University is violating the due process rights of the students by outright denying the I-983.

May 1, 2018

More and more universities are rejecting the Form I-983. If you receive any such rejection you can ask your attorney to represent the student and argue the following points.

  • University is violating the due process rights of the students by outright denying the I-983.
  • University is discriminating a student who is working at a third-party work site through an IT staffing company from that of a student who is working at the location of the employer.
  • The update in USCIS website cannot be sited as a law by the University. Referring to an update USCIS website will not be a valid defense if a lawsuit is brought against the University. In addition, the federal regulations do not place any limitations against client site eligibilities for the STEM OPT program.
  • ICE and the Student and Exchange Visitor Program, and not USCIS has authority over policymaking and enforcement of STEM OPT program
  • The governing regulations of STEM OPT did not prevent training that take place at a third-party client site
  • The University should accept the Form I-983 and issue the I-20 to the student. It is to be decided by the USCIS during the Application for Employment Authorization that the student is eligible for STEM OPT extension or not. The Universities have no statutory authority to exercise the powers of the government agency, USCIS.

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