在consulting工作的学生申请STEM OPT 7 Months Extension

您好，移民局发布的STEM延期新政中的确规定了在这类第三方公司工作的OPT学生不具有申请OPT Extension的权利，雇佣关系和填写training plan的雇主必须是同一个雇主，详细内容如下：

There are several aspects of the STEM OPT extension that do not make it apt for

certain types of arrangements, including multiple employer arrangements, sole proprietorships,

employment through “temp” agencies, employment through consulting firm arrangements that

provide labor for hire, and other relationships that do not constitute a bona fide employer-employee

relationship. One concern arises from the difficulty individuals employed through

such arrangements would face in complying with, among other things, the training plan

requirements of this rule. Another concern is the potential for visa fraud arising from such

arrangements. Furthermore, evaluating the merits of such arrangements would be difficult and

create additional burdens for DSOs. Accordingly, DHS clarifies that students cannot qualify for

STEM OPT extensions unless they will be bona fide employees of the employer signing the

Training Plan, and the employer that signs the Training Plan must be the same entity that

employs the student and provides the practical training experience. DHS recognizes that this

outcome is a departure from SEVP’s April 23, 2010 Policy Guidance (1004-03).

24个月延期新政详细内容可以参考：https://www.federalregister.gov/articles/2016/03/11/2016-04828/improving-and-expanding-training-opportunities-for-f-1-nonimmigrant-students-with-stem-degrees-and