With the rise in international students pursuing STEM Optional Practical Training (OPT) in the US, the Student and Exchange Visitor Program (SEVP), overseen by U.S. Immigration and Customs Enforcement (ICE), plays a crucial role in ensuring compliance with immigration laws. One important component of this oversight is the SEVP site visit, where ICE officers visit employers of students on STEM OPT to confirm that both parties adhere to federal guidelines.
This blog will explore what SEVP employer site visits are, why they are conducted, what employers and students can expect, and how to prepare for a successful visit.
What Are SEVP Site Visits?
SEVP site visits are part of ICE’s compliance enforcement process for the STEM OPT program. These visits are designed to ensure that the employment of international students aligns with the requirements outlined in Form I-983, the Training Plan for STEM OPT Students. This form, jointly completed by the employer and the student, outlines how the job will provide practical training in the student’s field of study and must be followed to maintain legal status under the STEM OPT program.
These employer site visits help maintain the integrity of the STEM OPT program by ensuring that both the employer and the student adhere to the conditions laid out in the training plan. The SEVP officers review employment practices and check whether the job duties, training, and supervision are aligned with what was promised when the STEM OPT extension was granted.
Why Are SEVP Site Visits Conducted?
The main goals of SEVP site visits include:
- Ensuring Compliance: The visits verify that employers meet their obligations under Form I-983 and that STEM OPT F-1 nonimmigrant students are engaged in appropriate training that matches their STEM degree.
- Preventing Fraud: The site visits are a way for ICE to prevent misuse of the STEM OPT program. This includes ensuring that students are not being employed in roles that do not provide the relevant practical training or are unrelated to their field of study.
- Protecting Program Integrity: By conducting these visits, ICE maintains the integrity of the program, ensuring it remains a viable pathway for international students to gain valuable work experience while protecting the U.S. workforce.
Note: The visits are not intended to be punitive, but non-compliance can result in corrective actions, and in more severe cases, termination of the student’s STEM OPT work authorization.
What Happens During an Employer Site Visit?
During a site visit, employers can expect a series of interactions and reviews that are generally collaborative but require readiness. The visit typically includes the following steps:
1. Notification: While many SEVP site visits are pre-scheduled, giving the employer 48 hours’ notice, ICE retains the right to conduct unannounced visits if there are concerns about compliance. Employers should always be prepared for both types of visits.
Here’s a sample site visit notification sent by email:
2. Employer and Student Interviews: ICE officers may interview the employer and the STEM OPT student. These interviews are designed to verify that the student is receiving training in line with what was outlined in Form I-983. Questions may focus on:
- The student’s specific job duties and how they relate to their field of study.
- The methods of supervision and training provided by the employer.
- How the employer helps the student achieve the learning objectives in the training plan.
3. Document Review: ICE officers will request to review documents related to the student’s employment. These documents may include:
- The Form I-983, demonstrating the student’s training plan.
- Confirmation of the student’s employment and compensation, such as a pay stubs or W- 2s.
- Copies of their Forms I-9.
- Proof that the employer provides the necessary supervision and training as outlined in the Form I-983.
- Any documentation indicating changes in the student’s employment or training since the start of the OPT period.
4. Site Tour: SEVP officers may request to tour the student’s work environment to ensure that the job role and workplace match the description provided in Form I-983.
Employer Obligations During an SEVP Site Visit
To ensure compliance with the STEM OPT program, employers hosting students must demonstrate the following during the SEVP site visit:
- Job Relevance: The student’s role must be directly related to their STEM degree. Employers must confirm that the duties and responsibilities align with what was outlined in the Form I-983, Training Plan, and contribute to the student’s learning objectives.
- Training and Supervision: Employers must show that they are providing structured supervision and appropriate training as described in Form I-983. This includes regular check-ins with the student and measurable feedback on their progress. Supervisors should be available for the SEVP officers during the visit, either in person or via video/phone, especially if the student works remotely or at a client site.
- Accurate and up-to-date Documentation: Employers must have updated records, especially regarding the student’s Form I-983, to reflect any changes in job title, hours, or duties. SEVP may request to see Form I-9, payroll records, or proof of the student’s compensation, such as pay stubs or W-2 forms, to ensure compliance with wage regulations.
Failure to adhere to these obligations can result in warnings, requests for corrective actions, or, in extreme cases, termination of the student’s employment authorization under the STEM OPT program.
Below is a sample Notice of Site Visit (NSV) issued by SEVP
5 Tips to Prepare for an SEVP Site Visit
Proactive preparation is key to ensuring a smooth and successful SEVP site visit. Employers should take the following steps:
- Keep Documentation Updated: Ensure that Form I-983 is regularly reviewed and updated if there are any changes to the student’s role, responsibilities, or work location. Employers should also be prepared to provide Form I-9 and documentation of the student’s compensation (e.g., pay stubs or W-2s).
- Coordinate with Supervisors: Supervisors and managers should be well-versed in the student’s training plan and prepared to discuss the specifics of the student’s training and how it aligns with their academic background. If the supervisor is remote or the student is working at a client site, arrangements should be made for the supervisor to join the site visit via phone or video.
- Review Internal Procedures: Employers should review their internal processes related to the STEM OPT program. This includes ensuring that the student’s training, assignments, and progress evaluations are conducted as outlined in Form I-983. The company must also demonstrate it has sufficient resources and supervisory personnel to support the STEM OPT student.
- Prepare for Document Requests: Be ready to provide additional documentation, such as the company’s E-Verify number, confirmation of the student’s employment, and tax-related information (e.g., FICA deductions). SEVP may also request to review the worksite where the student is located to verify compliance.
- Assign a Point of Contact: Designate an individual within the company to serve as the main contact person for SEVP officers during the visit. This person should be familiar with the compliance requirements and capable of addressing any questions or concerns.
What Happens After an SEVP Site Visit?
After the site visit, SEVP officers will review the findings and assess whether the employer and student comply with STEM OPT regulations. As stated earlier, non-compliance can lead to penalties or even termination of the student’s employment authorization.
Employers and students are typically notified of the site visit results, and in many cases, they will simply receive confirmation that they are in compliance. If additional steps are needed, SEVP will outline the necessary actions to correct any issues found during the visit.
Summing Up
SEVP employer site visits are vital to ensuring that the STEM OPT program operates with integrity and compliance. By understanding the purpose and process of these visits and being well-prepared, employers and students can address these site visits smoothly. Maintaining accurate records, keeping open lines of communication, and adhering to the training plans laid out in Form I-983 will ensure that employers and students remain compliant and continue to benefit from the opportunities offered by the STEM OPT program.