USCIS Quietly Tightens OPT Restrictions

4/30/2018

An unannounced change to the USCIS website that took place in January 2018 shows new restrictions that forbid foreign STEM graduates participating in the optional practical training (OPT) program from being placed at third-party locations.

OPT allows employers to hire foreign nationals fresh out of school without having to wait for USCIS to approve an H-1B petition. USCIS' new interpretation of the regulations, which were initially passed under former President Barack Obama, effectively prevents staffing companies from participating in OPT, as most of their employees work offsite for third-party clients rather than at their employer's headquarters.

Please contact your Goel & Anderson attorney if you have any questions.