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Can my STEM OPT employer be a startup?

Yes, a startup can be a STEM OPT employer as long as it meets all the regulatory requirements. The startup must be enrolled in E-Verify, must have an employer identification number, and must sign the Form I-983 training plan committing to provide structured, supervised training with defined learning objectives. The employer must be the entity that signs the training plan and provides the practical training, which rules out arrangements where you train yourself or where there is no bona fide employer-employee relationship.

Watch out

Self-employment, sole proprietorships, and arrangements without a real employer-employee training relationship or E-Verify enrollment do not qualify.

Source: DHS Study in the States, Employers and the Form I-983

Informational, not legal advice. Immigration rules change and individual cases differ. Confirm anything that affects your status with your school’s DSO or an immigration attorney before acting.

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