In a recent case, a student who responded to a USCIS Request for Evidence (RFE) by submitting Form I-983—a key document required for STEM OPT extension—faced denial of their Form I-765 application for employment authorization. The decision by USCIS highlights two critical aspects that international students on F-1 visas must carefully manage: accurate documentation of employment terms and proof of a bona fide employer-employee relationship.
🔍 Case Summary
According to the USCIS notice, the applicant submitted Form I-983 in response to an RFE. Form I-983, often referred to as the Training Plan for STEM OPT Students, outlines the student’s role, learning objectives, supervision, and compensation during their training period. It is a key document to show that the STEM OPT employment aligns with academic goals and meets regulatory criteria.
The review of the Form I-983 indicated that the student claimed to be earning a specified amount as a software engineer with a particular employer. However, when USCIS compared this information with the student’s submitted bank statements, it found that the deposits into the student’s account were significantly higher than what was listed on Form I-983.
This income discrepancy raised red flags, leading USCIS to question whether the student had truthfully and accurately reported their employment conditions.
❗ Employer-Employee Relationship Under Scrutiny
Another major concern highlighted in the denial was USCIS’s inability to verify a bona fide employer-employee relationship. Despite the submitted evidence, USCIS could not determine if the student was genuinely working under the supervision of the employer listed on the Form I-983. As a result, they were unable to confirm whether the student was maintaining valid F-1 status.
In simpler terms, even if a company is listed on your I-983 and even if you are receiving payment, USCIS must be convinced that the employer is actually supervising you, providing training, and fulfilling the duties listed on the I-983.
🚫 Outcome: I-765 Denial
As a result of the issues mentioned above—the mismatch in reported income and the lack of clear employer oversight—USCIS denied the student’s Form I-765. This form is essential for receiving the Employment Authorization Document (EAD), without which the student cannot legally work in the U.S. under OPT/STEM OPT.
USCIS emphasized that this denial is issued “without prejudice,” meaning the applicant can still file new applications in the future, assuming they can address and correct the deficiencies.
💡 Key Takeaways for F-1 Students
This case underscores several important points that all international students on OPT or STEM OPT should be aware of:
- Consistency in Documentation: Ensure that your bank statements, Form I-983, offer letters, and employment verification documents are aligned. Any inconsistency—especially involving compensation—can be problematic.
- Valid Employer-Employee Relationship: USCIS requires that the employer listed on Form I-983 is actively involved in supervising and training the student. You must be working on-site or in a monitored remote setup with regular interaction, feedback, and mentorship.
- Transparency Is Critical: Misreporting income, job title, or employer information can be interpreted as misrepresentation and lead to denial or worse consequences such as status violation.
- File Strong Evidence: Letters from your manager, time logs, project documentation, and org charts can strengthen the case that a bona fide relationship exists.
📌 Final Thoughts
This denial is a stark reminder that OPT and STEM OPT are not automatic entitlements—they are privileges granted only when students strictly follow immigration guidelines. Whether you’re a student or an employer assisting a student, it’s essential to be precise, truthful, and thorough in all documentation submitted to USCIS.
If you’ve faced a denial like this or are unsure about your situation, it’s advisable to consult a qualified immigration attorney or your Designated School Official (DSO) to review your options and prevent future issues.
