The 24-month STEM OPT extension allows eligible F-1 students who have graduated with degrees in science, technology, engineering, or mathematics to extend their post-completion Optional Practical Training by two years. This brings the total potential OPT period to three years for qualifying students. But this extension comes with a significant condition that catches many applicants off guard: the employer - not just the student - must meet specific legal requirements before work can begin.
Understanding those employer requirements, particularly around E-Verify enrollment and the formal training plan, is essential for any F-1 student planning to file for the STEM OPT extension. A single oversight on the employer’s side can result in a denial or, worse, a gap in authorized employment status.
Who Qualifies for the STEM OPT Extension
To be eligible for the 24-month STEM OPT extension, a student must have an approved STEM degree that appears on the Department of Homeland Security’s official STEM Designated Degree Program List. The student must also be in a valid period of post-completion OPT at the time of filing, and the job must be directly related to the qualifying degree.
Students file the extension using Form I-765, Application for Employment Authorization, along with a copy of their current EAD, a new I-20 with the STEM OPT recommendation from their Designated School Official (DSO), and supporting documentation. The application must be filed at least 90 days before the current OPT expires, and USCIS allows a 180-day automatic cap-gap grace period if the application is timely filed and remains pending.
One commonly misunderstood point: a student can use a STEM degree from a previous program to qualify for the extension, even if their most recent degree is not STEM, provided they are working in a role related to the earlier STEM degree. The employer, however, must still satisfy all E-Verify and training plan requirements regardless of which degree is being used.
The E-Verify Requirement for Employers
The single most important employer-side requirement for STEM OPT is E-Verify participation. Under 8 CFR 214.2(f)(10)(ii)(C)(1), employers offering STEM OPT positions must be enrolled in E-Verify and must remain enrolled throughout the entire STEM OPT period. This is not optional, and USCIS will deny a STEM OPT extension if the employer is not an active E-Verify participant at the time of filing.
E-Verify is an internet-based system operated by USCIS and the Social Security Administration that allows employers to electronically verify the employment eligibility of newly hired employees. Enrollment is free, and employers can register at e-verify.gov. Once enrolled, an employer receives a company ID number and must agree to E-Verify’s memorandum of understanding. Employers who are already enrolled must ensure their enrollment is current and that the specific hiring site is covered - E-Verify enrollment is site-specific for employers with multiple locations.
A student should confirm the employer’s E-Verify participation before the DSO issues the STEM OPT I-20 recommendation. The employer’s E-Verify company ID number must be included on the Form I-983, Training Plan for STEM OPT Students. If an employer claims to be enrolled but cannot provide a valid company ID, the student should verify participation directly at the E-Verify employer search portal maintained by USCIS before proceeding.
Form I-983: The Training Plan Requirement
Beyond E-Verify, STEM OPT regulations require a formal training plan documented on Form I-983. This form establishes a structured mentoring and training program between the employer and the student and must be signed by both parties before the I-20 STEM OPT recommendation is issued by the DSO.
Form I-983 requires the employer to describe the specific goals of the training program, identify the skills the student will develop, outline how the training relates to the student’s STEM degree, and confirm that the compensation and hours are consistent with those offered to similarly situated U.S. workers. That last point matters: USCIS has made clear under 8 CFR 214.2(f)(10)(ii)(C)(4) that employers cannot use STEM OPT students to displace U.S. workers, and the training plan is one mechanism used to enforce that standard.
The I-983 is a living document. Any material change in the training plan - such as a change in the student’s role, a significant reduction in hours, a change in salary, or a change in work location - requires a revised Form I-983 to be submitted to the DSO. The DSO is then responsible for updating SEVIS. Employers should be aware that periodic evaluations are built into the STEM OPT regulations: a midpoint evaluation must be completed when half of the STEM OPT period has elapsed, and a final evaluation is required at the end. Both evaluations are conducted using Form I-983 and must be retained by the student and employer for five years.
Third-Party Placement and the Site-of-Work Rule
One area that creates frequent complications is third-party placements - situations where a STEM OPT student is employed by one company (typically a staffing agency or consulting firm) but works at a client site. Under the STEM OPT regulations, both the employer of record and the third-party site have obligations.
USCIS issued policy guidance clarifying that when a student on STEM OPT works at a third-party worksite, the employer of record must still maintain the employer-employee relationship and cannot simply hand off supervisory responsibility to the client. The employer of record must be able to demonstrate that it has the right to control the work performed by the student, including the ability to hire, fire, pay, and direct the student’s training activities.
In practice, this means staffing companies placing STEM OPT students at client sites must document the training relationship carefully on Form I-983. The client site’s role can be acknowledged, but the employer of record remains legally responsible for ensuring the training plan is followed. Students working through staffing agencies should request copies of all signed I-983 forms and verify that updates are submitted to the DSO whenever their client placement changes, since a change in worksite may constitute a material change requiring a new I-983.
Employer and Student Responsibilities During the Extension Period
Once STEM OPT is approved, both the student and the employer carry ongoing compliance obligations. Students must report any change in employer, change in legal name, or loss of employment to their DSO within 10 days. If a student loses their job during STEM OPT, they have a single aggregate unemployment allowance of 150 days across all OPT periods, including any unemployment during the initial OPT period.
Employers are required to notify the student’s DSO within five business days if a student’s employment ends before the STEM OPT authorization expires. This obligation is specified on Form I-983 and is a direct regulatory requirement. Failure to report can affect the employer’s ability to host STEM OPT students in the future.
USCIS conducts site visits to verify compliance with STEM OPT program requirements. These visits are unannounced and may include interviews with both the student and the employer’s designated point of contact. The purpose is to confirm that the training described on Form I-983 is actually taking place and that the employer-employee relationship is genuine.
Preparing the Application Package
Students applying for the STEM OPT extension should work closely with their DSO to ensure the I-20 reflects the correct STEM OPT recommendation, the employer’s E-Verify company ID is accurate, and Form I-983 is fully completed before the application is submitted to USCIS.
The filing package sent to USCIS includes Form I-765, the filing fee (currently $410 for most applicants, though the fee schedule should be confirmed at uscis.gov before filing), a copy of the current EAD, the STEM OPT I-20, and any additional supporting documents requested. Premium processing is not available for Form I-765.
This article provides general information only and is not legal advice. Consult a licensed immigration attorney for guidance specific to your situation.
Students who file at least 90 days before their current OPT expires and whose applications remain pending will receive a 180-day extension of work authorization printed on a Form I-94 notation, allowing them to continue working while USCIS processes the case - provided all other conditions, including the employer’s active E-Verify enrollment, remain in place on the date employment continues.
