USCIS defines new rules to toughen the immigrant student’s visa
If your dream is to study in the United States and furthermore thereby looking for employment opportunities, here’s is a new hurdle posed at you. For immigrant students enrolling for an educational visa in 2016, the Immigration department of the United States, USCIS (United States Citizenship and Immigration Services) have declared a new set of rules that makes the visa process tougher than before. Here are the important modification imposed by the USCIS,
Extended paperwork
The international students were previously permitted to enjoy 17 months of work extension after consuming their OPT work authorization associated to STEM degree. All they had to do is a letter from the employer who offers the job certifying him/her to work for their organization. But now, the employer must undergo certain paperwork to justify the opportunity offered to the applicant. After accomplishing this paperwork, the applicant can extend their OPT work authorization (to STEM students) for up to 24 months. The paperwork include the following areas,
Adequate Resources – The aim of this opportunity to students is that a participation in a formal training program will augment the student's overall academic knowledge and learning in terms of the practical experience. Thus the employer must make sure of enough resources (i.e. sufficiently trained personnel) to teach the students and knowledge them.
Equal Responsibilities and Benefits – The employer must make sure that the job offer involves the same duties, working hours, and salaries compared to that of positions held by other employees (Non-Immigrant).
Cannot grab the role of U.S Worker – The international student on this work permit can never replace a full-time/part-time/temporary/permanent U.S. worker who already employed in that organization. These attestations are included to the attestations already existing under the previous rule. These new rules were implemented in response to a lawsuit filed to enjoin the OPT program on the grounds that it deprives U.S. workers of employment opportunities. While the court agreed with the plaintiffs who filed the lawsuit, the court's decision to enjoin the OPT program was stayed to allow the relevant government agencies to develop new rules showing that OPT is meant to provide legitimate practical experience to students rather than giving employers a "cheap" labor source.
Detailed Explanation of the Program – The toughest and time-consuming paperwork of this obligation for employers is documenting detailed and succinct explanation about the training program offered to the applicant.
In spite of the fact that it already exists or has been developed specifically for the student, they need to document the clear information and submit to the immigration authority. Some of the crucial elements that this document include are,
- Detailed description of the student's role within the employer's organization
- Goals and primary intent of the training
- Competencies and benchmarks aimed to be achieved by the student
- Information on the day-to-day activities the student
- Activities that highlights the enhancement of his/her studies
- Explanation of how those day-to-day duties are associated with his/her studies
- Additional mentoring and training supplemented by the program
- Explaining how the student is supervised
- Facilities and systems to monitor the student's work and provide mentoring
- Employer's existing organizational reporting structure
- How is the student assigned assignments and how they are supervised?
- The description on the approaches followed by the employer to evaluate student’s progress. (must justify why that particular process is chosen and does that evaluates the student’s progress accurately.
Form I-983
All the above-mentioned elements are covered in a form called I-983 which the employer who offers OPT extension to the immigrant student.
Take the next step towards your professional goals in OPT
Don't hesitate to talk with our course advisor right now
Receive a call
Contact NowMake a call
+1-732-338-7323Related blogs on OPT to learn more
STEM Extension OPT
What is STEM extension for OPT?The STEM OPT extension allows F-1 students with degree in Science, Technology, Engineering or Mathematics (STEM) to extend their post completion OPT by 24 months.What are the eligibility criteria for STEM extension for
What are the degrees qualified for OPT?
International students who have completed a degree in specific fields can apply for Optional Practical Training (OPT) in the United States. Generally, science, technology, engineering, or mathematics (STEM) degree students are eligible for OPT.Option
How to apply for OPT
Optional Practical Training (OPT) is a temporary work authorization that allows international students in the United States on an F-1 visa to gain practical experience in their field of study. This program is designed to enable students to apply thei
What is STEM OPT Extension for International Students
The STEM OPT Extension is a 24-month extension of Optional Practical Training (OPT) available to F-1 students who have earned a degree in a Science, Technology, Engineering, and Mathematics (STEM) field from a U.S. Department of Education-accredited
How immigrant students in the US can land in a job after graduation?
Pursuing an education the United States is way too easy when compared to the hurdles involved in landing a job there. However, with a proper guidance and strategies, one can successfully land a job.Know the challenges involved!
How STEM students can get extra OPT months in US?
If you’re wondering about the OPT advantages of being a STEM student or looking for a one-stop information about getting the extra OPT months, you’ve landed in the right place.
Who are F-1 Students? How they can use OPT in the United States?
In order to become eligible for an F1-visa status, a foreign student must abide by below requirements and prove them during the F1 visa interview with the immigration officer.
How OPT helps you to work while studying in US?
OPT (Optional Practical Training) is known as the permit to non-immigrants for working in the US while studying. This permit was authorized by USCIS (United States Citizenship and Immigration Services) to students who are pursuing any UG or PG course
Understanding OPT – A Temporary Employment Facility
Optional Practical Training (OPT) is temporary employment to obtain practical experience related to the major specialty of study of students. OPT could be authorized as follows:Pre-completion OPT
Latest blogs on technology to explore
What Does a Cybersecurity Analyst Do? 2025
Discover the vital role of a Cybersecurity Analyst in 2025, protecting organizations from evolving cyber threats through monitoring, threat assessment, and incident response. Learn about career paths, key skills, certifications, and why now is the be
Artificial intelligence in healthcare: Medical and Diagnosis field
Artificial intelligence in healthcare: Medical and Diagnosis field
iOS 18.5 Is Here: 7 Reasons You Should Update Right Now
In this blog, we shall discuss Apple releases iOS 18.5 with new features and bug fixes
iOS 18.4.1 Update: Why Now is the Perfect Time to Master iPhone App Development
Discover how Apple’s iOS 18.4.1 update (April 2025) enhances security and stability—and why mastering iPhone app development now is key to building future-ready apps.
What is network security Monitoring? A complete guide
In the digital world, we have been using the cloud to store our confidential data to register our details; it can be forms, applications, or product purchasing platforms like e-commerce sites. Though digital platforms have various advantages, one pri
How to Handle Complex and Challenging Projects with Management Skills
Discover actionable strategies and essential management skills to effectively navigate the intricacies of challenging projects. From strategic planning to adaptive problem-solving, learn how to lead your team and achieve exceptional outcomes in compl
What are the 5 phases of project management?
A streamlined approach to ensure project success by breaking it into five essential stages: Initiation, Planning, Execution, Monitoring & Controlling, and Closing. Each phase builds on the other, guiding the team from concept to completion with clear
About Microsoft Job Openings and Certification Pathway to Explore Job Vacancies
Explore exciting Microsoft job openings across the USA in fields like software engineering, data science, cybersecurity, and more. Enhance your career with specialized certifications and land top roles at Microsoft with Sulekha's expert courses.