USCIS has updated its OptionalPractical Training Extension for STEM Students (STEM OPT) webpageindicating STEM OPT participants may engage in training experience at thirdparty worksites as long as the all of the training obligations are met. The employer must maintain a bona fideemployer/employee relationship with the student. Previously theUSCIS had said that STEM OPTs could not work at third-partylocations.
Any material changes in thestudent’s employment must be reported to the Designated School Official (DSO)within 5-10 business days. These changesinclude any modifications to the training listed on the I-983, a change in theemployer’s name or address, and termination of the student’s employment.
The USCIS’ backtracking was likelya result of alawsuit filed in federal court. That lawsuit, ITServeAlliance v. Nielsen, was filed by Attorney Jon Wasden. Jon, who is a friend of MU Law, previouslyworked for the USCIS’ AAO Office. He hasfiled several lawsuits on behalf of H-1B employees and H-1B employers. If you have an egregious denial decision andwould like to have Jon review your case, please contact him or contact MU andwe an put you in touch with him.