ILBSG is seeing an increase in the number of Department of Homeland Security (DHS) site visits for STEM OPT participants. In their site visits, DHS verifies compliance with the requirements of the program. Specifically, DHS reviews the information included on the student’s Form I-983 regarding the program and related training, confirming all elements are being actively met.
Generally, DHS will provide a minimum notice of 48 hours prior to a site visit. However, if a complaint or evidence of noncompliance is submitted, DHS reserves the right to complete a site visit at any time. Employers and employees should be ready to comply with all DHS requests, at any time.
What to Expect During a DHS Site Visit
The focus of DHS site visits is verifying information related to student STEM OPT employment. Employers must engage their students in work-based learning experiences as outlined in the student’s Form I-983. Below are recommendations to remain ready for a possible site visit at any time.
Students must ensure employer information and home addresses are always updated with the most recent details. Verify the information in the SEVP Portal or other reporting updates provided by school officials. The employer address where the student reports to work must be accurate. If located at a client site, the client’s name and address should also be included along with the STEM OPT employer.
The student’s Form I-983 should be readily available and completed with their latest information. The Student and Exchange Visitor Information System (SEVIS) is recommended to upload required evidence. This information should be easily accessible.
DHS will confirm that there are sufficient supervisory personnel and resources to provide the required training for the student. Further, proof of how wages were assessed for similarly situated U.S. workers will be required. As this is all included in the initial application, this information should be readily available. DHS may request information regarding compliance by phone or email prior to arriving for the site inspection.
ILBSG has extensive experience working with our clients to ensure they remain ready for DHS site visits. If you have questions about a DHS site visit request or any other U.S. immigration related issue, contact us. Our team of experienced attorneys work directly with our clients to ensure they get the right advice and remain always in compliance.
