At the Law Offices of Sabrina Li, we recently represented a start-up founder who received a Notice of Intent to Deny (NOID) on her STEM OPT extension. The notice questioned whether a bona fide employer–employee relationship existed between the client and her STEM OPT sponsor. Although she had a valid training plan, active payroll enrollment, and ongoing supervision, USCIS determined that the evidence provided did not sufficiently establish the legitimacy of the employment relationship.
Our client, a talented STEM graduate working in a data science role, had been contributing to a start-up developing innovative financial technology. Under STEM OPT regulations, F-1 graduates may continue working in their field of study for an additional 24 months if they are in a structured, supervised position with an E-Verified employer.
However, USCIS raised concerns about whether the client was truly an employee of the company, questioning the level of supervision, compensation structure, and day-to-day oversight. If left unchallenged, this finding could have terminated her employment, interrupted her career, and jeopardized her lawful status in the United States.
Drawing on our firm’s extensive experience with complex F-1 and STEM OPT adjudications—particularly those involving founder-led companies—we quickly identified that USCIS’s concerns stemmed from a misunderstanding of how supervision and control operate within start-up environments.
We crafted a focused, evidence-based response demonstrating that the client was a bona fide employee, distinct from her ownership role, and working under legitimate supervision. By systematically addressing each issue raised, our response reframed the analysis from speculation to documentation—proving that the client’s employment fully complied with both the intent and the letter of 8 C.F.R. § 214.2(f)(10)(ii)(C).
Just two days after our submission, USCIS approved the STEM OPT extension. The rapid turnaround confirmed that the agency accepted our position and recognized the legitimacy of the client’s employment relationship.
For our client, the approval was transformative—allowing her to continue working in her field, grow her start-up, and maintain lawful status without interruption. For our firm, it reaffirmed the importance of precision, advocacy, and understanding the evolving realities of employment in innovative industries.
This case highlights a growing challenge for international entrepreneurs: USCIS often struggles to apply traditional definitions of “employer–employee” relationships to modern start-up structures. Yet with the right strategy, documentation, and legal guidance, founders can successfully demonstrate compliance and maintain lawful status.At the Law Offices of Sabrina Li, we help innovators and entrepreneurs navigate these complex issues with clarity and confidence.
Led by Sabrina Li, a State Bar of California Certified Specialist in Immigration and Nationality Law, our firm has extensive experience representing STEM graduates, entrepreneurs, and start-up founders in complex OPT and employment-based immigration matters. We understand the unique challenges founders face and know how to present evidence in a way that USCIS understands and respects.
If you or someone you know has received a STEM OPT RFE or NOID, or is facing questions about an employer–employee relationship, our experienced team is here to help. Contact us today at (213) 375-8096 or email info@sabrinali.law for a consultation.
Your vision drives innovation. We’ll make sure immigration keeps up.
Our attorneys possess diverse immigration experience and have an in-depth understanding of the complex interplay between various immigration laws, policies, and regulations, ensuring accurate and comprehensive guidance. We offer a full range of immigration services, addressing all aspects of your case while identifying potential opportunities and challenges.
We provide a tailored approach to each client's case, ensuring that you receive individualized attention and a customized strategy for your unique situation. We adjust our strategy as your needs or circumstances change, guaranteeing a seamless transition between different phases of your immigration journey.
Our team is composed of immigrant and first-generation American professionals, along with individuals from various cultural backgrounds. Many of us have firsthand knowledge of the challenges faced during the immigration process. This allows us to provide guidance and advocacy rooted in authentic understanding.
