Changes
to F-1 Optional Practical Training:
New Procedures, Requirements and Benefits
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 places new restrictions on F-1 students participating
in OPT (employment authorization) after completion of their studies
and implements additional reporting requirements for maintaining
valid F-1 student status. While the provisions of this interim rule
take effect immediately, they may be subject to change before the
final rule is published. Please pay special attention to the following
information to learn about new benefits that may be available to
you as well as new responsibilities to maintain lawful F-1 status.
This new rule emphasizes the importance of maintaining communication
with Boston University for the duration of OPT. The staff
of the ISSO is committed to helping students to maintain status
during OPT based on these new provisions, but it is critical that
students pay very close attention to the following information.
Changes
to OPT application procedures for F-1 students currently enrolled
at BU
This new rule changes the
deadlines within which F-1 students are eligible to apply for OPT
and requires new application forms. Most students will be eligible
to submit the application for post-completion OPT to U.S. Citizenship
and Immigration Services (USCIS) a maximum of 90 days prior to their
program end date, and up to 60 days after their program end date.
Click
here for detailed information regarding eligibility
and application procedures for F-1 OPT.
New
responsibilities and benefits for all students who have applied
for, or have been authorized for, a period of post-completion F-1
OPT
1. The
rule requires all F-1 students participating in OPT after completion
of their program to report the name and address of the location
of their OPT activities to Boston University for SEVIS reporting
purposes. Students must also report information if they are
not working once their approved period of OPT has begun and they
are not yet employed. Likewise, they must report any interruptions
or changes to their OPT employment/activities throughout their period
of OPT. We have modified the “Personal” section of the Student
Link to facilitate this new reporting requirement.
Click
here for specific OPT reporting deadlines
and instructions.
2. The
rule imposes strict limitations on possible periods of unemployment
or non-activity during post-completion F-1 OPT. Students must pay
very close attention to document and report their activities during
F-1 OPT as those who exceed these limits will violate student immigration
status. Most students will not be allowed to exceed an aggregate
of 90 days of unemployment during a 12-month period of post-completion
OPT beginning April 8, 2008.
Click
here for detailed information about acceptable types
of employment and OPT activities.
3. The
rule provides temporary extension of F-1 OPT employment authorization
for some students for whom cap-subject employers have petitioned
for a change of status to the H-1B temporary worker classification.
If your employer submitted an H-1B petition on your behalf with
a requested start date of October 1st, and if your petition was
selected in the USCIS Service Center 's “FY2009 H-1B lottery”, you
may now be eligible to remain working in the U.S. after your current
F-1 OPT employment authorization expires until September 30th.
Click
here for cap-gap eligibility requirements
and procedures to extend F-1 status and OPT employment authorization
4. The
rule permits students who graduated with a bachelor's, master's,
or Ph.D. in specific majors within the fields of science, technology,
engineering and mathematics (STEM) and who are working, or will
work, for employers registered with the federal E-Verify employment
verification program.
Click
here for more information about the STEM
majors that qualify, as well as E-Verify and application deadlines
and procedures.
All other provisions of
maintaining F-1 status during periods of OPT still apply.
These include the requirement to report any change in your residential
address to the ISSO through the Student Link in the Immigration-U.S.
address field; the restriction to work only in jobs or participate
in OPT activities that are commensurate with your educational level
and directly related to your major field of study; and finally,
that you may not transfer to a new school or begin a new program
of study.
Students are encouraged to
contact the staff of the ISSO with questions about the new rules
and procedures.
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