INSZoom Immigration Conference 2016 - Final Rule on STEM OPT

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Gold sponsor Exhibitors

Session –Final Rule on STEM OPT-Bridging Talent Gap for Employers

Lead Speaker- Mariana Kulikowska, Fakhoury Global Immigration

Panelists – Jake Lipman, VisaWolf Sruthi Ananthachari, Zoomlee

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Header

PRESENTATION AGENDA

APPLICATION PROCESS

EMPLOYERS

STUDENTS

FORMAL TRAINING PLAN

DESIGNATED SCHOOL OFFICIALS (DSOs)

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24-MONTH STEM OPT EXTENSION

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STEM OPT EXTENSION OVERVIEW

The Department of Homeland Security published final rule allowing F-1 STEM

students to apply for a 24-month extension of their Post-completion OPT. This final rule replaces the former 17-month STEM OPT

extension

ON MARCH 11, 2016

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STEM OPT EXTENSION OVERVIEW

F-1 (STEM) STUDENTINTERNATIONAL STUDENT

Attending a university or college and is pursuing a degree in Science,

Technology, Engineering & Mathematics

OPTIONAL PRACTICAL TRAINING

AUTHORIZES F-1 STUDENTS TO PERFORM WORK

for your organization that directly relates to their major of study

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OPT OPTIONSPRE-COMPLETION

OPT

PRE-OPT FACTSMust complete at least 1

academic school year

Authorized to work full-time during the semester break

May be part-time or full-time employment

Must apply for an EAD card, and cannot begin

employment until EAD card is issued

POST COMPLETION OPT

Allows F-1 students that have graduated the opportunity to

extend their full-time OPT work with your organization for an

additional 12-months

STEM degree must directly relate to work

responsibilities HOURS, DUTIES &

COMPENSATION MUST BE COMMESURATE WITH SIMILIARLY

SITUATED U.S. WORKERS

STEM OPT EXTENSION

Allows F-1 students that have

graduated with a STEM Degree

obtain an additional 24 month extension

of their post-completion OPT

Allow students to work with your organization no more than 20

hours per week during their school

semester POST-OPT FACTS

STEM OPT FACTS

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APPLICATION PROCESS

Form I-20 Request (Certificate of Eligibility for

Nonimmigrant Status) Request Form

to your DSO

Form I-765 completed and signed with

application fee and support documents.

Form I-983 completed and signed by both

the students and the employer

Photocopies of new and endorsed Form I-20 prepared by your DSO

(be sure to sign!)

Degree Requirements

Employer Requirements

Complete Form I-765: Application for Employment

Authorization.

Current OPT status

ELIGIBILITY INITIAL SUBMISSIONTO DSO

SUBMISSION TO USCIS DECISION USCI

S

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EMPLOYERSEligibility RequirementsReporting RequirementsEnsuring ComplianceSite Visits

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EMPLOYMENT CONSIDERATIONS

SOLE PROPRIETORSH

IPS

MULTIPLE EMPLOYER

ARRANGEMENT

EMPLOYMENT THROUGH

TEMP AGENCIES

Students cannot qualify for STEM OPT extensions unless they will be bona fide employees of the employer signing the

Training Plan. The employer that signs the Training Plan must be the same entity that

employs the student and provides the practical training experience.

PURPOSE

CONSULTING FIRMS

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Students must pursue practical training through an employer enrolled in the E-Verify program. E-Verify is an internet-based program

by USCIS that allows businesses to determine their employees’ eligibility to work in the US : https://www.uscis.gov/e-verify

Commensurate Job Opportunity: training opportunity must be commensurate with those of similarly situated U.S. workers in duties, hours, and compensation.

Employer must attest that it has sufficient resources & personnel and is prepared to provide appropriate training in connection with the specified opportunity. Employer must attest that the student will not replace a US worker.

Attestation must be signed on the Form I-983.

ELIGIBILITY REQUIREMENTS

Attestation must be signed on the Form I-983.

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ENSURING COMPLIANCE Issues to consider

• Employment Department Maintaining I-983.• Any documents maintained with I-983 (including wage documents?)• Official Qualified to Sign on Behalf of Company.• Official Responsible for Monitoring Student and Signing Evaluations.• Who is responsible for notifying DSO of termination?

New Enforcement Provisions

• Employers should bookmark the STEM OPT hub.• ICE is responsible for site visits and program enforcement.• ICE will perform site visits at employment worksite.

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STEM OPT Reporting Requirements

Student Progress Evaluation

Changes to an Existing Form I-983

Loss of EmploymentMust report any termination to DSO within five business days. Departure date is either: date that employer knows students has left the OPT, or the data after 5 consecutive days without student reporting for their OPT.

Must work with student to report to DSO such material changes as: Employer FEIN, reduction in student compensation, significant decrease in hours/week, and changes to employer commitments.

Employers must review student’s annual self-evaluation and sign it to attest to its accuracy. Once signed, it must be returned to the student.

24-MONTH STEM OPT EXTENSION: EMPLOYERS

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PURPOSE

Prepare for site visit by having compliance plan with a training plan indicating the student’s supervisor

HOW TO PREPARE

The DHS conduct site visits to alleviate employment fraud and to maintain immigration

compliance. During the visit the agent will verify if the organization and student following

immigration regulatory law.

Comply with reporting early termination, certify adherence to training plan document commensurate wage, conduct scheduled evaluations & report material changes

DHS SITE VISITS

What to expect?

Student interview with inspection agent

Review of formal training plan & filing documents

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DHS SITE VISITSDHS’s intent is to confirm that information on the Form I-983 is accurate DHS will provide 48-hr advance

notice of a site visit unless triggered by a complaint.

DHS will ask employers to provide evidence that they assess wages of similarly situated U.S. workers

DHS seeks to confirm that employers have sufficient resources and supervisory personnel

If DHS determines it needs updated information, it will send

a written request to the employer.

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STUDENTS Eligibility RequirementsReporting RequirementsUsing a Prior STEM DegreeParticipating Twice in a STEM OPT Extension

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STEM OPT EXTENSION ELIGIBILITYMust have been granted OPT and

currently be in a valid period of OPT

STEM degree must be directly related to work responsibilities.

Must hold a bachelor’s degree or higher in an eligible STEM field

Accrediting bodies are private institutions that validate that educational institutions meet

and maintain educational standards

STEM Designated Degree Program List

Degree must be from an SEVP-certified school that is accredited at the time the student submits extension application to USCIS

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STEM OPT EXTENSION ELIGIBILITYMust pursue practical training

through an employer enrolled in the E-Verify program

E-Verify is an internet-based program by USCIS that allows businesses to determine their employees’ eligibility to work in the

US: https://www.uscis.gov/e-verify

Must develop a formal training plan with employer that lasts at least 20 hours/week The training plan and work must directly

relate to the student’s qualifying STEM degree

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STEM OPT REPORTING REQUIREMENTS

Validating SEVIS Information Must confirm name, address, employer name and address, and current

employment status.(every six months)

Annual Self-Evaluation First assessment must be submitted within 12 months of OPT STEM start

date – and obtain employer’s signature. Final self-evaluation at the end of the

OPT.

Changes to an Existing I-983 Form Includes: change of employer’s EIN, reduction in compensation, decrease in

hours/week, changes to employer’s commitments or student’s learning

objectives.

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FORMAL TRAINING PLAN OVERVIEW

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24-MONTH STEM OPT TRAINING PLAN24-month STEM OPT regulations require the submission of a formal training plan.

Training plan must clearly articulate the STEM OPT student’s learning objectives.

Training plan must affirm the employer’s commitment to helping student achieve those objectives.

To do this, both student and employer must fill out & sign a Form I-983 and submit to student’s DSO.

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FORMAL TRAINING PLAN OVERVIEW

The formal training plan is a guide that must clearly articulate the STEM OPT student’s learning

objectives and affirm the employer’s commitment to helping

the student achieve those objectives

PURPOSE FORMAL TRAINING PLAN FACTS

Student and organization must work together to develop training planIdentify goals, how goals will be achieved and determine what skills will be important to the studentTraining plan must feature a performance evaluation processDescribe timeframe & phases of training

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SUMMING UP: STUDENT’S RESPONSIBILITIES

Apply for STEM OPT (before regular OPT ends).

Complete and certify Form I-983 (along with employer).

Validate information in SEVIS record and report it to DSO (every six months).

Complete and sign annual self-evaluation (along with employer).

Report any material changes or deviation to I-983 to DSO as soon as possible (along with employer).

Notify DSO and submit new Form I-983 at the start of a new opportunity (within ten days of start date).

Report change in student’s legal name, residential/mailing address, employer name/address or loss of

employment to

Report noncompliance to the Department of Homeland Security as soon as possible.

DSO (within ten days of change).

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SUMMING UP: EMPLOYER’S RESPONSIBILITIES

Complete and certify Form I-983 (along with student).

Complete and sign student’s annual self-evaluation (along with student).

Report any material changes or deviation to I-983 to DSO as soon as possible (along with student).

Report the termination of student’s practical training to DSO within five business days.

Report student’s departure from the OPT to DSO within five business days.


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SUMMING UP: DSO’S RESPONSIBILITIES

Recommend STEM OPT for eligible students.

Determine completeness and proper execution by student and employer of the Form I-983.

Certify student’s degree is of a proper educational level and has a degree code on the current STEM

list.

Update student’s SEVIS record with DSO recommendation.

Keep and store Form I-983 and self-evaluations in the student’s record.

Update student’s record to reflect change of name or address, or an interruption of employment.


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INSZoom Immigration Conference 2016 - Final Rule on STEM OPT