Following an abrupt change of the Federal Register, it seems that the USCIS has decided that third party placement of OPT students are not acceptable. The amendment states:
[T]he training experience must take place on-site at the employer’s place of business or worksite(s) to which U.S. Immigration and Customs Enforcement (ICE) has authority to conduct employer site visits to ensure that the employer is meeting program requirements. This means that ICE must always have access to a student’s worksite; if the student is sent to different worksite locations as part of the training opportunity, ICE must be able to access such worksite locations. For instance, the training experience may not take place at the place of business or worksite of the employer’s clients or customers because ICE would lack authority to visit such sites.
This change is as difficult to grasp as well as the reasons which USCIS is advancing for this change except that- there is no permission to visit the work-sites. Unfortunately at this point, we have not figured out whether OPT students will actually have a way to continue working on third party worksites. However, we do not really see how the USCIS does not have permission to “access student’s worksite”? There are a lot of confusion at this point on the matter.
We will keep you informed accordingly on the issue. Feel free to call our office at 5107425887, should you have any questions.