SEVP site visits were once rare events, but in recent years, they have become an expected part of the OPT and STEM OPT experience. A visit from the Department of Homeland Security (DHS)’s Student and Exchange Visitor Program (SEVP) can be intimidating for students and employers alike. It is important to understand, however, these are fact-finding processes ensuring both employer and employee are abiding by the rules that govern OPT and STEM OPT employment. Employers and their student employees should anticipate and prepare for SEVP site visits.

This article provides an overview of SEVP site visits, including when they may happen, what to expect when they do, and how to ensure your preparation for them will go smoothly.

Why a SEVP Site Visit?

SEVP site visits are generally conducted by the Fraud Detection and National Security (FDNS) unit of U.S. Citizenship and Immigration Services (USCIS). They confirm that the employer-employee relationship between the student and employer is valid and educationally relevant. Site visits ensure the following conditions are met:

• Employer enrollment in E-Verify.
• The job is directly related to the student’s major.
• Students are following the training plan outlined in their Form I-983.
• The student is receiving mentoring, supervision, and appropriate compensation.
• Reporting requirements are being fulfilled to the Designated School Official (DSO).

Site visits are typically a positive thing for employers and F-1 students who are working in compliance with the program’s requirements. On the other hand, an employer who is attempting to “rent” OPT and STEM OPT workers without providing an educational benefit, or a student who is working for less than full wages in a job unrelated to their course of study, should be concerned when they see SEVP staff at their door.

Where and When Will the SEVP Show Up?

Site visits will normally take place at the employee’s main work site. Usually, this will be the  employer’s place of business. In a post-pandemic work world where hybrid and fully remote job positions have become commonplace, site visits may also be made at the employer’s home office or even at the student’s home if the work is being done there, so long as the remote work location is within the same Metropolitan Statistical Area (MSA) as the location originally reported to SEVIS.

To anticipate where a site visit may occur, the student’s I-983 should be consistently reviewed and updated to reflect any change in main work site. If an employee’s main work site changes and the I-983 is not updated, the employee may still be required to appear at the work site for the site visit.

Site visits may be unannounced. However, SEVP are routinely providing a notice of their intended visit to ensure require personnel are available. When SEVP staff request a visit, they usually must schedule it in advance, giving the employer and student time to prepare. The basic requirement is that at the time of the visit, both the employer and the student must be able to present evidence that the employment is proper under OPT or STEM OPT rules.

While SEVP may provide some notice, this notice may not be far in advance and may give the employer and student employee only limited time to prepare. No matter how brief the notice may be, both employee and employer should be prepared to be present at the worksite when the visit occurs. If an employee or employer is not available in person at the time of the site visit, alternative means of attending the interview through teleconference or another method should be set up and communicated with the SEVP staff ahead of the visit.

Preparing the Necessary Documentation

Employers and students alike should have a file (digital or physical) with all the appropriate documentation organized and ready for an SEVP visit. This should include the following for the students:

• A valid passport.
• A valid F-1 visa (if the student is not a citizen of a visa waiver country).
• Employment Authorization Document (EAD).
• The most recent I-20 indicating OPT or STEM OPT.
• A signed Form I-983 Training Plan.
• Recent pay stubs and offer letter.
• Current phone number and address.

For the employer, necessary materials include:

• E-Verify enrollment confirmation.
• Organizational chart with a designated supervisor.

Supervisors should also keep a training log that reflects ongoing training, supervision, and performance evaluation. They should retain a copy of the I-983 evaluation provided to the DSO. If the job will be remote, they should also have a policy in place for remote work.

During the Visit

The SEVP officer or officers conducting the site visit will likely interview both the student and the supervisor. In most cases, the interview will be conversational but sometimes it could be grilling.

Officials can ask students about the following:

• Daily tasks and activities.
• A clear line of relevance between their work and studies.
• Immediate supervisor’s name, title, and location.
• Description of feedback and performance evaluation.
• Work hours.
• Pay structure.
• Employment relationship.

Officials can also ask supervisors the following:

• Description of student supervision and training.
• Relationship of position to student’s degree.
• Material changes to training plan.
• I-983 format and approval.

Maintaining Consistency

Consistency in the evidence — and in the student’s and employer’s statements to the officer — is critical to a successful site visit. Inconsistencies between the I-983, the SEVIS record, and the student’s actual job duties, to name just one example, are the most common red flags.

Employers should also communicate frequently with their student employees and the Designated School Officials (DSOs) at the student employee’s university to ensure that the I-983 is consistent with the student employee’s employment. Policy requires I-983 amendments any time a student’s pay or work location change. Both student employee and employer must sign the amendment. Students should keep a copy of the amended I-983 in their file. Unrecorded changes in employment could result in violations and complications during the site visit.

Optimizing Compliance with Remote and Hybrid Work

Remote work, which had been relatively uncommon before the pandemic, has become increasingly common in many industries and employers. SEVP recognizes work done remotely, so long as it is within the same MSA as the one listed in SEVIS. With more work happening fully remotely or in a hybrid model, SEVP is likely to continue updating its policies and training staff on what to look for when visiting remote work sites. Notify the DSO of any updates in the students working hours or location immediately. Consistent reporting to SEVIS is critical.

The supervisor should maintain a written remote-work policy and a detailed record of the training and supervision provided to remote students, such as video calls that have been scheduled on a regular basis, or even shared project-tracking software.

If the employee is placed with a client either on the client site or remotely, the supervisor and employer should keep a record of the employee’s supervisor or personnel at the client site as well as a record of employer supervision of the employee’s work at the client site.

Site Visit Conduct

When an SEVP officer arrives, both the employer and the student should conduct themselves in a calm, professional manner. Employees should greet the officer politely and answer questions directly. If the student does not know the answer to a particular question, he or she should say, “I can verify that and get back to you.” The students should have their supporting documents ready and should not hesitate to provide them when requested.

Employer supervisor or another personnel attending the interview should take detailed notes and record the questions that the employee is unable to answer. Employer or personnel communicating directly with the SEVP officer should provide an answer as soon as possible. If the SEVP officer requests documents that are unavailable at the site visit, the employer supervisor should note the deadline for submission of those documents and ensure that those documents are provided to the SEVP officer ahead of that deadline. Both employers and students should keep any copies of any documents presented to an inspecting officer. Afterwards, notify the DSO that the site visit’s complete.

Follow-up With the DSO

It is also a good practice to document what happened on a site visit. The employer and the student should make notes of the officer’s name, the date of the visit, and the questions asked. Students should also notify their DSO of the visit and provide a copy of the summary of the visit. Any issues identified by inspecting officers should be rectified as soon as possible. Maintain ongoing contact with the DSO, this helps keep the students SEVIS record up-to-date.

Make any needed corrections as soon as possible following a site visit. Employers and students should work closely while correcting any errors. The best practice is to conduct frequent self-audits of the records for student employees to identify and correct any inconsistencies. This practice will allow for minimal inconsistencies and errors if a site visit does occur. Correct any errors or inconsistencies found as soon as possible.

Final Thoughts on SEVP Site Visits

Employers and students can take a positive view of site visits, which are here to stay. Staying in compliance is the best way of preparing for a site visit. A well-prepared student and a transparent, cooperative employer can make the site visit process much less stressful. These site visits provided an important opportunity for employers and their student employees to maintain consistent, correct records. Even if a site visit does not occur, inaccurate or disorganized records can cause issues for employers and their student employees alike.

How Immigration USA Can Help

Working with small upstart companies to large-scale companies, Immigration USA helps clients with Site Visits by federal agencies and site visit follow-ups. From reviewing and consulting to guidance and responding to requests from federal agencies, Immigration USA gives clients a full environment of solutions to draw from.

As always, Immigration USA actively monitors ongoing U.S. immigration news. If you have questions about any U.S. immigration related issue, please contact us. Working with an experienced attorney ensures you get the right advice based on the most recent laws and policy updates. In an ever-evolving immigration landscape, we’re with you every step of the way.