Is it Risky to Change Employers While Your STEM OPT Application is Pending?

A common question among international students is whether they should change employers while their STEM OPT (Optional Practical Training) application is pending. This article will provide a comprehensive guide on the process and considerations involved.

Understanding the Requirements for a Change of Employer

While a student can change employers, it is crucial to ensure that both the new and old employers are compliant and that the position meets all the necessary STEM requirements. The new employer must also be an E-Verify employer, which is a crucial aspect of the process. This article will outline the steps and provide clarity on the potential risks and benefits.

Risks and Benefits of Changing Employers

From a risk management perspective, changing employers during a pending STEM OPT application can be both risky and tricky. However, it is not inherently hazardous if approached correctly. Here are the main risks and benefits to consider:

Benefits of Changing Employers

Flexibility: Exploring different job opportunities can enhance your career prospects and improve your overall experience.

Visibility: Regularly reporting changes can keep the USCIS informed and prevent delays in processing.

Compliance: Ensuring that both the old and new employers are E-Verify compliant and meet all the necessary requirements can avoid complications.

Risks of Changing Employers

Complexity: The process of changing employers and updating documents can be complex and time-consuming.

Delayed Approval: There may be delays in processing the new employer information, potentially affecting your employment status.

Compliance Issues: Failing to follow the correct procedures can lead to complications with the USCIS.

Steps to Change Employers During a Pending STEM OPT Application

The process of changing employers involves several key steps. Here is a detailed guide on what to do to ensure a smooth transition:

Step 1: Submit a STEM Extension Request

To initiate the change of employer, the student must follow these steps:

Submit the STEM Extension I-20 Request: The student should submit the STEM Extension I-20 request to the Office of Global Services (OGS) or Designated School Official (DSO) and select the option that reflects the change in employer.

Provide Necessary Documentation: The student must provide the required documents, including a new Form I-765 with updated employer information, a cover letter explaining the change, a copy of the USCIS receipt notice, and a copy of the new STEM OPT I-20 with updated employer information.

Step 2: Submit Updated Documents to USCIS

Once the STEM Extension I-20 request is submitted to the DSO, the student needs to send the updated documents to the USCIS. It is important to note that the documents should be sent to the address specified on the receipt notice rather than the lock-box address where the original application was mailed. The documents to be submitted include:

New Form I-765: This form must contain information about the new employer and the change of status.

Cover Letter: A concise explanation of the change and why the new I-765 is being submitted.

Copy of USCIS Receipt Notice: This document confirms the receipt of the initial STEM OPT application.

New STEM OPT I-20 with Updated Employer Information: The I-20 must reflect the new employer and be stamped by the DSO.

Concluding Thoughts

While it is possible to change employers while your STEM OPT application is pending, it requires careful planning and compliance. Taking the necessary steps can help minimize risks and ensure a smooth transition. By following the outlined steps and maintaining regular communication with the DSO, students can navigate this process effectively.

Remember, staying informed and proactive about your application status can save you time and frustration. Whether you are exploring new job opportunities or just need a change, carefully manage the process to ensure a successful outcome.