UPDATE: As of March 11, 2016, Immigration Customs Enforcement unveiled a STEM OPT “Hub” (weblink) which outlines a transition plan for F-1 students with pending STEM OPT applications and with existing STEM OPT EADs, and which outlines the new Form I-983 which employers must complete and sign for submission to the students Designated School Officer (DSO).
On March 9, 2016, the U.S. Department of Homeland Security (DHS) announced that the agency will publish its new final rules updating the Optional Practical Training (OPT) program for international students in Science, Technology, Engineering, and Mathematics, or STEM, fields. The new rules will take effect on May 10, 2016.
The new rules make the following key changes:
- STEM OPT extensions will be granted for a total of 24 months, an increase from the original program’s 17 month STEM OPT extension. Students already on their 17-month STEM OPT may apply for an additional seven months of STEM OPT on or after May 10, 2016.
- To qualify, the student must have earned a degree from a school accredited by a U.S. Department of Educationrecognized accrediting agency and certified by the Student and Exchange Visitor Program (SEVP).
- DHS will update the list of academic fields recognized as “STEM Designated Degrees” and will maintain the new list at https://www.ice.gov/sevis. Note: the new list is available at this link, but it will not go into effect until May 10, 2016 and is subject to DHS revision.
- Students who earn an additional degree in a qualifying STEM field from an accredited and SEVP-certified school can apply for a second STEM OPT extension.
- Students can use a previously-earned degree in a qualifying STEM field to apply for a STEM OPT extension, provided that the previous degree was not already used for a STEM extension, the school issuing the degree is accredited and SEVP-certified at the time the student applies for the STEM OPT extension, and the student’s most recent degree is also from an accredited, SEVP-certified institution.
- The final rule solidifies the H-1B “Cap-Gap” relief first introduced in a 2008 DHS regulation for any F-1 student with a timely filed H-1B petition and request for change of status.
- The final rule confirms and authorizes STEM OPT extensions only for students employed by employers who participate in E-Verify.
The final rule also adds new criteria to improve and increase oversight over STEM OPT extensions. Jackson & Hertogs will provide further updates once USCIS announces how these new regulations will be implemented and reviewed:
- Employers participating in STEM OPT must incorporate a formal training program that includes concrete learning objectives with proper oversight, in addition to being enrolled in E-Verify.
- The terms and conditions of a student’s training opportunity, such as duties, hours, and compensation, must be on par with U.S. workers in similar positions in the same geographic area of employment. Additionally, the student must not replace a full-time, part-time, temporary, or permanent U.S. worker.
- Students will be allowed a period of 60 days of unemployment during the STEM OPT extension period, an increase from the original 30-day limit. The 90-day limit on unemployment during the initial OPT period remains unchanged.
Optional Practical Training, or OPT, provides F-1 international students the opportunity to engage in temporary U.S. employment directly related to their academic field. This includes a 12-month period of OPT after completion of a U.S. degree, as well as a further extension for students whose academic field is among the Science, Technology, Engineering, and Mathematics, or STEM, fields. More information regarding the original STEM OPT program can be found at this link.
For more information on the F-1 student visa and the OPT program, please visit our website.
