In today’s rapidly evolving job environment, the right kind of talent plays an important role in driving innovation and growth. To bridge skill gaps across various industries, employers often hire skilled foreign workers who add significant value to the team. With this opportunity comes a great responsibility of complying with the Student and Exchange Visitor Program (SEVP) regulations.  

SEVP Site visits are conducted to guarantee that STEM OPT students are trained and mentored properly to develop the required skills and expertise. However, some employers unintentionally fail to follow these guidelines, leading to non-compliance.  

This blog covers all important steps, helping employers prepare systematically for SEVP site visits, and discusses tips to avoid common mistakes.  

Understanding SEVP Site Visits

SEVP site visits are in-person inspections conducted by ICE’s Homeland Security Investigations (HSI) to make sure STEM OPT employers comply with the federal guidelines, maintaining the integrity of the U.S. immigration system.  

These site visits are conducted to:

1. Verify compliance with STEM OPT conditions: As part of their employment program, STEM OPT students must receive regular training, which allows them to gain practical experience and develop industry-relevant skills. SEVP site visits confirm that students are being trained and mentored as outlined in their Form I-983 training plan.  

2. Ensure adherence to regulatory standards: Employers must adhere to regulatory standards designed to protect the rights of STEM OPT students. During these visits, officials verify the employer’s compliance with Form I-983 and check whether students working in their fields have access to all the necessary resources.

3. Eliminate fraudulent activities: The occurrence of fraudulent activities like ghost employment, employment in unrelated job roles, and wage discrimination significantly affects the integrity of the U.S. immigration process and global talent pool. SEVP site visits confirm STEM OPT students are legitimately employed in their respective fields.

4. Protect international talent: Some STEM OPT students don’t receive proper training and are exploited in the pursuit of cheap labor. SEVP visits help protect the rights of international students by preventing exploitation and wage discrimination, providing them with a safe space to grow and learn.

5. Maintain program integrity: SEVP visits maintain the integrity of the U.S. immigration system by discouraging mismanagement and holding employers accountable for their actions, contributing to sustainability by eliminating fraudulent practices and promoting global talent.

SEVP Site Visits: Some Common Mistakes Employers Make

• Inaccurate Filing of Form I-983: One of the most common errors found during an SEVP site visit is the incomplete Form I-983. When employers fail to submit or update important details, it leads to non-compliance.  

• Non-Compliance with Training Requirements: As per the STEM OPT training guidelines, students are entitled to receive structured training and mentorship that will allow them to get hands-on experience, improving their skill set. However, some employers fail to provide the required training or any sort of guidance which is a severe compliance issue.

• Assigning to Unrelated Job Roles: The whole purpose of the STEM OPT extension program is to train students to work in fields that align with their degrees. This rule is often violated when employers assign students to job roles that don’t align with their degree.  

For example, a student with a bachelor's degree in computer science is working in sales since their employer asked them to switch roles.

• Incomplete Records: Employers often fail to keep all important documentation securely, reflecting unprofessionalism and making ICE officials suspicious about their work ethics.  

• Wage Discrimination: In some companies, STEM OPT students are not compensated according to the current industry standards and are seriously underpaid, resulting in their exploitation. This is considered a serious compliance risk for employers.  

• Lack of Cooperation During SEVP Site Visits: For a smooth site inspection, employers must fully cooperate with ICE officials. However, some employers fail to do so as they withhold important information due to nervousness or fear, resulting in non-compliance.  

How to Avoid These Common Errors?

STEM OPT employers can take actionable steps to avoid common errors such as:

• Maintain Proper Form I-983: Keep an updated Form I-983 that clearly outlines job responsibilities, training plans, and supervision details. Make sure to avoid vague or confusing terms and if there is any change to any of this information, update SEVP and the student’s DSO immediately.  

• Comply with STEM OPT Training: As part of the STEM OPT training, employers must ensure students are working in roles that align with their degree and are receiving proper training.  

To get more in-depth insights on STEM OPT training, refer to this article

• Save Essential Documentation: Securely save all important documents such as Form I-983, pay stubs, 12-month and 24-month self-evaluations, training records, offer letters, job descriptions, and company details. Make sure these documents are easily accessible.

• Prevent Wage Discrimination: Fairly compensate students according to industry standards and make sure they are treated like other U.S. employees. To determine current wage levels, refer to credible sources such as the U.S. Bureau of Labor Statistics.

• Cooperate During Site Visits: Make sure to cooperate with the ICE officials during site visits as they are just doing their job. Prepare for unannounced visits and ensure all documentation is easily accessible without any delays. In case, the officials have some questions, allow them to speak with students and supervisors

Additional Tips for Smooth SEVP Visits

Employers can follow a set of additional rules that will help them with their SEVP site visits such as:

• Stay Updated on SEVP Regulations: To enhance the overall efficiency of the STEM OPT program, new changes may be introduced now and then. Employers should frequently check the USCIS and SEVP guidelines to stay updated.  

• Conduct Regular Audits: Regular internal audits help employers identify potential loopholes and get a reality check on their preparation, this allows them to manage all pivotal information securely, avoiding confusion and non-compliance.

• Prepare Employees for Inspections: During a SEVP site visit, ICE officials may want to speak with students or supervisors. Employers must conduct regular training sessions to make sure all employees are aware of SEVP guidelines and are confident enough to answer complex questions.  

• Train HR Staff: Trained HR leaders can act as a primary point of contact during unannounced site visits, if unprepared, they might not be able to interact confidently with the ICE officials and give vague or incorrect answers, creating compliance issues and damaging the organization’s reputation.

• Respond with Transparency: Employers sometimes don’t answer with full transparency as they are nervous or scared of sharing some details with the site inspectors. However, this comes under non-compliance, reflecting your unwillingness to cooperate with the site visit. To avoid serious legal consequences, employers should answer honestly and provide all important documents when required.  

Conclusion

The main purpose of SEVP Site Visits is to make sure that STEM OPT employers comply with the training guidelines to sustain the integrity of the U.S. immigration process. Failure to adhere to the compliance rules leads to serious legal and financial consequences.

Employers must follow a structured approach that will help them effectively comply with the STEM OPT guidelines. Some common steps include proper filing of Form I-983, providing proper training and mentorship, compensating employees, and securing all essential documents in an easily accessible form.  


No matter how complex it is to comply with STEM OPT rules, OnBlick effortlessly manages it all. From automating Form I-983 management to ensuring timely reporting and audits, our platform helps employers and DSOs stay compliant with USCIS/ICE requirements.  

Book your free demo here!  

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