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Need clarification on opt 9th august rule

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  • Need clarification on opt 9th august rule

    Can a student who is recently graduated and just started his/her 12 months OPT works at Client location of the employer after 9th August w.r.t. new USCIS rule?

  • #2
    Originally posted by GauravUser124 View Post
    Can a student who is recently graduated and just started his/her 12 months OPT works at Client location of the employer after 9th August w.r.t. new USCIS rule?
    I'm not sure what rule you are referring to. "August 9" sounds like you are referring to the rule that people in F, J, and M status will start accruing "unlawful presence" if they are out of status (including if they violate their status) after August 9, 2018. But you were never allowed to stay in the US after you go out of status or violate your status (unless you have a pending application etc.) anyway, so this doesn't change what you "can" or "cannot" do.

    The talk about "client location" sounds like you are referring to a statement on the USCIS webpage for the 24-month STEM OPT extension where it says
    Moreover, the 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.
    There is some dispute about whether this restriction is legally valid, but in any case it seems to only pertain to the 24-month STEM OPT extension, not the 12-month original period of OPT.

    This is my personal opinion and is not to be construed as legal advice.

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    • #3
      Originally posted by GauravUser124 View Post
      Can a student who is recently graduated and just started his/her 12 months OPT works at Client location of the employer after 9th August w.r.t. new USCIS rule?
      Thanks newacct for the information.

      @rahul098: Didn't understand the reason for your response.

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