There are recent reports that ICE has started to conduct on-site inspections for STEM Optional Practical Training (OPT) employment. According to DHS’s Study in the States website, the site visit will address how the salary of STEM OPT employees is determined, whether there is sufficient structure to provide supervision and training of the employee, and the nature of the employer/employee relationship at any third party worksites. The website states the following:
Site visits will be limited to checking information related to student STEM OPT employment and ensuring that students and employers are engaged in work-based learning experiences that are consistent with the information supplied on the student’s Form I-983.
As these compliance site visits are a new practice, it is important to refer back to the STEM OPT regulation preamble which describes the expected scope of a DHS site visit:
The employer site visit is intended to ensure that each employer meets program requirements, including that they are complying with their attestations and that they possess the ability and resources to provide structured and guided work-based learning experiences outlined in students’ Training Plans. Site visits will be performed at the discretion of DHS either randomly or when DHS determines that such an action is needed. Based on previous on-site-reviews to schools, DHS estimates that an employer site visit may include review of records and questions for the supervisor, and will take five hours per employer.
At this point, based on the few inspections conducted, the length of the site visits appears to be in the range of 1-2 hours rather than 5 hours. ICE has typically given two days’ notice by emailing the STEM OPT worker’s manager. We do not expect ICE to give notice if the site visit is based on a complaint. ICE’s SEVP officers have conducted the site visits thus far. Read more:
If you have any questions , please do not hesitate to contact Anthony F. Siliato or Scott R. Malyk.