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Employers on STEM OPT: What you need to know!
STEM OPT is an opportunity to work with all kinds of employers. But above and beyond being in your field of study, what makes an employer eligible to host students on STEM OPT?
Here’s a few key facts to remember if you are looking for a job and want to know if your employer is eligible to host you as STEM OPT student:
- e-Verify and EIN: All employers who host STEM OPT students must be registered with the eVerify Enrollment Verification System. Similarly, all employers must have a valid Employer Identification Number (EIN) issued by the Internal Revenue Service (IRS).
- Commensurate with U.S. workers: The work performed on STEM OPT must be commensurate with similar work performed by a U.S. citizen, including in duties, hours, and compensation.
- Formal training plan and I-983: STEM OPT students must agree to a formal training plan with their employer, and both must honor this plan. This formal training plan is described in Form I-983. As part of this commitment, a student and employer must update Form I-983 if there are any material changes to the plan.
- Bona-fide relationship: Since the employer commits to the training plan with the student, an employer must have a bona-fide relationship with the student on STEM OPT. An employer cannot be the STEM OPT student’s employer in name only! No parts of the training plan can be delegated or otherwise assigned to a third party (like a customer or a client).
Working for a Start Up
With all those rules in mind, is it possible to work for a start up on STEM OPT? Possibly! If the start up is able to satisfy all of the requirements for STEM OPT, they are considered a valid employer. Make sure to check on start ups very carefully to ensure they are a valid employer!
Please feel free to refer to our STEM OPT webpage for information as well.