There have been an increasing number of reports that Immigration
and Customs Enforcement (ICE) has begun conducting workplace site
visits for F-1 students employed pursuant to optional practical
training (OPT) in the science, technology, engineering, and math
(STEM) fields. While ICE has had the authority to conduct on-site
inspections since 2016, it has not exercised that authority until
recently. Given this new development, companies that employ STEM
OPT workers are encouraged to be prepare in case ICE visits their
workplaces.
What to Expect
Any employer that hires an F-1 student pursuant to STEM OPT is
subject to a site inspection. The purpose of such a visit is to
verify that the employer is complying with the STEM OPT regulations
and to ensure adherence to the obligations contained in the
employee's Form I-983 training plan.
