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我想咨询opt extension,我现在在一个大公司做contractor,做的工作和专业相关, opt九月份过期,请问有资格申请opt extension吗?

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您好,根据移民局STEM延期新政,第三方公司例如一些staffing company和consulting company是不具有申请OPT STEM延期的资格的,详细规定如下:

There are several aspects of the STEM OPT extension that do not make it apt for

certain types of arrangements, including multiple employer arrangements, sole proprietorships,

employment through “temp” agencies, employment through consulting firm arrangements that

provide labor for hire, and other relationships that do not constitute a bona fide employer-employee

relationship. One concern arises from the difficulty individuals employed through

such arrangements would face in complying with, among other things, the training plan

requirements of this rule. Another concern is the potential for visa fraud arising from such

arrangements. Furthermore, evaluating the merits of such arrangements would be difficult and

create additional burdens for DSOs. Accordingly, DHS clarifies that students cannot qualify for

STEM OPT extensions unless they will be bona fide employees of the employer signing the

Training Plan, and the employer that signs the Training Plan must be the same entity that

employs the student and provides the practical training experience. DHS recognizes that this

outcome is a departure from SEVP’s April 23, 2010 Policy Guidance (1004-03).

最新回答 6月 5, 2016 用户: Veronica Frösén 律师

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