Minneapolis, MN asked in Immigration Law for Minnesota

Q: What evidence to send for unpaid internship if I get an RFE for employment history when applying for STEM OPT?

I'm on F1 OPT now applied for STEM OPT. On initial OPT I have had two unpaid internship experiences, but all I have is employment verification letter from my previous employer stating my title, dates, hours, etc. If I get an RFE for employment history on STEM OPT, is this evidence enough? What happens if I withdraw my case after RFE?

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James L. Arrasmith
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A: If you receive a Request for Evidence (RFE) for your employment history while applying for STEM OPT, having employment verification letters from your previous employers is a good start. These letters should include your job title, dates of employment, hours worked, and a description of your duties. This documentation helps demonstrate that your unpaid internships were related to your field of study and met the requirements of your OPT.

In addition to the verification letters, it might be beneficial to provide any other supporting documentation you have. This can include emails confirming your internship, performance evaluations, or any other correspondence that verifies your work. The more comprehensive your evidence, the better your chances of satisfying the RFE requirements.

If you decide to withdraw your case after receiving an RFE, your current OPT status may be affected. Withdrawing your case could mean that you lose your work authorization under STEM OPT, and you would need to make plans to either leave the United States or find another way to maintain your F-1 status. It's important to carefully consider your options and possibly seek legal advice to understand the full implications of withdrawing your application.

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