STEM Optional Practical Training Extension Processing
Scholars who are employed at BU using their Optional Practical Training (OPT) authorization are typically limited to a period of 12 months of employment eligibility. However, students in certain STEM major fields, may qualify for a 24-month extension of OPT authorization to continue their BU employment, provided that:
- their major field of study is on a list of designated STEM majors as designated by the U.S. Department of Homeland Security
- their position at BU is compensated and for at least 20 hours per week and
- their host department completes and agrees to the terms of the Form I-983 Training Plan
Departments can request ISSO review for an F-1 STEM OPT extension request at any time after the F-1 OPT employment has started. However, the OPT Employee can only submit the OPT STEM extension within 90 days of the initial OPT expiration.
F-1 STEM OPT Extension Process
There are several parties involved in supporting F-1 STEM OPT employment/training, including the F-1 OPT employee, their F-1 sponsoring school, Boston University ISSO and host department and USCIS (who will issue the OPT STEM employment authorization). If you need to extend authorization for a current employee in F-1 status with a qualifying STEM major and qualified employment, you will need to forward a completed scholar processing packet to the ISSO to initiate the process.
- Department submits Scholar Processing Request Packet to ISSO
- ISSO evaluates case and issues confirmation e-mail with pertinent processing details and information
- Host department completes the I-983 Training Plan for the BU employee requesting the STEM OPT extension
- OPT employee obtains new I-20 and recommendation from the F-1 sponsoring school for the STEM OPT extension
- OPT employee submits the I-765 Application for Employment Authorization to the USCIS, along with supporting documentation and application fee with the assistance of the F-1 sponsoring school
- OPT employee will receive a receipt from USCIS which they should provide to the ISSO along with a copy of the new I-20 to allow for continued employment for up to 180 days while the application is pending
- USCIS adjudicates the application. If approved, USCIS issues Employment Authorization Document (EAD) to extend the STEM OPT
- Once EAD is received, the OPT employee provides it to their ISSO Scholar Advisor to confirm eligibility for continued employment.
Hiring Department Responsibilities for STEM OPT Employees
As the employer/training site, BU assumes some responsibility in insuring compliance with the OPT STEM regulations. As the host department of the employee, please note the following:
- Complete and Review Form I-983 – Departments must work with the employee to complete the Form I-983 and sign it on behalf of the institution. The document includes the following employer attestations:
- Must attest that the student will not replace a U.S. worker;
- Must certify that the terms and conditions of the STEM OPT training are commensurate with similarly situated U.S. workers – similar duties, similar supervision, similar qualifications, consistent duties, hours and compensation
- Review and sign the OPT STEM Employee’s annual self-evaluation form. This form is required at the 12-month point and again at the end of the OPT STEM period (or end of employment)
- Complete and Review Form I-983 for ‘material’ changes in employment – If the terms of the OPT STEM employee’s position is changing, whether it be a title change, change in duties, supervisor, department or salary (other than standard annual increases), a new Form I-983 is required.
- Notify the Designated School Official (DSO) if the OPT STEM Employee’s employment is terminated for any reason no later than five business days after the termination:
- As a courtesy, if the OPT STEM employee has graduated from a Boston University program, the ISSO will take care of this notification, but the host department must notify the ISSO Scholar Advisor within that 5-day period to insure compliance.
- If the OPT STEM employee did not graduate from Boston University, the host department must contact the appropriate individual at the University that the OPT STEM employee graduated from within the 5-day period.
- If the OPT STEM employee was not terminated but you are aware that they has left, or if the employee does not report to his/her practical training for five consecutive business days, you must notify the Designated School Official.
More information about employer responsibilities and student reporting requirements are also provided on the Department of Homeland Security’s Study in the States website. We rely on timely communication from the BU hiring department to meet these reporting requirements.
Departments hosting employees on OPT STEM should be aware that the regulations include provisions related to compliance site visits from USCIS to ensure that the employee is receiving structured and guided work-based learning experiences, as outlined in the required Form I-983. Please contact the ISSO immediately should you receive any inquires related to an international employee on OPT STEM in your department.
Thus, when you are hosting an employee on an OPT STEM authorization, please pay attention details provided above regarding details on the Form I-983, the annual self-evaluation form and any changes in the term of the employment (including job duties, BU title, resignations, etc.). More detailed information about OPT STEM site visits is provided on the Study in the States website.
While the process of applying for F-1 STEM OPT is certainly faster than applying for change to another immigration status, BU host departments should note that if a F-1 STEM OPT extension is not possible in a particular employee’s case, then it may be necessary to come up with an alternate immigration sponsorship strategy which may take several months’ time.