STEM OPT Training Plan (Form I-983)

STEM OPT Extension Overview

The STEM OPT Training Plan is not a visa in and of itself, but rather an extension option for F-1 student visas. Remember, the United States only grants F-1 visas to students who enroll in programs or courses that end with degrees, diplomas, or certificates. Although the STEM OPT extension once provided just 17 months of additional time, it was replaced in 2016 by a 24-month extension.

STEM OPT Explained

STEM stands for Science, Technology, Engineering, and Mathematics, and OPT stands for Optional Practical Training. While STEM refers to four core subjects, OPT represents a type of F-1 visa extension that allows students to complete additional training. Often, this training is paid.

How Long Can You Stay in the United States with OPT Extensions?

STEM OPT is for F-1 students who have completed an initial OPT program. In other words, the STEM OPT Extension is an “extension of an extension” for F-1 visa students. Students are eligible for a 12-month OPT program for each “level” of education they complete (bachelor’s, master’s, etc.).

As F-1 students may stay in the nation for up to five years with their default student visas, OPT programs could potentially extend this period to up to seven years for students completing bachelor’s and master’s degrees. Theoretically, a STEM OPT extension would add two more years for a total of nine years of study in the United States on an F-1 student visa.

Why Does the United States Grant STEM OPT Extensions?

For the United States, the logic behind these STEM OPT extensions is straightforward: With foreign STEM students redirected into the domestic workforce before they return home, American companies and startups benefit from their advanced knowledge. With this strategy, the United States can address the gap in supply and demand for STEM students. On the other hand, STEM students benefit from receiving paid, hands-on work experience that increases the quality of their education.

What Is the I-983 Training Plan?

An important aspect of the STEM OPT Extension is Form I-983. When completing this form, STEM OPT Extension applicants must detail the learning objectives associated with the planned work experience. Both students and their employers must fill out this form together, and they must carefully meet all of its requirements, of which there are many.

This is one of the more complex immigration forms, and a qualified lawyer who has experience with the STEM OPT Training Plan (Form I-983) can help students and employers avoid needless errors. To gain approval, applicants must explain the following in Form I-983:

• Student information (including the student’s name, student email address, student certification, name of school where STEM degree was earned, the student SEVIS ID, and other information)
• Employer information (including the employer’s name, employer ID number, address, compensation, and other information)
• The connection between the student role with the employer and the student’s STEM degree
• Start date of employment
• Clear learning goals associated with the work experience
• How these goals will be achieved
• What kinds of skills, knowledge, or techniques that the STEM student will learn
• How the STEM student’s performance will be evaluated by the employer
• How the employer will supervise the STEM student

In addition, the employer must establish that they have the financial stability and necessary employees to focus enough attention on training the student. The employer must also prove that they are not replacing a U.S. worker with a foreign STEM student and that the STEM student will receive the same schedule, compensation, and duties compared to a normal U.S. worker.

Form I-983 for Startups

American startups may also participate in the STEM OPT program. However, they may need to consider additional factors when filling out Form I-983. Perhaps most notably, a brand-new startup may not have any other U.S. employees when filing the form. In this case, the startup must show that the STEM student will receive the same compensation and schedule compared to U.S. workers in similar fields (but not within the company itself).

Continuing Obligations Associated with I-983 Training Plans

Students and employers have continuing obligations regarding their I-983 training plans, and the process does not end after they file Form I-983. If the plan changes in certain ways during the training process, students and employers must report them to the Designated School Official (DSO). These changes might include the reduction of the student’s hours or compensation.

Learning objectives may evolve due to the unpredictable nature of business. For example, a product in development may become obsolete before it can be released, requiring a shift in focus for the student. The employer and student must report any changes in the employer’s Employer Identification Number (EIN). Failure to report these changes properly could result in the revocation of the student’s work authorization.

Annual Self-Evaluations

STEM OPT students must complete annual self-evaluations during the work training process. While employers do not provide their own evaluations to immigration authorities or DSOs, they review students’ self-evaluations. If the assessments seem accurate, employers sign and approve them.

The first self-evaluation is due at the halfway point of the work training process, while the second is due at its conclusion. The student must file the second and final self-evaluation within ten days of the program’s termination—even if the work training ends early. Failure to meet this deadline can result in the loss of nonimmigrant status.