Hiring an F-1 international student on STEM OPT extension
The STEM OPT extension is a 24-month period of temporary training that is directly related to an F-1 student’s program of study in an approved STEM field. The F-1 student will need to confirm with a Designated School Official (DSO) at the home institution regarding STEM OPT extension eligibility.
More information on STEM OPT can be found on the Study in the States STEM OPT Hub. You can learn more about the student’s responsibilities on our website.
Your reporting requirements for STEM OPT
If you employ a student applying for a STEM OPT extension, you play a key role in maintaining and strengthening the integrity of the STEM OPT extension program. Although compliance with the program’s various reporting requirements predominately apply to the F-1 student and the DSO at the home institution, there are instances where you need to assist in tracking the STEM OPT students and their practical training progress.
Complete and Certify Form I-983
Work with the student to complete the Form I-983, specifically Sections 3 - 6. The form is not complete until your department has signed and certified it in the designated areas.
Student Progress Evaluation
The student is responsible for conducting an annual self-evaluation on their own progress, and you need to review this evaluation and sign it to attest to its accuracy. The student must submit the first assessment within 12 months of the OPT STEM start date, and a second, final assessment that recaps the training and knowledge acquired during the complete training period. The student must submit evaluations to the DSO no later than 10 days following the conclusion of the applicable reporting period.
Report Material Changes to Form I-983
Work with the STEM OPT student to report to the DSO at the student’s home institution any material changes to, or material deviations from, the student’s formal training plan, by filling out a new Form I-983. Material changes or deviations from the original Form I-983 may include, but are not limited to:
- Any change of Employer Identification Number resulting from a corporate restructuring.
- Any reduction in student compensation that is not tied to a reduction in hours worked.
- Any significant decrease in hours per week that a student engages in a STEM training opportunity.
- Changes to the employer’s commitments or student’s learning objectives as documented on the Form I-983.
Report End of Employment
You and the student must notify the DSO at the home institution when the student’s employment is terminated for any reason before the end of the authorized extension period. Report such a change in employment to the appropriate DSO no later than five business days after the student’s employment terminates or the student has departed employment. You can report the information with an email to the DSO indicating that the student was terminated or has otherwise departed, as well as the applicable date of such termination or departure.
Completing Form I-983
The STEM OPT student will obtain the Form I-983 and is responsible for returning the completed and signed form to their DSO. You are responsible for completing Sections 3 to 6 of the I-983 and must provide a signature on the student’s annual self-evaluation.
Section 3: Employer Information
- Employer Name: University of Notre Dame du Lac
- Street Address: Department name and department address
- Employer Website URL: http://www.nd.edu
- Employer ID Number EIN (for I-983): 35-0868188
- Employer E-Verify Number (for I-765): 14219
- Number of Full-Time Employees in the US: 5,039
- NAICS Code: 611310
- OPT Hours Per Week: must be at least 20
- Start Date of Employment:
- Compensation: Salary amount bi-weekly/monthly and other compensation (i.e. housing, tuition waivers, or transportation costs, etc.)
Section 4: Employer Certification
By completing this section, you attest that the student on STEM OPT will not replace a full-time or part-time temporary or permanent U.S. worker, and certify that the terms and conditions of employment are commensurate with similarly employed U.S. workers.
The signature of Employer Official with Signatory Authority will most likely be the Department Chair but could be the School Dean or your business manager.
Section 5: Training Plan
You and the STEM OPT student create a formal training plan that identifies learning objectives and a plan for achieving those objectives. The following information must be included in the plan:
- Student’s name, exactly as it appears on their Form I-20, “Certificate of Eligibility for Nonimmigrant Student Status,” and in the Student and Exchange Visitor Information System.
- Employer name, exactly as it appears in Section 3 of the Form I-983. Please specify the department name as the Site Name on the form.
- The specific STEM field (title and code) of the training opportunity.
- Contact information (i.e., name, title, email address and phone number) for the individual who will evaluate the student’s goals and performance.
- Details about the tasks and assignments the student will carry out during the training opportunity and how those tasks relate to the student’s STEM degree. The plan must also describe the specific skills, knowledge and techniques the student will learn or apply and an explanation as to how the student will achieve the goals set out for the training opportunity.
- Explanation about how the employer will provide oversight and supervise the STEM OPT student.
- Information about the measures you will use to assess that the STEM OPT student is acquiring new knowledge and skills.
Section 6: Employer Official Certification
The same individual who signed the Employer Certification in Section 4. Regarding material change certification, note that material changes can include but are not limited to:
- Any change of the company’s EIN (i.e., the company’s Federal Tax ID number) resulting from a change in the employer’s ownership or structure.
- Any nontrivial reduction in hours worked.
- Any significant decrease in hours per week that a student engages in a STEM training opportunity.
- Any decrease in the hours below the minimum 20 hours per week required.
DHS Site Visits
A provision in the STEM OPT rule allows the Department of Homeland Security (DHS) to perform site visits to employer locations that employ STEM OPT students.
DHS will provide notice to the employer at least 48 hours in advance of the visit, unless the visit is triggered by a complaint or evidence of non-compliance with the STEM OPT regulations. Site visits will include review of information related to STEM OPT employment as documented in the Form I-983 training plan. If you are notified of a DHS site visit please contact ISSA.