The information collected on the Form I-983 serves as a planning document for STEM OPT students, the SEVP-certified school, and the employer. SEVP uses the form as an evidentiary document to track the STEM OPT studentâs progress, identifying the terms and conditions of the practical training and documenting the obligations of the three parties that are involvedâthe F-1 student, SEVP-certified school, and employer.
The Student and Exchange Visitor Program (SEVP) authority for the collection of information for the Form I-983, âTraining Plan for STEM OPT Students,â is from a rulemaking, âImproving and Expanding Training Opportunities for F-1 Nonimmigrant Students With STEM Degrees and Cap-Gap Relief for All Eligible F-1 Students,â published in the Federal Register at 80 FR 63375 (Oct. 19, 2015; NPRM; U.S. Department of Homeland Security (DHS)) and 81 FR 13039 (March 11, 2016; final rule; DHS). This supporting statement fulfills the requirement for the periodic update to that collection. DHS derives authority to manage SEVP, including tracking and monitoring aspects, from the following:
⢠Section 641 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), Public Law 104208, Div. C (Sept. 30, 1996), which requires the creation of a program to collect information, on an ongoing basis, from SEVP-certified schools and exchange visitor program sponsors relating to F, M, and J nonimmigrants during the course of their stay in the United States, using electronic reporting technology to the fullest extent practicable. It further requires federal approval and authorization of schools and exchange visitor program sponsors participating in such enrollment. IIRIRA mandates collecting the identity, current U.S address, and the admission classification of the nonimmigrant; the date on which a visa under the classification was issued or extended or the date on which a change to such classification was approved by DHS; the current program status (academic or vocational) of the nonimmigrant, including whether the nonimmigrant is maintaining status as a full-time student or whether an exchange visitor is satisfying the terms and conditions of his or her program; and any disciplinary action taken by the school or the exchange visitor program sponsor against the nonimmigrant as a result of a conviction of a crime.
⢠The Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001, Public Law 107-56 (Oct. 26, 2001), which amended IIRIRA to add the requirement that information be collected on the F, M, and J nonimmigrantsâ date and port of entry into the United States.
⢠Homeland Security Presidential Directive-2, issued on October 30, 2001, which requires DHS to conduct periodic and ongoing review of all schools certified to enroll F-1 and M-1 students.
⢠The Enhanced Border Security and Visa Entry Reform Act of 2002 (EBSVERA), Public Law 107â173, 116 Stat. 543 (May 14, 2002), which requires DHS to recertify all schools approved to enroll F-1 and/or M-1 students within 2 years of its passage. Further, EBSVERA mandates that DHS conduct an additional recertification of these schools every 2 years.
DHS implemented the Form I-983 information collection to provide F-1 students with science, technology, engineering, and mathematics (STEM) degrees who are approved to extend their optional practical training (OPT) with a prescribed reporting document and methodology that complies with regulations.
The public burden associated with the Form I-983, SEVP saw an average decrease of 99,841 in each respondent group: students, DSOs, and employers during this reporting cycle. This reflects the effects of the COVID-19 pandemic. SEVP predicts no increase of STEM OPT applicants during the next 3 years. SEVP anticipates a reduction in DSO burden during the next 3 years as the new SEVP portal is more fully deployed. The following table identifies the delta from previous estimates to future estimates.
On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).
The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:
(i) Why the information is being collected;
(ii) Use of information;
(iii) Burden estimate;
(iv) Nature of response (voluntary, required for a benefit, or mandatory);
(v) Nature and extent of confidentiality; and
(vi) Need to display currently valid OMB control number;
If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.