• Insights

USCIS Clarifies That STEM OPT Offsite Placements Are Permitted in Some Instances

August 17, 2018

insight-news-default

Country / Territory

  • United StatesUnited States

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

At a glance

  • Reversing a position it took earlier this year, USCIS today clarified that employers may place F-1s working on STEM OPT at third party worksites as long as all training obligations are met, including a bona-fide employer-employee relationship.
  • USCIS also took the opportunity to remind employers and F-1s to adhere to all STEM OPT reporting requirements.

The situation

In a reversal of a short-lived policy, USCIS has updated its STEM Optional Practical Training (OPT) webpage, clarifying that employers can place F-1s on STEM OPT at client and customer worksites provided that all STEM OPT regulatory training obligations are met. Earlier this year, USCIS made an unannounced change to the STEM OPT webpage, taking the position that offsite STEM OPT employment was prohibited in all instances, despite USCIS regulations that do not establish such a prohibition.

Today’s change reverses that prohibition. Now, as long as the STEM employer and the F-1 have a valid employer-employee relationship, and the employer that signs the STEM training plan is the same entity that employs the F-1 student and provides the practical training experience, third party placement can be permissible under the STEM OPT program.

USCIS has also updated the STEM OPT webpage with reminders to employers and employees about their reporting obligations under the STEM OPT program. This includes the obligation to report material changes in the training opportunity to the Designated School Official (DSO) at the earliest opportunity, and the obligation to report the STEM OPT student’s termination of employment or departure to the DSO within five business days. Failure to adhere to these and other reporting obligations are violations of status, and could subject the F-1 to the accrual of unlawful presence.

What this means for employers and employees

Today’s shift in policy comes after considerable advocacy from the higher education and business communities following the unannounced policy change on the STEM OPT webpage. Though the STEM OPT regulations do not expressly prohibit offsite employment, USCIS had claimed that a broad prohibition was necessary to ensure ICE’s ability to conduct site visits and enforce program requirements. 

This alert is for informational purposes only. If you have any questions, please contact the immigration professional with whom you work at Fragomen.

Country / Territory

  • United StatesUnited States

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Explore more at Fragomen

Generic Insights

Blog post

2026 Immigration Regulatory Changes: What Academic Medical Centers Need to Know

In this blog, Counsel Christopher Wendt examines four developments AMCs should have on their radar and why preparing for them may require coordination across immigration, GME, research administration, HR, benefits, finance and more.

Learn more

Blog post

Five Questions to Consider Before Seeking Residence or Citizenship in Europe

Senior Manager Andreia Florina Ghimis and Manager Pierangelo D’Errico outline five key questions to ask before seeking residency in Europe.

Learn more

Awards

Fragomen Receives Brandon Hall Group™ Gold HCM Excellence Award® for Leadership Development

Fragomen received a Brandon Hall Group™ Gold HCM Excellence Award® in the Best Leadership Development Program category for The Leadership Lifecycle.

Learn more

Media mentions

People Management: Unpacking the New Overseas Talent ‘Concierge’ Service

Partner Charlotte Wills and Senior Manager Harry Goldstraw discuss the UK’s new overseas talent “concierge” service and what it means for high-growth businesses recruiting international talent.

Learn more

Blog post

A1-Bescheinigung oder Certificate of Coverage (CoC): Welches Dokument wird wann benötigt?

In this blog, Senior Manager Katharina Vorländer explains when A1 certificates and Certificates of Coverage (CoCs) may be required, the key differences between the two documents and what employers should consider before managing international assignments.

Learn more

Awards

Fragomen Attorneys Recognized in the 2027 Edition of The Best Lawyers in America™

Fragomen attorneys are recognized in the 2027 editions of The Best Lawyers in America™ and Best Lawyers: Ones to Watch® in America, including Partner Matthew Phillips and Senior Counsel Mitch Wexler as Lawyer of the Year recipients.

Learn more

Media mentions

Times of India: Trump’s New H-1B Visa Reality for Indians: Unpredictable Costs, Tougher Odds and Greater Risks

Partner K. Edward Raleigh discusses evolving H-1B policies and the importance of long-term immigration planning for Indian professionals and US employers.

Learn more
Generic Insights

Blog post

Die Niederlassungserlaubnis nach § 9 Abs. 3a AufenthG: Ein richtiger Schritt zur schnelleren und dauerhaften Integration von Ehegatten von Fachkräften

In unserem aktuellen Blog erläutert Ruben Fiedler, wer von der Regelung profitieren kann, welche Voraussetzungen gelten und was sie für Fachkräfte und ihre Familien in Deutschland bedeutet.

Learn more

Media mentions

EB5 Investors: Brazil Emerges as One of EB-5’s Fastest-Growing Markets Amid Economic Strain

Partner Gustavo Kanashiro discusses the factors driving Brazilian families’ growing interest in the EB-5 program, including wealth planning and long-term mobility.

Learn more

Blog post

Africa’s Growing Investment Ambitions Are Reshaping Immigration Policy

Partner Lunga Mani discusses how Africa’s growing investment ambitions are reshaping immigration policy, creating new mobility opportunities alongside increasing compliance and localisation requirements.

Learn more

Blog post

Healthcare Horizons: What Healthcare Employers Should Watch in the 2026 Immigration Regulatory Agenda

Counsel Christopher Wendt looks at the 2026 immigration regulatory agenda and three developments that could have a significant impact on healthcare organizations, from hospitals to research institutions and other clinical employers. 

Learn more

Podcast

Immigration in South Africa

Partner Lunga Mani and Director Johannes Kgotso Tiba discuss South Africa’s evolving immigration landscape and key considerations for employers, foreign nationals and global mobility teams.

Learn more
Generic Insights

Blog post

2026 Immigration Regulatory Changes: What Academic Medical Centers Need to Know

In this blog, Counsel Christopher Wendt examines four developments AMCs should have on their radar and why preparing for them may require coordination across immigration, GME, research administration, HR, benefits, finance and more.

Learn more

Blog post

Five Questions to Consider Before Seeking Residence or Citizenship in Europe

Senior Manager Andreia Florina Ghimis and Manager Pierangelo D’Errico outline five key questions to ask before seeking residency in Europe.

Learn more

Awards

Fragomen Receives Brandon Hall Group™ Gold HCM Excellence Award® for Leadership Development

Fragomen received a Brandon Hall Group™ Gold HCM Excellence Award® in the Best Leadership Development Program category for The Leadership Lifecycle.

Learn more

Media mentions

People Management: Unpacking the New Overseas Talent ‘Concierge’ Service

Partner Charlotte Wills and Senior Manager Harry Goldstraw discuss the UK’s new overseas talent “concierge” service and what it means for high-growth businesses recruiting international talent.

Learn more

Blog post

A1-Bescheinigung oder Certificate of Coverage (CoC): Welches Dokument wird wann benötigt?

In this blog, Senior Manager Katharina Vorländer explains when A1 certificates and Certificates of Coverage (CoCs) may be required, the key differences between the two documents and what employers should consider before managing international assignments.

Learn more

Awards

Fragomen Attorneys Recognized in the 2027 Edition of The Best Lawyers in America™

Fragomen attorneys are recognized in the 2027 editions of The Best Lawyers in America™ and Best Lawyers: Ones to Watch® in America, including Partner Matthew Phillips and Senior Counsel Mitch Wexler as Lawyer of the Year recipients.

Learn more

Media mentions

Times of India: Trump’s New H-1B Visa Reality for Indians: Unpredictable Costs, Tougher Odds and Greater Risks

Partner K. Edward Raleigh discusses evolving H-1B policies and the importance of long-term immigration planning for Indian professionals and US employers.

Learn more
Generic Insights

Blog post

Die Niederlassungserlaubnis nach § 9 Abs. 3a AufenthG: Ein richtiger Schritt zur schnelleren und dauerhaften Integration von Ehegatten von Fachkräften

In unserem aktuellen Blog erläutert Ruben Fiedler, wer von der Regelung profitieren kann, welche Voraussetzungen gelten und was sie für Fachkräfte und ihre Familien in Deutschland bedeutet.

Learn more

Media mentions

EB5 Investors: Brazil Emerges as One of EB-5’s Fastest-Growing Markets Amid Economic Strain

Partner Gustavo Kanashiro discusses the factors driving Brazilian families’ growing interest in the EB-5 program, including wealth planning and long-term mobility.

Learn more

Blog post

Africa’s Growing Investment Ambitions Are Reshaping Immigration Policy

Partner Lunga Mani discusses how Africa’s growing investment ambitions are reshaping immigration policy, creating new mobility opportunities alongside increasing compliance and localisation requirements.

Learn more

Blog post

Healthcare Horizons: What Healthcare Employers Should Watch in the 2026 Immigration Regulatory Agenda

Counsel Christopher Wendt looks at the 2026 immigration regulatory agenda and three developments that could have a significant impact on healthcare organizations, from hospitals to research institutions and other clinical employers. 

Learn more

Podcast

Immigration in South Africa

Partner Lunga Mani and Director Johannes Kgotso Tiba discuss South Africa’s evolving immigration landscape and key considerations for employers, foreign nationals and global mobility teams.

Learn more
Fragomen.com home
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
Search Fragomen.com
  • Our Services
    For EmployersFor IndividualsBy IndustryCase Studies
  • Our Tech & Innovation
  • Our People
  • Our Insights
    Worldwide Immigration Trends ReportsMagellan SeriesImmigration AlertsEventsMedia MentionsFragomen NewsBlogsPodcasts & Videos
  • Spotlights
    Travel and Mobility Considerations: Situation in the Middle EastNavigating Immigration Under the Second Trump AdministrationImmigration Matters: Your U.S. Compliance RoadmapCenter for Strategy and Applied InsightsVietnamese ImmigrationView More
  • About Us
    About FragomenOfficesResponsible Business PracticesFirm GovernanceRecognition

Our Services

  • For Employers
  • For Individuals
  • By Industry
  • Case Studies

Our Tech & Innovation

  • Our Approach

Our People

  • Overview / Directory

Our Insights

  • Worldwide Immigration Trends Reports
  • Magellan Series
  • Immigration Alerts
  • Events
  • Media Mentions
  • Fragomen News
  • Blogs
  • Podcasts & Videos

Spotlights

  • Travel and Mobility Considerations: Situation in the Middle East
  • Navigating Immigration Under the Second Trump Administration
  • Immigration Matters: Your U.S. Compliance Roadmap
  • Center for Strategy and Applied Insights
  • Vietnamese Immigration
  • View More

About Us

  • About Fragomen
  • Offices
  • Responsible Business Practices
  • Firm Governance
  • Recognition
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
Important Updates
Important Updates
August 24, 2026 | United StatesUnited States: Federal District Court Vacates State Department’s 75-Country Immigrant Visa Ban
August 24, 2026 | United StatesFragomen Receives Brandon Hall Group™ Gold HCM Excellence Award® for Leadership Development
August 24, 2026 | NamibiaNamibia: New Investor and Business Owner Permit Introduced
August 24, 2026 | United KingdomPeople Management: Unpacking the New Overseas Talent ‘Concierge’ Service
August 24, 2026 | Saudi ArabiaSaudi Arabia: Saudization Requirements Announced for Several Activities and Professions
August 24, 2026 | United StatesUnited States: Federal District Court Vacates State Department’s 75-Country Immigrant Visa Ban
August 24, 2026 | United StatesFragomen Receives Brandon Hall Group™ Gold HCM Excellence Award® for Leadership Development
August 24, 2026 | NamibiaNamibia: New Investor and Business Owner Permit Introduced
August 24, 2026 | United KingdomPeople Management: Unpacking the New Overseas Talent ‘Concierge’ Service
August 24, 2026 | Saudi ArabiaSaudi Arabia: Saudization Requirements Announced for Several Activities and Professions
August 24, 2026 | United StatesUnited States: Federal District Court Vacates State Department’s 75-Country Immigrant Visa Ban
Subscribe

Stay in touch

Subscribe to receive our latest immigration alerts

Subscribe

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • AI Transparency Statement
  • UK Regulatory Requirements

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • AI Transparency Statement
  • UK Regulatory Requirements

Have a question?

Contact Us
  • LinkedIn
  • Youtube
  • Instagram
  • Facebook
  • TikTok
  • Twitter

© 2026 Fragomen, Del Rey, Bernsen & Loewy, LLP, Fragomen Global LLP and affiliates. All Rights Reserved.

Please note that the content made available on this site is not intended for visitors / customers located in the province of Quebec, and the information provided is not applicable to the Quebec market. To access relevant information that applies to the Quebec market, please click here.