University Rights and Responsibilities When Reviewing Form I-983
Many students submit the I-983 to their school and simply wait for approval — without understanding what the school (the DSO, or Designated School Official) is actually responsible for, and where the limits of that review lie. Knowing what the school must do, and what it is not required to do, helps you correctly identify where responsibility sits when something goes wrong.
About the legal basis of this article
Every conclusion below cites the U.S. federal regulations (8 CFR) or official ICE/SEVP guidance, with original links collected at the end. Regulations may change — the official text always controls.
Regulatory Basis
The STEM OPT compliance framework is established by the following federal regulations:
- 8 CFR § 214.2(f)(10)(ii)(C) — the core provision for the 24-month STEM OPT extension, with several subparagraphs:
- (C)(4) the practical training opportunity must be directly related to the qualifying degree
- (C)(5) the employer must be enrolled in E-Verify and in good standing, and hold an EIN used for tax purposes
- (C)(6) the employer must notify the DSO within 5 business days of the student's termination or departure
- (C)(7) requirements for completing and signing the Form I-983 training plan
- (C)(10) the attestations the employer must make on the I-983
- (C)(11) DHS may conduct a site visit of any employer
- 8 CFR § 214.2(f)(12) — "Reporting while on optional practical training," which governs the student's reporting obligations (report changes within 10 days; validate information every 6 months)
- 8 CFR § 214.4 — grounds on which SEVP may withdraw a school's certification
- ICE / Study in the States operational guidance — the specific standard for DSO review of the I-983
Core University Obligations
1. Review the I-983 for Completeness and Compliance
Per official Study in the States guidance, before recommending the extension in SEVIS the DSO must confirm that the I-983 is:
- Fully completed and signed by both the student and the employer
- Addresses all program requirements (reporting, evaluation, etc.)
- Accompanied by the required employer attestations
If the employer has not provided the required attestations, or the I-983 does not otherwise reflect compliance with the relevant reporting, evaluation, and other STEM OPT requirements, the DSO may not recommend the student for the extension.
The Limits of DSO Review
Official guidance is explicit: the DSO is not required to conduct additional outside research into a particular employer, and is not expected to possess technical knowledge of STEM fields of study.
Accordingly, the "what the employer must satisfy" conditions in the table below are established primarily through the employer's signed attestations on the I-983 — not by the school independently verifying each one.
| Item (8 CFR basis) | What the I-983 Must Reflect |
|---|---|
| Employer eligibility (C)(5) | Employer enrolled in E-Verify and in good standing; holds an EIN |
| Training relevance (C)(4) | The opportunity is directly related to the student's STEM degree |
| Resources and supervision (C)(10) | Employer attests it has sufficient resources and personnel to provide training at the specified location(s) |
| No displacement of U.S. workers (C)(10) | Employer attests the student will not replace any full- or part-time, temporary or permanent U.S. worker |
| Training plan (C)(7) | The I-983 identifies training goals, a performance-evaluation process, and methods of oversight |
2. Retain the I-983 and Evaluation Records
The DSO is responsible for keeping the I-983 and self-evaluations, and must:
- Make them accessible to DHS within 30 days of the student's submission
- Keep all versions of the I-983
- Keep the final version (containing the concluding evaluation) for 3 years after the student's STEM OPT ends
When a student changes employers, the new employer must be enrolled in E-Verify before the student begins working for pay; the student must submit a new I-983 within 10 days of starting, and the DSO must review it for completeness and update the recommendation in SEVIS.
3. Track the Student's Periodic Reporting and Evaluations
Under 8 CFR § 214.2(f)(12), the student must report to the DSO on the following schedule, and the DSO is responsible for continuing to track the student in SEVIS:
- Every 6 months: submit a validation report confirming that legal name, address, employer name and address, and current employment status have not changed (due within 10 business days of each reporting date)
- Within 10 days: report any change to that information, including loss of employment
- Evaluations: the I-983 requires a 12-month self-evaluation and a final (24-month) self-evaluation; the DSO retains them
4. Track Material Changes
Under (C)(6) and (f)(12), the following events require the student (and employer) to notify the DSO, who then updates SEVIS:
- Change of employer (a new I-983 must be submitted)
- Material change to, or deviation from, the training plan
- Early separation or loss of employment (employer reports within 5 business days; student within 10 days)
5. Review Limited to the Regulatory Framework
The DSO's review duty is limited to the "completeness + signature + attestations + program compliance" scope above. A school therefore should not demand documents that ICE/USCIS does not require, or impose obstacles it cannot tie to a specific regulation — those go beyond the role the regulations define for the DSO.
The School's Role When Fraud Is Involved
STEM OPT fraud does occur, and it is concentrated among IT recruitment, consulting firms, and staffing agencies — which, per the 2016 STEM OPT final rule, are "generally not an apt fit" for STEM OPT. ICE specifically reminded DSOs to be vigilant in its official broadcast message of March 23, 2026 (BCM 2603-02: STEM OPT Employer Fraud).
It is important to be clear: DHS/HSI — not the school — leads detection, investigation, and enforcement. The DSO's role is to stay vigilant, recognize red flags, and report concerns through the proper channels. The regulations do not require the DSO to investigate or to make a finding of fraud.
Official Employer Fraud Red Flags
The following red flags come directly from ICE BCM 2603-02 (drawn from the SEVP Fraud Hub training for DSOs):
- Employer websites that are vague, with no examples of client work, contact information, or social media accounts
- Job activities that do not match the description the employer gave the school
- A job's physical location that is not suitable for the work, or does not match the address on the I-983
- A relatively unknown employer that hires a large group of F/M students from one school
- Work conducted entirely remotely and/or through apps such as WeChat
ICE and HSI have also found these indicators during site visits:
- Unoccupied, unused business locations
- Employers operating from personal residences with no employees present
- Businesses with "offshore" HR and payroll personnel
- Employer officials who know little about the company's operations, or who make contradictory statements
- Numerous students who claim STEM OPT employment but never actually showed up for work
- Inoperative telephone numbers
What a DSO May Do Upon Detecting Concerns
Per official guidance, if a DSO believes the employer is not complying with the STEM OPT terms, the Form I-983 instructions, and the completed I-983:
- Gatekeeping at review: if the employer has not provided the required attestations, or the I-983 is noncompliant, the DSO may not recommend the extension in SEVIS
- May report to SEVP/ICE (the official wording is "may contact" — discretionary, not mandatory). Available channels:
- ICE tip line
- Homeland Security Investigations online tip form
- SEVP Response Center (SRC): phone 703-603-3400 or 1-800-892-4829, email SEVP@ice.dhs.gov
- The local Project Campus Sentinel contact
Site Visits Are Led by DHS
Under 8 CFR § 214.2(f)(10)(ii)(C)(11), DHS may, at its discretion, conduct a site visit of any employer, normally with 48 hours' advance notice — but no notice is required if the visit is triggered by a complaint or other evidence of noncompliance.
Legal Consequences for a School That Fails Its Duties
Under 8 CFR § 214.4, SEVP may withdraw a school's certification (affecting its ability to enroll any international students) on grounds including:
- (a)(3)(v) Willful issuance by a DSO of a false statement, including wrongful certification by signature, in connection with a student's application for employment or practical training
- (a)(3)(vi) Conduct on the part of a DSO that does not comply with the regulations
- (a)(3)(ii) Failure to comply with the SEVIS recordkeeping and reporting requirements of 8 CFR § 214.3(g)
In addition, ICE BCM 2603-02 states that employers and foreign students engaged in suspected fraud risk referral for administrative or criminal investigation by HSI and the U.S. Department of Justice (DOJ).
Impact on the Student and the Right Course of Action
Per official guidance, if a student believes the employer is noncompliant, the correct steps are:
- Leave the practical training opportunity and report the unemployment to the DSO
- The student is encouraged to report the employer's noncompliance to SEVP/ICE through the channels above
- Wage or working-condition concerns can be reported directly to the U.S. Department of Labor (DOL)
Unemployment Caused by Employer Noncompliance Will Not, by Itself, Affect Status
Official guidance is explicit: a period of unemployment caused solely by an employer's noncompliance will not, on its own, affect the student's STEM OPT status — provided the student reports the change in employment status and stays within the aggregate unemployment limits (no more than 90 days during post-completion OPT; no more than 150 days across the total OPT period for STEM OPT, per (C)(E)).
If fraud is genuinely suspected, students should promptly consult an immigration attorney to assess remedies (such as reinstatement of status or a change of visa category) and cooperate honestly with any ICE/HSI investigation.
Common Misconceptions
Misconception: DSO approval of the I-983 means USCIS has also approved the EAD.
The DSO's recommendation in SEVIS only signifies that the I-983 is complete and addresses program requirements. The EAD card is adjudicated independently by USCIS. The two timelines differ — do not conflate them.
Misconception: A change of employer address does not need to be reported to the school.
A change in employer information is a reportable event; the student must notify the DSO within 10 days under (f)(12). If it constitutes a material change to the training plan, a new I-983 must also be submitted.
Misconception: The school verifies, item by item, whether the employer is real and lawful.
Official guidance is clear that the DSO has no duty to research the employer. What the school reviews is the completeness of the I-983 and whether the attestations are present; the employer's legitimacy is established primarily through its signed attestations and verified after the fact by DHS through site visits and other means.