17-Month Extension of

Optional Practical Training

for Students in STEM Fields of Study

UPDATE:  On May 11, 2012, the U.S. Department of Homeland Security added several fields of study to the list of CIP codes that now qualify for the 17-month extension of OPT. Download a full list of Boston University degree program majors - and their corresponding CIP codes - that qualify for the extension (majors added in May 2012 are listed in bold).

On April 8, 2008, the U.S. Department of Homeland Security (DHS) published an interim final rule that permits students in F-1 status who are on post-completion OPT to apply for a 17-month extension of employment authorization provided they meet all of the following requirements:

• Student must have earned a bachelor's, master's or doctoral degree in a field on the DHS STEM Designated Degree Programs list. See the official list of approved CIP codes or download a PDF document prepared by the ISSO listing specific BU majors that qualify.
  
  

• 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 STEM major area of study.
  
  

• The student's current or prospective employer must be registered with the DHS E-Verify employment verification system.
  
  

• The student has not previously received a 17-month OPT extension.
  
  

• The employer must agree to report the termination or departure of the student to the ISSO within 48 hours of the termination or departure. See Employer Requirements to Report Termination of Employment below.
  

Deadline to Apply for the 17-month OPT Extension
The application for the 17-month OPT extension must be received by USCIS prior to the expiration date of the student's current OPT Employment Authorization Document (EAD), and no later than 30 days after the student's ISSO advisor signs the OPT extension recommendation on Form I-20.

Procedures to Apply for the 17-month OPT Extension

1.  Complete Forms and Assemble Documentation
Download the following PDF documents to begin your application (paper copies are also available at the ISSO):

OPT STEM Extension Application Package:  This package includes the OPT Extension application form (Form I-765), a list of the documents you must prepare before meeting with your ISSO advisor; photo specifications; and the OPT Acknowledgement that you must sign before receiving an OPT recommendation from the ISSO.

Employer Agreement Form:  This form must be signed by the student's employer to provide proof of registration in E-Verify and confirm that the employer agrees to report the student's termination of employment as required by regulation.

2.  Schedule an Appointment with your ISSO Advisor
After preparing the documents in the Checklist, call the ISSO to schedule an appointment with your ISSO advisor.

3.  Submit the Application to USCIS

Applications must be received by USCIS no later than 30 days after the DSO recommends the student for the OPT authorization.

After receiving a new Form I-20 with a recommendation for the OPT authorization from the ISSO advisor, students must mail the completed application to the USCIS Lockbox facility at one of the the following addresses. After the Lockbox facility processes the check and mails a receipt notice to the student, the application will be forwarded to the appropriate USCIS Service Center for adjudication.

We recommend sending the application by an overnight or express courier service (U.S. Express Mail, Federal Express, DHL or UPS ) or via the U.S. Post Office via Certified Mail with a Return Receipt requested to provide confirmation of delivery.

We recommend sending the application by an overnight or express courier service (U.S. Express Mail, Federal Express, DHL or UPS ) or via the U.S. Post Office via Certified Mail with a Return Receipt requested to provide confirmation of delivery.

NOTE: In the event that the application is lost or if ISSO follow-up is required, it is very important that students keep official verification that their applications were mailed and received by the USCIS. It is also important to provide the ISSO advisor with the receipt number (beginning with “EAC“) provided on the USCIS Notice of Action (see below).

E-Notification of Application Acceptance (new service as of February 2010):    If you would like an email and/or text message sent to you informing you that USCIS has accepted your application, you may submit a Form G-1145 with our OPT application.  Please be aware that this is NOT a subsititute for proof that the application was delivered to USCIS.  If USCIS were to lose your application before opening the envelope and completing data entry, your signed Return Receipt from the Post Office or other shipper's proof of delivery would be required to establish that you attempted to file your application in a timely manner.

USCIS Processing of the OPT Application
Notice of Action or Request for Evidence
Students will receive an official Notice of Action (Receipt Notice) from USCIS approximately two to four weeks after mailing the application. This notice will confirm official receipt of the application and assign a case number (beginning with “EAC “) to the pending application.

In some cases, USCIS may send a blue Form I-797 “Request for Evidence” to an applicant. This letter is issued in cases where an item in the above checklist is missing, or USCIS requires additional information before making a decision on an application. If such a letter is received, students should contact the ISSO immediately for assistance.

Checking the Status of the Application
Students may check their case status on-line using their case number (beginning with "EAC") at https://egov.uscis.gov/cris/Dashboard.do. Students who still have questions after checking the case status on-line should contact the ISSO. It may take up to 90 days to reach a decision on the case. If the application takes longer than 90 days from the date on the official receipt notice, students may contact the ISSO to inquire about procedures to request a temporary employment authorization card.

Cancellation of OPT Application
USCIS has no provision for canceling OPT authorization after the application has been adjudicated. Students who have not yet mailed their application for the 17-month extension of their OPT may request cancellation of their OPT recommendation through a second appointment with their ISSO advisor.

Approval
Once the application is approved, USCIS will mail the student a new Employment Authorization Document (EAD) to the address the student indicated on the Form I-765. Students must bring this card and their I-20 to the ISSO so the EAD can be copied for the file and the I-20 can be endorsed for travel.

Maintenance of F-1 Status during the 17-Month OPT Extension Period

Restrictions on Unemployment

Students approved for the 17-month OPT extension may not accrue an aggregate of more than 120 days of unemployment during their entire 29-month OPT period (i.e., during the initial 12 months of OPT plus the 17-month extension).

Restrictions Regarding OPT Employers
Students authorized for an OPT STEM extension must work at least 20 hours per week for an E-Verify employer in a position directly related to the student's STEM degree. There is no limit on the maximum number of hours a student may work and a student may work for multiple employers as long as each employer is registered with E-Verify.

Working while the OPT Extension Application is Pending

If the initial 12-month period of OPT expires before the OPT extension is approved, the interim final rule automatically extends the student's work authorization for up to 180 days.  Students should provide a copy of the I-765 Receipt Notice to their employer to prove eligibility for continued employment.

Reporting Requirements
The student is required to report the following information to the ISSO throughout the entire period of the OPT extension.  Failure to report properly could be considered a violation of the student's F-1 immigration status.

Report Changes of Your Name and Address
Students are required to report any change of their name or U.S. address (within 10 days of moving) to Boston University for as long as they remain in F-1 status. The ISSO has arranged for students on OPT to maintain access to the Student Link throughout their period of OPT.  Report any address changes in the Immigration-U.S. address field in the Student Link (http://www.bu.edu/studentlink). Report name changes through the ISSO Contact web page or by sending an email message to isso@bu.edu. Failure to report a name or address change could be considered a violation of F-1 status and may result in termination of the OPT.

OPT Location/Employer Reporting Requirement
The Department of Homeland Security (DHS) now requires all students in F-1 status who have been granted Optional Practical Training employment authorization to report the name and address of their OPT employer.  Students must also report if their employment is interrupted at any point. Click here for reporting instructions.
 

Six-Month Validation Report

Students are required to make a validation report to the ISSO six  months and twelve months after the start date of the OPT extension.  The reporting requirement ends when the student changes educational levels at the same school, transfers to another school, or the 17-month OPT extension ends, whichever is first. The validation is a confirmation that the student's name, residential address, employer information, and employment status are current and accurate. The report is due to the ISSO within 10 business days of each reporting date.

Procedures to complete the six-month validation report:
1. Review the OPT location/employer data as well as your Immigration-U.S. Address on the Student Link and make certain that the information is correct.

2.  Send an email to isso@bu.edu or contact the staff of the ISSO. In the subject line, write “Six-month Validation.”  In the body of the message include your full name and BU ID number, then state that all of the following information as shown in the Student Link is correct: name, OPT location/employer data, and Immigration-U.S. address.

Employer Requirements to Report Termination of Employment

If the student's employment is terminated or the student departs the company/organization, the employer must contact the ISSO – within 48 hours of the termination or departure. If the student is absent from work for more than five (5) days without the employer's approval, the employer must also report to the ISSO that the student is no longer working.  The employer may report the termination/departure by sending an email to isso@bu.edu or by contacting the ISSO staff. 

Traveling outside the U.S.
Students should not travel outside the U.S. unless they have received their EAD. In order to reenter the U.S. in F-1 status, students will need their EAD, Form I-20 with the OPT endorsement, a travel signature less than six months old, a valid F-1 visa, and a valid passport. Students should also carry proof of their employment or a job offer. Students whose OPT employment has been interrupted are advised not to travel abroad until they have found new employment as they may not be readmitted to the U.S. in F-1 status.

Extended Absence from the U.S. or
Entry to the U.S. in a New Immigration Status
Authorization for OPT is automatically terminated if the student is physically absent from the U.S. for more than five months or if the student is admitted to the U.S. in another immigration status (such as entry as a B-2 visitor).

Beginning a new program of study
Authorization for OPT is automatically terminated if the student officially transfers to another school or begins study at another educational level on a new Form I-20.

Legal Options after the Completion of the 17-Month Period of OPT
H-1B Cap-Gap Extension of Status and Work Authorization until October 1st.

A student's F-1 status and OPT employment authorization will be extended if the student is the beneficiary of a timely filed H-1B petition requesting change of status and an employment start date of October 1st of the following fiscal year. This benefit applies to all students on OPT, not just STEM students. The extension of status and work authorization automatically terminate upon the rejection, denial, or revocation of the H-1B petition filed on the student's behalf.

60-Day Grace Period
Once students have completed their 17-month extension of OPT, they are permitted to remain in the United States for up to sixty days in order to prepare for departure. Students are not permitted to continue employment during this period (unless authorized under the H-1 cap-gap benefit; see above). While travel within the U.S. is permitted during the grace period, departure from the country and reentry in F-1 status is not permitted during this time. Once a student departs the U.S., the grace period is concluded.

Change of Program Level
Students who intend to continue their education immediately following completion of OPT must obtain a Form I-20 for the new program of study within 60 days of the end of their OPT, and must begin the new program of study within five (5) months of the end of the OPT. If the program of study will begin more than five months after the end of the OPT, the student must leave the U.S. within the 60-day grace period and request a new "initial attendance" I-20 in order to reenter to begin the new program of study.

Change/Adjustment to another Immigration Status
Students who intend to remain in the U.S. following completion of their 17-month extension of OPT and whose primary purpose will not be full-time study may qualify to apply for a change of immigration status. The ISSO advisor may be able to give general information about eligibility for change to another nonimmigrant status (such as H-1B or TN temporary nonimmigrant worker categories, or F-2 dependent category). General information about immigration status can be found on the USCIS web site at www.uscis.gov.

NOTE:  that this is an interim rule.  While the provisions of this interim rule took effect on April 8, 2008, they are subject to change before the final rule is published.

Students are encouraged to contact the staff of the ISSO with questions relating to the cap gap, eligibility requirements and documentation procedures.

ISSO
Boston University
September 19, 2012