Stem opt 填写说明(NYU) 纽约大学版
填写指南
表格 I-983：学生需要填写此表格的第1页，剩余部分由学生和雇主共同完成。在学生向纽约大学全球服务办公室提交STEM OPT I-20申请之前，表格的1-6部分必须由学生和雇主共同完成并签字。
就业变更报告：如果学生的就业情况有任何变化（如公司重组导致雇主识别号变化、工资降低、每周工作小时数显著减少、每周工作小时数低于20小时等），学生和雇主必须填写新的I-983表，并在变更发生后的10天内提交给OGS。
年度和最终评估：
- 年度评估：学生在STEM OPT延期开始后的12个月和24个月需完成并签署自我评估表，雇主需要签字确认准确性。学生负责在相应报告期限的10天内将此表提交给OGS。
- 结束就业的最终评估：一旦就业结束，学生必须提交一份学生进展的最终评估。雇主需签字确认准确性，学生负责在相应报告期限的10天内提交评估。
报告失业情况：如果学生的就业在STEM OPT授权结束前被终止，雇主需在学生失业后的5个工作日内通知OGS。
特殊就业情况：新的STEM OPT规定限制了学生在STEM OPT延期期间可以参与的就业类型，特别禁止学生在STEM OPT延期期间从事志愿者或无薪实习。自雇的学生在新规定下也不符合STEM OPT延期资格，不能同时作为学生和雇主签署I-983表。如果有其他人能作为雇主签署I-983表并建立真正的雇主/雇员关系，那么在初创公司工作的学生可能有资格获得STEM OPT延期。
学生隐私与向雇主披露信息：根据《家庭教育权利和隐私法》（FERPA），OGS披露给雇主的信息受到限制。如果学生希望OGS与雇主讨论其就业资格或其他移民记录方面的信息，他们必须先向OGS提交完成的信息释放表。
验证I-9工作授权：雇主应遵循美国公民及移民服务局（USCIS）的I-9指南，以验证学生的身份和就业授权。根据USCIS的说法，学生的未过期EAD或与学校官方代表（DSO）签署的I-20表格的过期EAD足以证明身份和就业授权。
原文
The US government has provided helpful resources for employers on their STEM OPT Hub. We highly recommend that employers review these resources as they address many questions that employers may have about reporting requirements.
Form I-983
Employers will need to assist students with completing the Form I-983. The student should complete page 1 of the form. The remainder of the form should be completed by the student and employer together. Sections 1-6 of the form must be completed and signed by the student and employer before the student submits a request for a STEM OPT I-20 to us at the NYU Office of Global Services. The US government has provided specific instructions for employers on completing this form as well as a step-by-step tutorial for students and employers. If there are any changes to a student’s employment, the student and employer must complete a new Form I-983 and the student must submit it to the OGS within 10 days of those changes. Changes in the plan can include (but are not limited to): any change of Employer Identification Number resulting from a corporate restructuring, any reduction in compensation from the amount previously submitted on the Form I‐983, “Training Plan for STEM OPT Students,” that is not tied to a reduction in hours worked, any significant decrease in hours per week that a student engages in a STEM training opportunity, and any decrease in hours below the 20‐hours‐per‐week minimum required under this rule.
Annual and Final Evaluations
Annual Evaluations
The student must complete and sign a self evaluation 12 months and 24 months after beginning the STEM OPT extension. The employer needs to sign it to confirm accuracy. The student is responsible for submitting this form to the OGS within 10 days of the applicable reporting period. This evaluation can be found on page 5 of Form I-983. Note: digital signatures are not accepted. Final Evaluations for Ended Employment Once employment ends, the student must submit a final evaluation of student progress. This evaluation can be found on page 5 of Form I-983. It must be completed, signed, and dated by the student and employer based on the employment that has ended. The employer is required to sign it to confirm accuracy. The student is responsible for submitting the evaluation to OGS within 10 days of the applicable reporting period.
Reporting Loss of Employment
Employers are required to notify the OGS if a student’s employment is terminated prior to the end of their STEM OPT authorization. Employers must report this termination within 5 business days of the student’s employment termination. To report a student’s termination of employment, employers should email ogs.stemupdate@nyu.edu.
Special Employment Circumstances
The new STEM OPT regulations limit the types of employment that students can participate in during the STEM OPT extension. This regulation specifically prohibits students from working as volunteers or unpaid interns during the STEM OPT extension. Students who are self-employed are also ineligible for the STEM OPT extension under the new regulations and cannot sign Form I-983 as both the student and the employer. Students who work for a start-up company may be eligible for the STEM OPT extension if there is another individual who can sign Form I-983 as the employer and establish a bona fide employer/employee relationship. Students who work for a consulting firm or staffing agency should discuss their situation and eligibility with their employer to determine if a true employer/employee relationship exists in which the employer signing the training plan is also the employer that provides the practical training experience.
Student Privacy and Disclosing Information to Employers
Please note that the Family Educational Rights and Privacy Act (FERPA) limits what information the OGS can disclose to employers. We can provide general information on the STEM OPT extension, but we cannot provide information to an employer that is specific to that student without their prior written consent. If a student wishes for us to discuss their employment eligibility or other aspects of their immigration record with their employer, the student must submit a completed document release form to OGS.
Verifying Work Authorization for I-9 purposes
Employers should follow the USCIS I-9 guidance on the proper documentation to verify a student’s identity and employment authorization. According to USCIS, “an Unexpired EAD or Expired EAD presented with Form I-20 endorsed by the student’s Designated School Official (DSO)” is sufficient. For more information, review the USCIS I-9 webpage. Students with a pending STEM OPT application with USCIS are legally permitted to work for up to 180 days after the end date of the Post Completion OPT or until application adjudication, whichever comes sooner.
参考与备注
- Information for STEM OPT Employers
- OGS: 国际学生办公室