USCIS Disallows STEM OPT Holders From Training At Third Party Sites

As explained below, we advise that a company may not have STEM OPT individuals at its work site unless it is a direct employer that is part of the e-Verify program. It may no longer utilize the services of STEM OPT individuals who are temporarily sent to a company to perform services, until there is clarification from Immigration and Customs Enforcement (ICE) and U.S. Citizenship and Immigration Services (USCIS).

As you are likely aware, in May 2016 the Department of Homeland Security (DHS) finalized a rule permitting recent graduates with degrees in science, technology, engineering and mathematics (STEM) fields to apply for an additional 24 months of Optional Practical Training (OPT) beyond the initial 12-month OPT period. In order to qualify for the 24-month OPT extension, the student must be employed by an employer enrolled in e-Verify, and the employer must have a bona fide “employer-employee” relationship with the student. Furthermore, the employer and employee