I-983 to be executed before STEM OPT application

Why Form I-983 Matters

For students seeking the 24-month STEM OPT extension, Form I-983 (Training Plan for STEM OPT Students) is not just paperwork. It is the foundation for the entire application. Without a completed I-983 on file with the student’s Designated School Official (DSO), the DSO cannot enter the STEM OPT recommendation in SEVIS or issue a new Form I-20.

That I-20, endorsed specifically for STEM OPT, is a required document for filing Form I-765 with USCIS. In other words, no I-983 means no valid I-20, and no valid I-20 means no approval.

Sequence of Steps Before Filing

The process must follow this sequence:

Student and employer complete Form I-983 and submit it to the DSO.
The DSO reviews and, if satisfied, updates SEVIS to reflect the STEM OPT recommendation.
The DSO issues a new I-20 endorsed for STEM OPT.
The student files Form I-765 with USCIS, attaching the endorsed I-20 and other required documents.

The timing is critical. USCIS instructions specify that the I-765 must be filed within 60 days of the DSO’s recommendation in SEVIS, not before.

What Happens if the Sequence Is Skipped

If a student files Form I-765 online or by mail without first obtaining the endorsed I-20:

USCIS will check SEVIS and see that no STEM OPT recommendation exists at the time of filing.
The application is considered deficient because it lacks initial evidence required by regulation (8 C.F.R. § 214.2(f)(11)(i)(C)).
USCIS may issue a Request for Evidence (RFE) or Notice of Intent to Deny (NOID), but if the endorsement did not exist on the filing date, the case will almost certainly be denied.
A later submission of Form I-983 or a current-dated I-20 does not cure the defect, because the endorsement must exist at the time of filing.

Employer’s Role and Risks

Employers are sometimes pressured by students to sign Form I-983 after the fact, especially if the student has already filed. Employers should be aware:

Form I-983 is a forward-looking training plan, not a retroactive justification. It cannot be used to validate work already performed.
An employer has no legal obligation to sign an I-983 if they decide not to employ the student.
Allowing a student to work without reviewing the physical EAD card or proper STEM OPT auto-extension documents exposes the company to I-9 compliance risks.

Practical Takeaway

The STEM OPT process is unforgiving on sequencing. The I-983 must come first, followed by the DSO’s endorsement in SEVIS, and only then may the I-765 be filed with USCIS. Filing out of order dooms the application from the start.

For employers, the safest practice is simple:

Do not let a student begin work without first completing the I-983 and receiving proof of valid work authorization.
Do not sign I-983 retroactively if you no longer wish to employ the student.
Document any refusal to proceed to show compliance with DHS rules.

Why This Matters

For students, overlooking this step can mean the difference between two additional years of work authorization and falling out of status. For employers, understanding the I-983 requirement is critical to avoiding liability and ensuring a compliant hiring process.

Vasanth Vaidyanathan, Esq.

Administrator

Vasanth Vaidyanathan is an immigration attorney with over 20 years of experience focused exclusively on U.S. immigration and nationality law. He holds a LL.M. from California Western School of Law, San Deigo and advises individuals and businesses on employment and family-based immigration matters, including H-1B, PERM, EB categories, and adjustment of status. He has also been a featured speaker at immigration seminars across the U.S. To reach Vasanth visit: https://www.vnathan.com/

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