STEM OPT: USCIS Clarifies When Offsite Employment Is Permitted

U.S. Department of Homeland Security (DHS) has clarified that F-1 students on STEM OPT extension may be placed at a worksite other than the employer’s principal location provided all of the training obligations are met.

To be able to employ F-1 students under the STEM OPT program, the employer

  • must be the entity that provides the practical training experience to the student, and
  • must have and maintain a bona fide employer-employee relationship with the F-1 student.

DHS will review on a case-by-case basis whether the F-1 student will be a bona fide employee of the employer signing the Training Plan, and verify that the employer signing the Training Plan is the same entity that employs the F-1 student and provides the practical training experience.

If you have any questions regarding the STEM OPT extension, or need help in applying for a U.S. work visa, contact our experienced immigration attorneys for a FREE Immigration Lawyer Consultation.

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