Recently many students are in dilemma about the new 24 month STEM OPT regulation especially the i983 training plan. Students especially working in consulting companies (desi companies) are worried if they are eligible to apply under the new regulation.
Many students are asking through Admit School Forum:
I’m working through consultancy firm to Client location.
My DSO is not accepting my i983 because Employer and Site information different. Please let me know what I have to do?
Is there any one whose DSO approve same like my situation
This situation has arisen because different companies, employers, lawyers and DSO are interpreting the new regulation according to their interest. For making it easy for the students let me interpret the 24 month regulation in 2 ways: Liberal & Conservative
- Liberal Interpretation (Student Friendly): Your employer needs to be classified into one of the two categories : Recruiting Firm or Consulting Company
According to the regulation employees working under recruiting companies would not be eligible for the 24 month Extension as students are recruited by HRs of the recruiting firms and placed in client company who only pays the company to keep you employed for your time. These companies are not specialized firms they only recruit and place candidates for commission. —- NOT ELIGIBLE
Consulting Companies (All Desi companies may not fit the definition): Companies specializing in providing services to the client it may be in different fields or one particular technology. Example: Company SAP-ACE may be a leader in providing SAP support to clients and employees will be eligible for the extension as you are specialist in the technology and working on project for the client or customer based on training provided by your employer. On site or Virtual supervision by online tools and teleconferences —- ELIGIBLE
Conservative Interpretation: This regulation was designed to weed out any kind of 3rd party employers only students working directly for employers will be eligible for the STEM Extension where companies truly train you for the exposure rather than keeping you employed for long term. The i983 training plan is to be filled out honestly comprising of 24 months of practical training and not real on project work. The student learns skills related to the field for 24 months and then leaves the country. Incase the employer wants to keep the student employed sponsors H1B Visa.
- Full time Employer doesn’t want to sign i983 form as according to them they want a full time employee rather than a trainee
- Full time Employer doesn’t want to sign i983 form as according to them Site Inspections are not worth your employment resources
- Consulting Companies (Not Desi) hired you to serve clients, not for them to train you for 24 months. They would not be interested in filling the i983 form honestly
- Desi Consulting Firms not willing to fill the i983 form due to several factors including Site inspections, Training and supervision on site