Effective April 8, 2008, the Department of Homeland Security (DHS) revised its regulations
on F-1 Optional Practical Training (OPT). The following points highlight the important
changes:
-
17-month post-completion OPT extensions for certain STEM grads. The new
rules makes recipients of bachelor’s, master’s, and doctoral degrees in certain
STEM (science, Technology, Engineering, and Mathematics) fields eligible for a one-time
17-month extension of post-completion OPT (for a total eligibility of up to 29 months).
To be eligible for the extension, the student’s employer must be registered with
E-verify, and agree to report to the International Student Advisor when the student
is terminated or leaves employment. The student must agree to make periodic reports
to International Student Advisor. (Please be aware that very few U.S. employers
participate in the federal government’s E-verify Program.)
- OPT filing deadlines.
The rule sets new deadlines for filing Form I-765 for post-completion OPT. An I-765
for standard post-completion OPT can be filed up to 90 days before the program end-date
and up to 60 days after the program end-date, provided that it is filed within 30
days of the date the International Student Advisor enters the OPT recommendation
into SEVIS. Applications for the 17-month STEM extension must be filed before the
current EAD expires.
- H1 B cap-gap extensions of D/S and work authorization until
October 1. Duration of status and work authorization will be automatically extended
for a student on OPT, who is beneficiary of a timely-filed H-1B petition requesting
change of status and an employment start date of October 1 of the following fiscal
year. This would apply to all qualified students on OPT, not just STEM students.
The extension of duration of status and work authorization would automatically terminate
upon the rejection, denial, or revocation of the H-1B petition filed on the students
behalf.
- Effect periods of unemployment while on OPT. The new rule states that
“during post-completion OPT, F-1 status is dependent upon employment. During any
initial 12-month period of post-completion OPT, no student (including STEM students)
may be unemployed for an aggregate of more than 90 days. 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 on which the student on
post-completion OPT.
- Grandfathering. F-1 students currently in the United States,
including students currently on OPT, will also be able to take advantage of the
rule’s new provisions, and are bound by its limits.