17-Month
Extension of
Optional
Practical Training
for
Students in STEM Fields of Study
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):
17-month
OPT Extension Application Checklist and Acknowledgement:
a list of the documents you should prepare before meeting with
your ISSO advisor.
Form
I-765: Application for OPT
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
After receiving a new Form
I-20 with a recommendation for the OPT extension from the ISSO advisor,
students must mail the completed application to the USCIS Service
Center that has jurisdiction over the address they listed in section
three (3) of the Form I-765.
Applications must be received by USCIS no later than 30 days after
the DSO recommends the student for the OPT extension.
Students who listed a Massachusetts address must use the USCIS Service
Center in Vermont:
U.S. Department
of Homeland Security
U.S. Citizenship and Immigration Services
Vermont Service Center
75 Lower Welden Street
Saint Albans, VT 05479-0001
For addresses outside of
Massachusetts, students should ask their advisor at the time of
their appointment or they should contact the ISSO.
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).
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/jsps/index.jsp.
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.
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