New Optional Practical Training (OPT) Rules for F-1 Students
This rule took effect upon publication of the rule in the U.S. Government’s Federal Register of April 8, 2008.
Highlights
• 17-month post-completion OPT extension for certain STEM grads. The new rule makes recipients
of bachelor’s, master’s, and doctoral degrees in certain STEM (science, technology, engineering, mathematics)
fields eligible for a one-time 17-month extension of post-completion OPT (for a total eligibility
of up to 29 months). To be eligible for the extension, the student’s employer must be registered in EVerify,
and agree to report to the DSO when the student is terminated or leaves employment. The student
must agree to make periodic reports to the DSO.
• OPT filing deadlines. The rule sets new deadlines for filing Form I-765 for post-completion OPT. An
I-765 for standard post-completion OPT can be filed up to 90 days before the program end-date and up
to 60 days after the program end-date, provided that it is filed within 30 days of the date the DSO enters
the OPT recommendation into SEVIS. Applications for the 17-month STEM extension must be filed
before the current EAD expires.
• H-1B cap-gap extension of D/S and work authorization until October 1. Duration of status and
work authorization will be automatically extended for a student on OPT, who is the beneficiary of a
timely-filed H-1B petition requesting change of status and an employment start date of October 1 of the
following fiscal year. This would apply to all qualified students on OPT, not just STEM students. The
extension of duration of status and work authorization would automatically terminate upon the rejection,
denial, or revocation of the H-1B petition filed on the student's behalf.
• Effect of periods of unemployment while on OPT. The new rule states that “during post-completion
OPT, F-1 status is dependent upon employment. During any initial 12-month period of post-completion
OPT, no student (including STEM students) may be unemployed for an aggregate of more than 90 days.
If a STEM student receives a 17-month extension, the limit on unemployment is raised to an aggregate
of no more than 120 days, applied to the entire 29-month period on which the student is on post-completion
OPT.
• Grandfathering. F-1 students currently in the United States, including students currently on OPT, will
also be able to take advantage of the rule's new provisions, and are bound by its limits.
What is STEM?
S = Science
T = Technology
E = Engineering
M = Mathematics
STEM Fields include
- Actuarial Science
- Computer Science Applications
- Engineering
- Engineering Technologies
- Biological and Biomedical Sciences
- Mathematics and Statistics
- Military Technologies
- Physical Sciences
- Science Technologies
- Medical Scientist (MS, PhD)
Certain fields that many would regard as being part of science or engineering are not included in the STEM list, but the Department of Homeland Security is inviting individuals to submit the titles of additional fields.
Additional Requirements for 17-Month Extension of OPT
- Besides having to be enrolled in a “STEM” field of study, there are many additional requirements for the 17-Month Extension of OPT:
- The student must be currently authorized for a 12-month period of OPT and working for a US employer in a job directly related to the student’s field of study
- The student must have successfully completed a bachelor’s, master’s or doctoral degree in a field on the DHS STEM Designated Degree Program list, from a SEVIS-certified US college or university
- At the time of application for the 17-month extension, the student must have a job-offer or be employed by an employer registered with the “E-Verify” federal employment verification system. For more information on “E-Verify,” see the next section
- The student must not have previously received a 17-month OPT extension after earning a STEM degree.
- The student must apply for the 17-month extension through their former school’s international student office. The school’s Designated School official must recommend the extension and issue a new I-20 with the recommendation noted
- The student applies for the extension using form I-765 with fee (currently $340.00) to the US Citizenship and Immigration Services Processing Center having jurisdiction over the student’s current place of residence
- The student must file the extension application in a timely manner, generally 90 days before the current period of OPT expires
- A student who files the application timely may continue employment while the extension application is pending, until a final decision is made, or for 180 days, whichever comes first
- The employer must agree to report the termination or departure of the student to the International Student Office of the student’s former school, or through any other process chosen by the Department of Homeland Security
- The student must agree to report the following information to the International Student Office of his former school:
- Change of name
- Change of residential or mailing address
- Name and address of employer
- Change in the name or address of employer
- When employment changes or terminates
Important: The student must also report to the ISSC every six months to verify the above information.
What Is E-Verify?
E-Verify was formerly known as the Basic Pilot/Employment Eligibility Verification Program. E-Verify is an Internet-based system operated by the Department of Homeland Security in partnership with the Social Security Administration.
E-Verify allows participating employers to electronically verify the employment eligibility of their newly hired employees. E-Verify is free and voluntary. .
Remember that a F-1 student seeking to extend his or her OPT by 17 months can only do so if at the time of filing, the student is employed by, or has a job offer with, an E-Verify participating employer.
For more information on E-Verify, visit:
http://www.dhs.gov/ximgtn/programs/gc_1185221678150.shtm
Cap Gap Extension
Duration of status and work authorization will be automatically extended for a student on OPT, who is the beneficiary of a timely-filed H-1B petition requesting change of status and an employment start date of October 1 of the following fiscal year. This would apply to all qualified students on OPT, not just STEM students. The extension of duration of status and work authorization would automatically terminate upon the rejection, denial, or revocation of the H-1B petition filed on the student's behalf.
F-1 students currently in the US, including students on OPT are able to take advantage of this new provision.
Applying for the Extension
If you feel you are eligible for the Cap Gap extension you will need to speak with an advisor in the ISSC. If you are eligible the advisor will ask you to submit documentation from USCIS to extend your OPT. Depending on which stage of the process you are at, will determine what date your OPT can be extended to. The chart below describes the dates your OPT can be extended to and the document required for the extension:
USCIS Document |
OPT Extended to: |
Status Valid To: |
Receipt Notice (I-797C) |
June 2nd |
August 2nd |
Wait-List Notice |
July 28th |
September 27th |
Approval Notice (I-797B) |
September 30th |
September 30th |
Please note that if you have filed for the extension and your application is rejected, denied or revoked during the extension period, your OPT authorization will end 10 days from the date of the denial. Your F-1 status will end 60 days from the denial date.
New Filing Deadlines for Initial OPT Applications
A student in F-1 status may apply up to 90 days before the completion date or semester end date and up to 60 days after their completion date. Students MUST apply within 30 days of the creation of the OPT I-20 with OPT recommendation. Program completion refers to the date that you have finished all coursework and any project/thesis/dissertation for your degree. It is not your graduation date. There is no grace period for applying for OPT.
Reporting Requirements for Students and Employers While on OPT
Students are required to report to the ISSC within 10 days:
- The beginning of employment, with the name and address of the employer.
- The termination of employment.
- Any change in your personal address.
- Any change in your employers Address.
Students can update the ISSC by using our OPT Employment Reporting Form. OPT employment reporting.
Students with an approved 17 month extension must also make a validation report to the international student office at their former school every six months starting on the date the extension begins and ending when the OPT ends. The validation is a confirmation that the student’s name and address, employer name and address, and /or loss of employment is current and accurate.
The employer of a student with an approved 17-month OPT extension must agree to report the termination or departure of the student to the International Student Office of the student’s former school or through “any other means or process identified by the Department of Homeland Security.”
Unemployment
An offer of employment is not required to obtain approval for OPT. OPT is recommended by the International Student Service Center (ISSC), and authorized by the USCIS. During OPT NO student may be unemployed for an aggregate of more than 90 days* or their status will be put in jeopardy. *For STEM students approved for the 17 month extension the limit on unemployment is raised to an aggregate of no more then 120 days.
Options for Students Unable to Find Employment
Students who are unable to find full-time employment may look to the alternative options listed below to avoid reaching the aggregate 90 day unemployment limit (120 for STEM extension):
Student’s may:
Volunteer for a Company Complete an Unpaid Internship Work Part-Time
For these options the student must work a minimum of 20 hours per week. Please note that students must still report to the ISSC the beginning of these employment options, and also the termination. Also please remember that the employment MUST be related to your field of study.
NOTE: Students should keep records of their entire employment history!
Resources
Department of Homeland Security Announcement
http://www.dhs.gov/xnews/releases/pr_1207334008610.shtm
US Citizenship and Immigration Services Q and A
http://www.uscis.gov/files/article/OPT_FAQ_4apr08.pdf
NAFSA: Association of International Educators Resource on the Interim Final Rule
http://nafsa.org/regulatory_information.sec/29_month_opt_rule_updates
Text of Interim Final Rule
http://edocket.access.gpo.gov/2008/E8-7427.htm (text format, 27 pages)
http://edocket.access.gpo.gov/2008/pdf/E8-7427.pdf (pdf file, 13 pages)
Thanks to NAFSA: Association of International Educators for providing information.
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