Here is the latest on the 29 Months of OPT for F-1 students in STEM (Science, Technology, Engineering and Mathematics) fields. More to follow.........

April 4, 2008

The U.S. Department of Homeland Security (DHS) released today an interim final rule extending the period of Optional Practical Training (OPT) from 12 to 29 months for qualified F-1 non-immigrant students. The extension will be available to students who are employed by businesses enrolled in the E-Verify program. E-Verify is a free internet-based system operated by USCIS, in partnership with the Social Security Administration, which determines a new

employee’s eligibility to work. 

General Provisions:

•       F-1 students in STEM (Science, Technology, Engineering, Mathematics) fields and granted initial post-completion OPT are now eligible to apply for a one-time extension for 17 additional months, a maximum of 29 months.

•       STEM students need to file form I-765.  The form is being amended to capture information needed to determine student eligibility.

•       F-1 students file timely (at least 90 days prior) for a STEM extension may continue employment while the application is pending until a final decision from USCIS, or 180 days,whichever comes first.

•       Approved extensions allow for students to remain working for the STEM employer on the new EAD. If denied, the student must make preparations to depart or transfer to another school to continue studying. 

 To be eligible for the 17-month OPT extension, a student must have received a STEM degree in one of the following:

•       Actuarial Science.

•       Computer Science Applications.

•       Engineering.

•       Engineering Technologies.

•       Life Sciences.

•       Mathematics.

•       Military Technologies.

•       Physical Sciences.

 Cap Gap: 

•       “Cap-gap” occurs when an academic foreign student’s (F-1) status and work authorization expire during the current fiscal year before the student can start approved H-1B employment during the next fiscal year beginning on October 1.

•       This new interim final rule provides a permanent solution to the H-1B “cap-gap”. Previous cap-gap provisions extended only the stay but not the employment authorization.

•       F-1 classified nonimmigrant students whose employer has filed an H-1B petition on their behalf and whose petition is selected, may now receive an extended/authorized stay for employment.

The interim final rule and additional information on the H-1B program is available at www.dhs.gov.

NEW OPT UPDATEs:

A new Form I-765 is now required, and is available on the USCIS Web site at www.uscis.gov/I-765. The prior version of the form will be accepted only through May 8, 2008. The form and instructions have been changed to implement the new OPT regulations.  

Changes include:

• The eligibility code for an F-1 student seeking optional practical training (OPT) has been changed. The eligibility code (c)(3)(i) will no longer be used and has been replaced with the following three codes: (c)(3)(A) for pre-completion OPT, (c)(3)(B) for post-completion OPT, and (c)(3)(C) for a 17-month STEM OPT extension.
• Item 17 asks for information needed to process applications for the 17-month STEM OPT extension, including spaces for the degree conferred and the employer's E-Verify Company or Client Identification Number.
• The instructions to the form state that a student applying for the 17-month STEM OPT extension must also submit "a copy of your degree reflecting the conferred degree as well as your major field of study."

April 8, 2008
On April 8, 2008, DHS published the interim final rule that changes several key aspects of F-1 optional practical training (OPT). This is an interim final rule with request for public comment. The rule is effective April 8, 2008. Written comments must be submitted to DHS on or before June 9, 2008.