Key Takeaways:
- Changes in employer ownership or structure can impact your OPT status, requiring reporting to your school and potential updates to your information in the SEVIS database.
- Taking proactive steps, such as notifying your DSO and seeking legal advice, can help navigate an employer ownership change and maintain your legal status.
- To stay compliant with OPT requirements, avoid exceeding unemployment limits and report any changes to your DSO, particularly if you’re on a STEM OPT extension.
What Happens to Your OPT if Your Employer Changes Ownership?
Understanding OPT and Employer Changes
Are you currently working in the United States under Optional Practical Training (OPT)? If so, it’s important to know how changes within your company might affect your immigration status. OPT provides international students with an opportunity to work in the United States for up to 12 months (or 24 additional months for STEM OPT extension holders) in a field related to their study. But what happens to your OPT status when there’s a significant change like an employer ownership change?
Impact of Employer Ownership Change on OPT Status
Changes in your employer’s ownership or structure can indeed have an impact on your OPT status. The critical thing to determine is whether the new employment situation constitutes a “material change” to the conditions under which your OPT was approved. A material change can include changes in the employer’s EIN (Employer Identification Number), reduction in compensation that’s not tied to reduced hours, or a significant change in job duties.
If your employer undergoes a restructuring or is acquired by another company, and the EIN changes as a result, you may need to report this change to your Designated School Official (DSO). The same applies if the terms and conditions of your employment change significantly. Failure to report such changes could jeopardize your OPT status and your ability to stay and work in the U.S.
Steps to Take During an Employer Ownership Change
If you find out that your employer will be going through an ownership change, follow these steps to maintain your status:
- Notify Your DSO: As soon as you learn about the change in employer ownership, contact your DSO. They can guide you on how to proceed with reporting changes.
Update Your Employment Information: You may need to update your employment information in the SEVIS database. Your DSO can help you with this.
Seek Legal Advice: Consider consulting an immigration attorney who can provide personalized advice based on your circumstances.
Keeping detailed records of your employment, including job descriptions, pay stubs, and any correspondence mentioning your OPT, is also important.
Staying Compliant with OPT Requirements
While on OPT, you have the responsibility to maintain your legal status by adhering to the conditions of your employment authorization. Here are some quick reminders:
- Do not exceed the permissible period of unemployment.
- Report any changes in your name, address, employer, or loss of employment to your DSO.
- If you’re on a STEM OPT extension, remember to submit your self-evaluation reports to your DSO every six and twelve months.
Conclusion
An employer ownership change can have a significant immigration status impact, including on your OPT status change. While it does not automatically mean that your OPT or your status in the U.S. is at risk, it does necessitate some proactive steps on your part. By being informed and staying on top of changes, you can navigate through these corporate changes without jeopardizing your legal status. Your DSO is always a key resource, and when in doubt, legal guidance can be invaluable.
For more information about OPT and how to maintain your status, visit the U.S. Citizenship and Immigration Services (USCIS) website or the Study in the States resources. Remember, staying informed and compliant is the key to making the most of your OPT opportunity.
So there you have it, my friend! When it comes to your OPT and employer ownership changes, staying on top of things is key. Don’t let those corporate shenanigans jeopardize your legal status. Keep your DSO in the loop, update your info, and, if needed, consult a pro. And hey, if you want more tips and advice on immigration matters, head over to visaverge.com. They’ve got you covered with all things visa-related. Good luck out there in the land of OPT!
FAQ’s to know:
FAQ 1: What is considered a material change to my OPT status when it comes to an employer ownership change?
Answer: A material change refers to significant changes in your employment conditions that may impact your OPT status. This can include changes in your employer’s EIN (Employer Identification Number), a reduction in compensation unrelated to reduced hours, or a substantial change in job duties.
FAQ 2: What should I do if my employer undergoes an ownership change while I am on OPT?
Answer: As soon as you learn about an ownership change, notify your Designated School Official (DSO) and update them on the situation. You may need to update your employment information in the SEVIS database as well. It is recommended to seek legal advice from an immigration attorney to ensure compliance with the necessary steps.
FAQ 3: How can I maintain compliance with OPT requirements during an employer ownership change?
Answer: To stay compliant with OPT requirements during an employer ownership change, ensure you do not exceed the allowable period of unemployment. Additionally, promptly report any changes in personal information, employer details, or loss of employment to your DSO. For STEM OPT extension holders, submit the required self-evaluation reports to your DSO every six and twelve months. Keeping detailed records of your employment is crucial.
What did you learn? Answer below to know:
- True or False: An employer ownership change can have an impact on your OPT status.
- What is considered a “material change” when it comes to OPT status and employer ownership changes?
a) Change in job duties
b) Change in employer’s EIN
c) Reduction in compensation not tied to reduced hours
d) All of the above - What steps should you take if your employer is undergoing an ownership change?
a) Notify your DSO
b) Update your employment information in the SEVIS database
c) Seek legal advice
d) All of the above
