ICE Begins Inspections To Employers

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They assure that ICE is going to workplaces with surprise raids "Employers, be careful", warned experts ICE has specific objectives well defined

According to the law firm Constangy Brooks Smith & Prophete LLP, the Immigration and Customs Enforcement Service (ICE) has begun with its surprise raids on employers in the workplace.

Therefore, they launched the alert: "Employers, be careful."

Reports indicate that ICE, during its inspections, is asking employers if American workers have been displaced by students with STEM OPT, and if the salary of these students is comparable to that of American workers.

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The STEM OPT program refers to foreign graduates of US colleges and universities. who earned degrees in Science, Technology, Engineering or Mathematics (STEM) and have been authorized ICE to receive optional post-graduation practical training.

The initial period of this preoccupation is normally 12 months after graduation, but such period can be extended up to an additional 24 months for STEM graduates (a total of 36 months after graduation).

OPT employment is often used by employers as a way to employ foreign STEM graduates for up to three years, without having to submit a work visa application.

OPT also allows the student additional opportunities to seek to qualify under the annual H-1B lottery.

That is why ICE seeks to avoid abuses in this program and its surprise raid operation is to prevent employers from hiring these students, rather than American workers.

According to the article published by the firm Constangy Brooks Smith & Prophete LLP on the Lexology website, in March 2016 regulations were issued that imposed additional requirements for STEM OPT.

These regulations included the completion by the employer and the student of a Training Plan (Form I-983), which explains the training and how “it is directly related to the improvement of the knowledge obtained by the student through his degree STEM qualified. ”

Specifies the name of the employer official responsible for the training program; and provides self-assessments by the student of his performance.

Form I-983 must be submitted to the student's Designated Student Officer for review and approval, and must be filed with the student's record. The form must also be updated if there are material changes.

The March 2016 regulations also authorized the U.S. Department of Homeland Security (DHS). to perform inspections of the employer's workplaces.

So at the discretion, DHS may visit the workplace of any employer.

The purpose of the site visit is for DHS to ensure that each employer owns and maintains the capacity and resources to provide structured, guided, work-based learning experiences consistent with any Form I-983 or completed successor form and signed by the employer.

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