Graduates with qualifying STEM degrees who wish to apply for the additional 24 months of employment won’t be able to continue on contract work after the initial 12 months of their OPT.
The STEM extension requires each employer to:
- Register on the USCIS E-Verify system.
- Submit the I-983 Training Plan.
The I-983 Training Plan must show:
- How work relates to the employee’s STEM degree.
- That compensation meets industry and regional standards.
- A verifiable employer-employee relationship.
The employer-employee relationship for purposes of the STEM OPT is understood as one where the employer provides training, guidance, supervision and remuneration. Legally, these provisions can’t be undertaken by clients or customers of the employer.
As such, work for a third party is prohibited, except where the employer-employee relationship is verified by USCIS, which is done on a case-by-case basis.
Of course, you can work on projects for your employer’s clients, but you’ll want to pay attention to the distinctions the US government makes about work contracts:
- If you work at your employer’s place of business under direct supervision by your employer, you are compliant with the terms of your visa.
- If you work at the place of business of one of your employer’s customers, the USCIS must verify that your training and supervision are not handled by this third party. (If your employer’s client supervises you, then you’re in breach of your visa.)
- If you’re supervised by a client or customer of your employer, you’re in breach of your visa.
So, while it’s not impossible to undertake contract work on the STEM OPT, it’s exceptionally difficult given the restrictions placed on employers by USCIS. It’s unlikely that international graduates - and their employers - will be able to meet all the criteria to make short-term contract work a reality on the STEM OPT.