OPT, STEM OPT, and I-9 Compliance: Is your Business Ready for a Government Inspection?

By: Jagan Tamirisa | November 13, 2026

Federal Immigration Authorities Are Conducting Employer Compliance Investigations

We have received few reports from employers who said they had visits and inquiries from federal immigration authorities to check on employees working for them under Curricular Practical Training (CPT), Optional Practical Training (OPT), and STEM OPT. These employers said the government inquiries were also related to Form I-9 compliance and employment eligibility verification.

While the precise nature and scope of these recent inspections have not been completely established, the reports underscore the importance of maintaining accurate employment records and ensuring compliance with applicable immigration requirements.

Federal immigration authorities may conduct employer investigations, including workplace inspections, to determine whether businesses employing F-1 international students are complying with applicable immigration requirements. Such reviews may examine whether reported employment opportunities correspond to actual business activities, whether students are performing legitimate work, and whether employers have the personnel and resources necessary to fulfill applicable training and supervisory obligations. Investigators may also examine inconsistencies between employment documentation and actual workplace practices.

These investigations form part of the government's broader efforts to monitor compliance with immigration regulations, maintain program integrity, and identify potential misuse of employment authorization programs. They also highlight the importance of ensuring that employment arrangements are legitimate, accurately documented, and consistent with applicable immigration requirements.

What Do Immigration Authorities Examine During Employer Site Visits?

DHS may investigate compliance with employment requirements applicable to F-1 students participating in CPT, OPT, and STEM OPT. The STEM OPT regulations also specifically authorize employer site visits to assess compliance with the program's training and employment requirements

For STEM OPT employees, inspections generally focus on whether the employer is providing the practical training described in Form I-983, Training Plan for STEM OPT Students, completed and signed by the employer and student and submitted to the designated school official (DSO) for review.

Government officials may examine several aspects of the employment arrangement, including:

• Employment Verification and Worksite Compliance: Whether the employee is genuinely working for the identified employer and whether the reported worksite information is accurate.
• Employer-employee relationship and Supervision: Whether the employer maintains a bona fide relationship with the student and exercises appropriate supervision.
• Practical Training and Supervision Compliance: Whether qualified personnel provide the training and oversight described in Form I-983.
• Job Responsibilities and Relevance to Academic Qualifications: Whether the student's actual responsibilities correspond to the training plan and qualifying STEM degree.
• Employee Compensation and Working Conditions: Whether duties, hours, and compensation satisfy applicable STEM OPT requirements, including comparability to similarly situated U.S. workers.
• Employer Resources and Training Capacity: Whether the business possesses sufficient personnel, facilities, and operational resources to fulfill its training obligations.
• Employment Reporting and Regulatory Compliance Obligations: Whether material changes in employment, worksite, supervision, or training arrangements have been appropriately reported.

An employer's inability to substantiate the employment arrangement or demonstrate that the training is actually being provided may raise compliance concerns.

STEM OPT Compliance Considerations for Consulting and Staffing Companies

Employers in the information technology sector (including staffing companies) should pay particular attention to the STEM OPT requirements governing third-party worksites.

Consulting and staffing companies may employ STEM OPT students when the employment arrangement satisfies the program's requirements. In particular, the company identified as the employer must exercise appropriate oversight of the student and remain directly responsible for providing the training outlined in Form I-983.

Where a STEM OPT student works on a client assignment, the consulting or staffing company must remain actively involved in the student's training. The company should be able to demonstrate that it provides appropriate supervision and has the personnel and resources necessary to carry out the training commitments documented in Form I-983.

Consequently, employers should carefully review whether the actual supervision, reporting structure, worksite, and training arrangements correspond to the representations made in Form I-983.

DHS Usually Provides Advance Notice Before a STEM OPT Site Visit

For routine STEM OPT compliance inspections, DHS ordinarily notifies employers at least 48 hours before the visit. Advance notification may not be provided when DHS initiates an inspection based on a complaint or information indicating possible noncompliance.

During a visit, officials may seek to verify the information contained in Form I-983, interview relevant employer representatives, and request documentation supporting the training arrangement. DHS may also conduct compliance inquiries by telephone or email in addition to a physical inspection.

Form I-9 Inspections and Employer Compliance Obligations

Form I-9 compliance represents a separate employer obligation. All U.S. employers must comply with federal employment eligibility verification requirements, regardless of whether they employ foreign nationals.

ICE's Homeland Security Investigations directorate has authority to inspect employer Forms I-9 and related employment records. An administrative Form I-9 inspection generally begins with a Notice of Inspection (NOI), after which the employer ordinarily has at least three business days to produce the requested records, subject to applicable legal procedures.

Government officials may review Forms I-9, employment authorization documentation, payroll records, employee lists, and other relevant business records. Employers should understand that an I-9 audit is not necessarily limited to employees working under OPT or STEM OPT.

Deficiencies may expose employers to civil penalties, and certain knowing violations may result in more serious enforcement consequences.

How Should Employers Prepare For A Site Visit?

Employers, particularly those employing OPT and STEM OPT workers, should consider conducting an internal compliance review before receiving a government inquiry or inspection. Recommended measures include:

1. Review STEM OPT training plans. Confirm that each Form I-983 accurately reflects the employee's actual duties, supervision, training objectives, and worksite arrangements.
2. Verify employment records. Maintain accurate payroll, compensation, employment, and worksite documentation consistent with the reported employment arrangement.
3. Confirm supervisory arrangements. Ensure that appropriate personnel understand their responsibilities for providing and evaluating the required training.
4. Review third-party placements. Confirm that consulting and staffing arrangements comply with STEM OPT requirements and that training responsibilities have not been improperly delegated to a client.
5. Verify reporting compliance. Review whether changes affecting STEM OPT employment have been reported to the designated school official within the applicable deadlines.
6. Conduct a Form I-9 compliance review. Identify missing, incomplete, or inaccurate Forms I-9 and address deficiencies using legally appropriate correction procedures.
7. Establish a government inspection protocol. Designate responsible company representatives, verify the credentials and authority of visiting officials, preserve relevant records, and consult immigration counsel regarding the inspection's scope and required responses.

Employers should also ensure that personnel provide accurate information during government inquiries and avoid making assumptions about employment arrangements that they cannot independently verify.

Conclusion

DHS investigations demonstrate that foreign student employment compliance remains an important area of government oversight. Employers should not assume that the existence of an Employment Authorization Document (EAD), an approved STEM OPT extension, or a completed Form I-983 necessarily establishes compliance with every applicable requirement. Actual employment practices, supervisory arrangements, training activities, and supporting documentation must remain consistent with the applicable regulatory requirements.

How We Can Help

CHUGH, LLP assists employers with immigration compliance matters, including OPT and STEM OPT requirements, Form I-983 training plans, Form I-9 compliance, and preparation for government site visits and inspections. Our immigration and employment law professionals provide guidance to help businesses understand their regulatory obligations, assess compliance risks, and respond appropriately to government inquiries.