USCIS is Using AI to Verify Work Without Authorization

USCIS is increasing its use of artificial intelligence and partnership with enforcement agencies, all foreign students and workers should be mindful of their employment history and online presence. Proactively addressing this requirement can help students and employers avoid potential discrepancies and ensure ongoing compliance.

It is recommended that students thoroughly review their online job board profiles (LinkedIn, Indeed, etc.) and, when applicable, I-983 Training Plan to ensure full compliance with Optional Practical Training (OPT) and Science, Technology, Engineering, and Mathematics (STEM) OPT regulations.

For applications requesting a change of status to H-1B, students should confirm they have appropriate employment authorization for jobs listed on the petition and on publicly available websites. For example, students may list themselves as “founder” of a company for a school assignment without Curricular Practical Training (CPT) or other authorization rendering the student ineligible for a change of status and triggering the $100,000.00 H-1B fee.

It's important to confirm consistency between public profiles and immigration petitions (i.e. job titles, dates of employment, compensation, and job duties). Further, students need to avoid exaggerated descriptions of roles online and to update profiles promptly to reflect accurate, authorized employment consistent with immigration status.

Similarly, it's important to verify the worksite listed on the I-983 Training Plan reflects the actual address at which the STEM OPT student works. Many times, only the main office of employment is listed as a worksite in the training plan.

While not expressly prohibited by regulation, working from home on STEM OPT may be difficult to justify because direct supervision is required. If remote work is taking place, ensure that the I-983 addresses how oversight and supervision is taking place, such as weekly meetings, review of work product, etc. If possible, the employer should file an updated I-983 listing the new worksite. Practitioners should also ensure that the student is working for an e-Verified employer, particularly if the STEM OPT student worked for a different company than the employer who completed the original I-983 Training Plan.

Lastly, it may be prudent to include a reminder that STEM OPT students must be compensated and that their compensation must be consistent with what is reported on Form I-983. While this issue has not yet been a point of scrutiny, there are clear indicators that the I-983 training plan may receive increased attention in future compliance reviews. Proactively addressing this requirement can help students and employers avoid potential discrepancies and ensure ongoing compliance.