training plan.¹

The Bona Fide Employer-Employee Requirement

The 2016 rule's preamble identified the bona fide employer-employee relationship as the primary area of compliance concern.⁴ DHS defines this relationship as one in which the employer who signs Form I-983 is the same entity that directly supervises the student's work, provides the training, and sets the terms and conditions of employment. An arrangement where the student is nominally employed by a staffing agency but works day-to-day under the supervision of a client company does not satisfy this requirement.¹

DHS addressed staffing agencies and consulting firms explicitly in the 2016 rule. A staffing agency may employ STEM OPT students only if the agency — not the client — maintains the employer-employee relationship, provides the actual training, and has sufficient resources and supervisory personnel at the training location to execute the Form I-983 training plan. The training supervisors may be employees or contractors of the agency, but may not be employees or contractors of the client.⁴ Under no circumstances may another F-1 student on OPT or STEM OPT serve as the trainer for a STEM OPT student.¹

Employer Reporting Obligations

Employers have two reporting obligations that must be fulfilled through the student's DSO:²

If the student's employment ends before the STEM OPT expiration date — whether due to termination, resignation, or layoff — the employer must notify the DSO within 5 business days of the student's last day. This obligation exists regardless of whether the student or the employer initiated the separation.¹

If any material change occurs to the student's employment — a change in job duties significant enough to affect the training plan, a change in work location, or a change in the designated supervisor — the employer and student must jointly submit a modified Form I-983 to the DSO at the earliest available opportunity.² A new employer requires an entirely new Form I-983, a new SEVIS entry by the DSO, and a new I-20 — but does not require a new I-765 filing with USCIS provided the new position is also directly related to the qualifying STEM degree.¹

Annual Performance Evaluations

The employer must participate in two formal self-evaluations during the STEM OPT extension. The first evaluation occurs within 12 months of the STEM OPT start date; the second occurs at the end of the extension period (or upon early termination).³ For each evaluation, the student prepares a self-assessment of their progress against the training plan goals, and the employer reviews and co-signs the evaluation. Both parties submit the completed evaluation to the DSO within 10 days of the end of the relevant evaluation period.

Failure to complete evaluations on time is a status violation for the student and can jeopardize both the current STEM OPT extension and future OPT applications.³

DHS Site Visits

DHS, through Immigration and Customs Enforcement (ICE), has the authority under 8 CFR 214.2(f)(10)(ii)(C)(11) to conduct unannounced site visits to STEM OPT employers to verify compliance.¹ Site visits may be triggered by anomalies in SEVIS data, complaints, or random selection. During a site visit, DHS officers verify that the employer has the personnel, physical space, equipment, and supervisory structure described in the Form I-983; that the student is actually present at the work location; and that the work being performed matches the training plan. An employer that cannot demonstrate these conditions during a site visit faces potential termination of the student's STEM OPT and may be barred from sponsoring future STEM OPT students.⁴