Working for a Staffing or Consulting Company on OPT and STEM OPT

Post-completion OPT: what is allowed

SEVP recognizes several employment types on post-completion OPT, including employment through an agency or consulting firm and contract work. The key requirements are the same as for any OPT job: the role must be directly related to your degree, and to count as employment it must be at least 20 hours a week.

Report the employer that actually employs you, not the end client, along with the worksite address.

Sources: F-1 Employment; F-1 Optional Practical Training (OPT) and reporting

• OPT job related to degree
• Multiple jobs on OPT

STEM OPT: the employer must own the training

Under the 2016 STEM OPT rule, the employer on Form I-983 must have a bona fide employer-employee relationship with you, provide compensation comparable to similarly situated U.S. workers, be enrolled in E-Verify, and carry out the training plan. ICE guidance allows training at a client or third-party site, but the employer that signed the I-983 remains responsible for training, supervision, evaluations, and site visits.

Arrangements where the signing company is only an “employer of record” while a client controls your daily work are high risk. The I-983 should truthfully describe who supervises you and where.

Sources: 8 CFR 214.2(f)(10)–(12): Practical training; STEM OPT Frequently Asked Questions; Form I-983 Overview

• I-983 training plan guide
• STEM OPT employer site visit preparation

Red flags to walk away from

DHS has publicly targeted OPT fraud schemes involving fake employers. Students who knowingly use false employment records can face SEVIS termination and lasting immigration consequences.

• HSI OPT fraud crackdown: guide for legitimate students
• OPT and STEM OPT job offer verification checklist

• You are asked to pay for training, placement, or “marketing” fees.
• The company offers to report you as employed while you are not working or not paid.
• Pay starts only when a client project begins, leaving you on an unpaid bench.
• Duties are vague, or the title does not match your degree.
• The company will not share its E-Verify Company ID or say who will supervise you.

Questions to ask before you sign

Ask these questions in writing, and keep the answers with your offer letter:

• Check if an employer uses E-Verify
• How to read H-1B sponsor data

1. Who is my legal employer and who issues my pay stubs?
2. What is the salary, and is it paid between client projects?
3. Where will I work, and who will supervise me day to day?
4. For STEM OPT: will you sign the I-983 and complete evaluations, and are you enrolled in E-Verify?
5. Has your company sponsored H-1B workers in roles like mine?

Fictional example: a client-site placement

Ravi is fictional. He is offered a STEM OPT role at an IT consulting firm, placed at a bank client. The firm pays him a salary even between projects, is enrolled in E-Verify, and names one of its own senior engineers as his supervisor on the I-983, with monthly check-ins at the client site. The arrangement is documented honestly. A competing offer that charges a “training fee” and starts pay only after placement is one he declines.