Possible Solutions for Consulting Companies using New 24 Month STEM OPT

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Shah Peerally Law Group PCwww.PeerallyLaw.com

(510)7425887Finding a possible solution for consulting companies

and the STEM OPT students.

Ability to Hire STEM OPT Students

➲ The STEM New OPT rule put some very strict restrictions on hiring students on the OPT. The Form I-983 attestations seems to be almost impossible for consulting companies to actually hire STEM OPT students. However, after careful consideration, it might not be so difficult especially because of technology.

Issues to be dealt with on the New STEM OPT

➲ Making sure no temporary or permanent workers are displaced.

➲ Pay the prevailing wages

➲ Prepare the Training Plan

➲ State the Goals and how goals will be met

➲ Work Site Monitoring – Employer Oversight.

The above are covered on Sections 3-6 on the form I-983

Making Sure no Temporary workers are displaced

➲ This means that employers cannot even 'lay off' H1B employees, other non-immigrant visa employees, permanent residents or US citizen employees to replace them by STEM OPT students.

➲ Make sure that the employer did not have recent lay-offs or planning to have a lay-off in the immediate future or even having a lay-off in the company.

Pay the Right Wages

➲ Please make sure that STEM OPT are being paid prevailing wages on the guidelines of the DOL. The O-Net book might be a good start.

➲ Although there are no LCA like H1B to be filed, the employer of STEM OPT student will have to comply with the prevailing wages or compensation in the specific field.

State the Goals and how the Goals will be met

The Form I-983 requires a detailed explanation how the goals of the STEM student will be met by working in the company. As such it will be good to divide the goals such as:

➲ 3 months will achieve certain targets➲ 6 months the student will achieve another threshold➲ 9 months the student will be able to learn and have

practical experience in some other areas.➲ 12 months, 15 months, 18 months and 24 months goals

and plans,etc. (We recommend having a flowchart explain the full time of 24 months how the student will actually achieve his or her goals. This can be attached with the form)

➲ Note that the during the entire time on the OPT the student's main goal will be to satisfy the requirement of the “practical training”

WorkSite Monitoring.

This is probably the most difficult part of the attestation. However, with technology and a good explanation how the student will report to the person who actually is monitoring the student, student should be able to work for consulting agencies.

➲ Using a monitoring device where the student can log in and out, using devices and software like skype for full time monitoring, etc.

➲ The second possible option is when the consulting agency has several STEM OPT students at one location, they might be able to physically hire some who can be on location to monitor the students.

➲ Third option is to have a floating employee who moves from location to location to monitor the work of the students

➲ The end client provides a monitor of the students and sign on the form.

Important

➲ The presentation above are just suggestions for consulting companies how to proceed on hiring STEM OPT students. There might be other obstacles or ease which will ultimately come out in the near future. But until we see the USCIS start denying the case or taking away the STEM OPT on work site visit, the approach above should be workable.

➲ Note that everything in this presentation is purely educational. You should not act or refrain to act solely on the information provided. No attorney-client relationship is created by this presentation. For more information call us at (510) 742 5887.