29-Month OPT Rule Updates
On Tuesday, April, 8, 2008, the Department of Homeland Security (DHS) officially
announced the final rule regarding new F-1 regulations effecting Optional
Practical Training (OPT).
Summary of key provisions:
- OPT will be extended by 17 months for certain F-1
students whose I-20’s
were issued for specific degrees in Science, Technology, Engineering
and Mathematics (known as STEM). A total of 29 months of OPT
will be permitted for students who qualify for this new extension.
- The DHS has identified the following fields in STEM: Actuarial
Science, Computer Science, Engineering, Engineering Technologies, Biological
and Biomedical Sciences, Mathematics and Statistics, Military Technologies,
Physical Sciences, Science Technologies and Medical Scientist. [Click
here to see if your Stanford degree qualifies as a STEM degree. (PDF
file)]
- Employers who wish to extend a student’s OPT based on STEM degrees,
must now use the U.S. Citizenship and Immigration Services’ (USCIS)
E-Verify employment verification program.This allows the USCIS
to match applications for employment with immigration status. However,
this could have a negative affect on large companies, as very few employers
are in E-Verify at the moment. (Once an employer has used E-Verify
to hire a student based an extension of OPT, they will have to use E-Verify
for ALL subsequent hires!) This issue may consequently prevent a
student whose major is based on a STEM degree from qualifying for an extension.
- Students participating in STEM must make
a “validation report” every
six months starting from the date the extension begins and ending when
the student’s F-1 status ends, the student changes educational
levels at the same school, the student transfers to another school,
or the 17-month OPT extension ends. Students will be expected
to report current and accurate information regarding changes in student’s
name and address, employer name and address, and/or loss of employment. The
report is due to the I-Center within 10 business days of each reporting
date. (We anticipate that this reporting can be done thru e-mail.)
- Students participating in STEM OPT extension requests must first be processed
through the I-Center and approved by the USCIS. Students who file
a timely extension (90 days before the current permit expires), along with
the appropriate fee for form I-765, may continue to work while the application
is pending a final decision by the USCIS, or for 180 days, whichever comes
first.
- Students may not accrue an aggregate of more than 90 days
of unemployment during any post-completion OPT carried out under the
initial post-completion OPT authorization. However, if a STEM student
receives a 17 month extension, the limit on unemployment is raised to
an aggregate of no more than 120 days, applied to the entire 29 month period
of post-completion OPT.
- Students who started post-completion OPT prior to April 8, 2008,
unemployment time will accrue only for time spent unemployed after
April 8, 2008. Time unemployed prior to April 8, 2008 will not be counted.
- Days of unemployment will be counted from either the start date
requested for employment (no later than 60 days after the conferral
of the degree) or the date the employment authorization is adjudicated,
which ever is later.
- Students may apply for OPT no earlier than 90 days
prior to the completion of studies (conferral of degree) and no later
than 60 days from completion of studies. (Previously students could
only apply before the completion of their studies.)
- Employers are also required
to report to schools within 48 hours after the student has been terminated
from, or otherwise leaves employment with that employer prior to the
end of the authorized period of OPT.
- An F-1 Student who is currently
in status on OPT, and who is the beneficiary of a timely-filed H-1b
petition, but whose OPT would expire before the H-1b becomes available,
will be able to remain in status AND employed during the cap-gap period
between the end of OPT and the beginning of the H-1b. This
would apply to all students on OPT, not just STEM students. The extension
of duration of status and work would automatically terminate upon rejection,
denial or revocation of the H-1b petition filed on the student’s
behalf.
- NOTE: Your extension application must
be received by UCSIS BEFORE the expiration date of your EAD
card.
Updates to Post-Completion Optional Practical Training (Policy Guidance)
Stanford Degree Programs that Qualify
as STEM Degrees (PDF)
Application procedures for Post-OPT
extension are available
on the Practical Training page.
New DHS FAQ (05/23/2008): EXTENSION OF OPTIONAL TRAINING
PROGRAM FOR QUALIFIED STUDENTS–
Rule Expands ‘Cap-Gap’ Relief for Students with Pending H-1B
Petitions
For further updates as new information is obtained, please see
the DHS
web site or NAFSA:
Association of International Educators web site
