Employment Requirements during the 24-month STEM OPT

You must work at least 20 hours per week for an »Ê¹Ú×ãÇò90±È·Ö£º that

a) participates in the E-Verify program and

b) agrees to follow all the »Ê¹Ú×ãÇò90±È·Ö£º requirements in the 24-month STEM rule.

The government has new guidance about acceptable types of employment for the  24-month STEM Extension. Please email intlcenter@csuohio.edu for all questions regarding STEM OPT.

Mutliple Employers

The Department of Homeland Security has commented that although working for multiple employes is not prohibited, each »Ê¹Ú×ãÇò90±È·Ö£º must employ the student for no less than 20 hours per week, and must fully comply with the requiremetns of the 24-month STEM rule. 

Start-Ups

The Department of Homeland Security has also commented that students may be employed by new start-up businesses as long as all regulatory requirements are met, including that the »Ê¹Ú×ãÇò90±È·Ö£º:

a) adheres to the training plan requirements

b) remains in good standing with E-Verify

c) will provide compensation to the STEM OPT student commensurate to that provided to similarly situated U.S. workers

• For instance, alternative compensation may be allowed during a STEM OPT extension as long as the F-1 student can show that he or she is a bona fide employee and that his or her compensation, including any ownership interest in the »Ê¹Ú×ãÇò90±È·Ö£º entity (such as stock options) is commensurate with the compensation provided to other similarly situated U.S. workers.

d) has the resources to comply with the proposed training plan.

Self-Employment, Work for Hire, and Employment through Agencies/Consulting Firms

The government has commented:

¡°There are several aspects of the STEM OPT extension that do not make it apt for certain types of arrangements, including multiple »Ê¹Ú×ãÇò90±È·Ö£º arrangements, sole proprietorships, employment through ¡®temp¡¯ agencies, employment through consulting firm arrangements that provide labor for hire, and other relationships that do not constitute a bona fide »Ê¹Ú×ãÇò90±È·Ö£º-employee relationship.. . . Accordingly, DHS clarifies that students cannot qualify for STEM OPT extensions unless they will be bona fide employees of the »Ê¹Ú×ãÇò90±È·Ö£º signing the (I-983) Training Plan, and the »Ê¹Ú×ãÇò90±È·Ö£º that signs the (I-983) Training Plan must be the same entity that employs the student and provides the practical training experience.¡±

¡°Additionally, guidance from the USCIS states: (3^rd parties)¡­may not, however, assign or contract out students to work for one of their customers or clients, and assign, or otherwise delegate, their training responsibilities to the customer or client.¡±

Volunteer and Uncompensated Activity

The government has commented:

¡°DHS carefully considered whether to allow volunteer positions to qualify under the STEM OPT extension program but has decided against permitting such arrangements. ¡­ Requiring commensurate compensation for F-1 students ¡ª which does not include no compensation ¡ª protects both international and domestic students and ensures that the qualifying STEM positions are substantive opportunities. . . .¡±