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New
Interim Rule Affecting
Optional Practical Training
April 8, 2008
On April
8, 2008, the U.S. Department of Homeland Security published an interim
final rule that changes several key aspects of F-1 optional practical
training (OPT). The rule is effective immediately.
The rule places new restrictions and reporting requirements on students
participating in OPT after completion of their studies. Note
that what seems to be an exciting new 17 month extension benefit
is actually restricted to a very small number of students; those
who:
1. Have earned academic degrees in specific majors
within the fields of Science, Technology, Engineering and Math.
2. Who are currently working for (or have a job offer from)
an employer who is registered with the government's E-Verify system.
This new rule requires all students on
OPT to report the name and address of their employer as well as
interruptions in employment, and it limits the amount of time a
student may remain in the U.S. under OPT without being employed.
Note that this is an interim rule. While the provisions of
this interim rule take effect immediately, they are subject to change
before the final rule is published.
We will update our web site and send information to current students
as well as those authorized for post-completion OPT as soon as we
have developed specific procedures to collect this new data and
process extension applications for those who qualify.
The following information is adapted from the web site of NAFSA:
Association of International Educators.
Summary of Key Provisions
- OPT extension to 29 months for STEM students .
The 12-month limit on F-1 Optional Practical Training (OPT) will
be extended by 17 months, for a total of 29 months, for certain
STEM degree holders (Science, Technology, Engineering, Mathematics)
in the following fields:
- Actuarial Science. CIP Code 52.1304.
- Computer Science Applications CIP Codes 11.xxxx
- Engineering. CIP Codes 14.xxxx.
- Engineering Technologies. CIP Codes 15.xxxx.
- Biological and Biomedical Sciences. CIP Codes 26.xxxx.
- Mathematics and Statistics. CIP Codes 27.xxxx.
- Military Technologies. CIP Codes 29.xxxx.
- Physical Sciences. CIP Codes 40.xxxx.
- Science Technologies. CIP Codes 41.xxxx.
- Medical Scientist (MS, PhD). CIP Code 51.1401
Specifically excluded from the above codes, however, are all CIP
codes ending in xx99, which are "catch-all" categories usually designated
by "Other" in the CIP lists. Degrees associated with CIP codes ending
in xx99 are not eligible for the 17-month extension.
Click here to download
a PDF list of Boston University STEM designated majors that qualify
for the OPT extension.
- Other requirements for 17-month extension. Additional
requirements for the 17-month extension include:
- Student must be currently participating in a 12-month period
of OPT, working for a U.S. employer in a job directly related
to the student's major area of study.
- Student must have successfully completed a bachelor's, master's,
or doctoral degree in a field on the DHS STEM Designated Degree
Program List, from a SEVIS-certified college or university.
- Student must have a job offer from an employer registered
with the E-Verify
employment verification system.
- The student has not previously received a 17-month OPT extension
after earning a STEM degree.
- The DSO must recommend the 17-month OPT extension in SEVIS,
after verifying the student's eligibility, certifying that
the student's degree is on the STEM Designated Degree Program
List, and ensuring that the student is aware of his or her
responsibilities for maintaining status while on OPT.
- Student will have to apply for the 17-month extension on
Form I-765 with fee.
- Students who timely file an application for the 17-month
OPT extension will be able to continue employment while the
extension application is pending, until a final decision on
the I-765 or for 180 days, whichever comes first.
- The employer must agree to report the termination or departure
of the student to the DSO or through "any other means or process
identified by DHS." An employer must consider a worker to
have departed when the employer knows the student has left
employment, or if the student has not reported for work for
a period of five consecutive business days without the employer's
consent.
- H-1B cap-gap extension of D/S and work authorization
until October 1 . Duration of status and work authorization
will be extended for a student on OPT, who is the beneficiary
of a timely filed H-1B petition requesting an employment start
date of October 1 of the following fiscal year. This would apply
to all 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 student's behalf.
- I-765 filing window . Under the current rule,
the I-765 must be filed no later than the student's program end
date, and it is not specified how soon before the program end
date the application can be filed. Under the new rule, a student
will be able to file his or her I-765 up to 90 days prior to his
or her program end date, and up to 60 days after his or her program
end date.
- Duration of employment authorization
- Employment authorization will begin on the date requested
or the date the employment authorization is adjudicated, whichever
is later.
- Exception: The employment authorization period for the 17-month
OPT extension begins on the day after the expiration of the
initial post-completion OPT employment authorization, and
ends 17 months later, regardless of the date the actual extension
is approved.
- Reporting Requirements while on OPT
- Must report to the student's DSO within 10 days:
- any interruption of OPT employment
- Must report to the student's DSO within 10 days of any change
of:
- legal name
- residential or mailing address
- employer name
- employer address, and/or
- loss of employment.
- Must make a validation report to the DSO 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,
whichever is first. The validation is a confirmation that
the student's name and address, employer name and address,
and/or loss of employment is current and accurate. The
report is due to the DSO within 10 business days of each
reporting date.
- Limited Periods of Unemployment to Maintain Status
During post-completion OPT, F-1 status is dependent upon employment,
therefore:
- 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.
- Students granted a 17-month OPT extension may not accrue
an aggregate of more than 120 days of unemployment during
the total 29-month OPT period.
- F-1 students currently in the United States
will also be able to take advantage of the rule's new provisions.
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