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STEM OPT Employer Requirements: E-Verify and I-983

What US employers must have to hire a STEM OPT student: E-Verify enrollment, Form I-983, annual evaluations, and termination reporting.

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E-Verify Enrollment

E-Verify is the federal electronic employment eligibility verification system. Enrollment is a hard requirement for any employer who wants to hire a STEM OPT student. There are no exceptions.

A student cannot do STEM OPT at an employer that is not enrolled in E-Verify, regardless of how well the job matches the degree field. If an employer is not enrolled, they must enroll before the STEM OPT application can proceed.

You can verify whether an employer is enrolled in E-Verify using the E-Verify employer search tool at uscis.gov. Check before accepting an offer if you plan to do STEM OPT.

Enrolling in E-Verify is free for employers. If your employer is not enrolled, share the E-Verify enrollment page at uscis.gov with your HR department. Enrollment can typically be completed in a few days.

The I-983 Training Plan

Every STEM OPT employer must complete their portion of Form I-983 for every STEM OPT employee. The employer-specific requirements are:

  • Provide the E-Verify Company ID, which the DSO uses to confirm enrollment.
  • Write a substantive description of how the position relates to the student's STEM degree field.
  • Define specific training objectives and describe the supervision structure.
  • Attest that the student's salary is commensurate with US workers in similar roles at the same location.

A generic job description does not satisfy Section 3 of the I-983. The description must connect specific duties to the student's STEM field. DSOs review this section carefully.

Annual Evaluation Requirement

Employers must complete a formal evaluation of the student's training progress at two points during the STEM OPT period:

  • 12-month evaluation: completed at the midpoint of the 24-month STEM extension and submitted to the student's DSO.
  • Final evaluation: completed at the end of the 24-month period and submitted to the DSO.

Both the employer and the student must sign the evaluation section of the I-983. The DSO tracks whether evaluations have been received.

Reporting Employee Departure

If a STEM OPT student's employment ends for any reason, whether the student resigned, was terminated, or the position was eliminated, the employer must report the departure to the student's DSO within 5 business days.

This is a federal regulatory requirement. The employer notifies the DSO, who then updates the student's SEVIS record. The 5-business-day window starts from the last day of employment.

Employers are not required to provide a reason for the departure when reporting to the DSO.

USCIS Site Visits

USCIS may conduct unannounced site visits to any employer that has STEM OPT employees. These visits verify that the training plan described in the I-983 is being carried out and that E-Verify procedures are in place.

During a site visit, USCIS officers may speak with supervisors and ask to review the training plan, organizational charts, and pay records. Employers should keep the executed I-983 on file and be prepared to demonstrate that the student's work is consistent with the training plan.

If USCIS finds during a site visit that the employer cannot demonstrate compliance with the training plan or E-Verify requirements, the STEM OPT approval may be revoked and the student may lose F-1 status.

Frequently Asked Questions

Is there a fee for employers to enroll in E-Verify?
No. E-Verify enrollment is free for employers of all sizes. The program is administered by USCIS and DHS.
Can a subsidiary use the parent company's E-Verify enrollment?
It depends on how the E-Verify account is set up. If the subsidiary is listed as a hiring site under the parent company's account, it may qualify. The DSO will verify the E-Verify Company ID. If there is ambiguity, the employer should contact the E-Verify employer helpdesk.
What if the employer misses the 5-day reporting deadline?
Contact the student's DSO immediately. Late reporting is better than no reporting. The DSO can make a late update in SEVIS.

References

  1. USCIS E-Verify: E-Verify program
  2. 8 CFR 214.2(f)(10)(ii)(C): Employer responsibilities for STEM OPT

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