An international student on an F-1 visa in the US has received a Request for Evidence from USCIS. The RFE relates to the student’s STEM OPT application. The notice has caused confusion due to how the employer details were listed.
According to the letter, USCIS is asking for proof of employment. Surprisingly, the employer is listed as the student themselves. This appears to be linked to the student’s earlier self employment arrangement.
The student had previously operated a self employer Limited Liability Company (LLC). Because of this structure, USCIS may have recorded the student as their own employer. This has now triggered scrutiny over the nature of that employment period.
Officials are seeking proof of a bona fide employer employee relationship during the time of self employment. Such evidence generally includes a signed Form I-983 training plan. This document outlines supervision and training details under STEM OPT rules.
Immigration experts say similar RFEs have become more common for self employer F-1 students. In this case, the student’s I-751, I-20 and I-983 list the current employer. However, USCIS appears to be reviewing past records closely.
Experts recommend contacting USCIS for clarification on acceptable documents. They also advise submitting complete employment records to avoid further delays. Providing comprehensive documentation can help resolve potential inconsistencies.
The student should collect pay records and all paperwork related to the previous LLC. A timely response to the RFE is critical. Failure to respond properly could risk denial of the STEM OPT application.
