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.

That's a very good news for all the International Students, now at least we don't have to worry about maintaining the status during the 'cap gap'.

What will happen to the students who are currently on OPT and have filed the H1B?

 

The final rule should be out shortly but please not that it is only for students in the STEM fields.

As per the memo you could apply for a one-time extension for 17 months!

yeah it's seems to be good.

but anyway u need to be employed during the duration.It does not provide time for you to keep on searching for employers. Anyway you get full 1 year searching for the right employer.

This will certainly be beneficial for students who are employed and has some gap between their h1 date and end of OPT date.

"The extension will be available to students who are employed by businesses enrolled in the E-Verify program. "

Here is the link to the official press release!

http://www.aila.org/content/default.aspx?docid=25123

 

does economics, finance, accounting fall into this category? or social science in general....science is a broad category

So, students with a degree of MBA are benefitted from this program or not.????

They have excluded MBA it seems. The new rule is expected to be published in the Federal Register during the week of April 7, and will become effective immediately on the date of publication. F-1 students currently in the United States will also be able to take advantage of the rule's new provisions.

Stay Tuned!

here is the offical release

http://www.dhs.gov/xlibrary/assets/press_opt_ifr.pdf

As far as STEM is concerned,

all the business related fields qualify under "Actuarial Science"

look below: http://en.wikipedia.org/wiki/Actuarial_science

 

So a finance, econ, stats, etc. qualify, i think....

just a food for thought!

 

Hope it works for all the students....

 

what bout the associate degrees.. as per the rule and the DSO in the school.. OPT can be obtained after the completion of each and every level or graduation.. like associates, bachelors, masters and if required PhD.. so just wanted to know.. am doing my associates.. i know that i will be able to apply for 12 mths.. but making sure that i would be eligible for 17 mths extension.. ???

They have not mentioned about associate degree being eligible for 17 months extension.

"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 college or university."

Here are the details and will be effetive next week!

Summary of Key Provisions

• OPT extension to 29 months for STEM students. The 12 month limit on F-1 Optional Practical Training (OPT) will be extended by 17 months, for a total of 29 months, for certain STEM degreeholders (Science, Technology, Engineering, Mathematics) in the following fields:
  • Actuarial Science. CIP Code 52.1304.
  • Computer Science Applications:
    • CIP Codes 11.xxxx (except Data Entry/Microcomputer Applications)
    • CIP Codes 11.06xx
  • Engineering. CIP Codes 14.xxxx.
  • Engineering Technologies. CIP Codes 15.xxxx.
  • Biological and Biomedical Sciences. CIP Codes 26.xxxx.
  • Mathematics and Statistics. CIP Codes 27.xxxx.
  • Military Technologies. CIP Codes 29.xxxx.
  • Physical Sciences. CIP Codes 40.xxxx.
  • Science Technologies. CIP Codes 41.xxxx.
  • Medical Scientist (MS, PhD). CIP Code 51.1401
• Other requirements for 17-month extension. Additional requirements for the 17-month extension include:
  
  • 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 major area of study.
  • 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 college or university.
  • Student must have a job offer from an employer registered with the E-Verify employment verification system.
  • The student has not previously received a 17-month OPT extension after earning a STEM degree.
  • The DSO must recommend the 17-month OPT extension in SEVIS, after verifying the student's eligibility, certifying that the student's degree is on the STEM Designated Degree Program List, and ensuring that the student is aware of his or her responsibilities for maintaining status while on OPT.
  • Student will have to apply for the 17-month extension on Form I-765 with fee.
  • Students who timely file an application for the 17-month OPT extension will be able to continue employment while the extension application is pending, until a final decision on the I-765 or for 180 days, whichever comes first.
  • The employer must agree to report the termination or departure of the student to the DSO or through "any other means or process identified by DHS." An employer must consider a worker to have departed when the employer knows the student has left employment, or if the student has not reported for work for a period of 5 consecutive business days without the employer's consent.
• H-1B cap-gap extension of D/S and work authorization until October 1. Duration of status and work authorization will be extended for a student on OPT, who is the beneficiary of a timely-filed H-1B petition requesting an employment start date of October 1 of the following fiscal year. This would apply to all 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.
  
• I-765 filing window. Under the current rule, the I-765 must be filed no later than the student's program end date, and it is not specified how soon before the program end date the application can be filed. Under the new rule, a student will be able to file his or her I-765 up to 90 days prior to his or her program end date, and up to 60 days after his or her program end date.
  
• Duration of employment authorization
  • Employment authorization will begin on the date requested or the date the employment authorization is adjudicated, whichever is later.
  • Exception: The employment authorization period for the 17-month OPT extension begins on the day after the expiration of the initial post-completion OPT employment authorization, and ends 17 months later, regardless of the date the actual extension is approved.
• Reporting Requirements while on OPT
  • All students on OPT are required to report to the DSO:
    • any change of name or address, or
    • any interruption of such employment
  • In addition, students with an approved 17-month OPT extension:
    • Must report to the student's DSO within 10 days of any change of:
      • legal name
      • residential or mailing address
      • employer name
      • employer address, and/or
      • loss of employment.
    • Must make a validation report to the DSO every six months starting from the date the extension begins and ending when the student's F-1 status ends, the student changes educational levels at the same school, the student transfers to another school, or the 17-month OPT extension ends, whichever is first. 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 report is due to the DSO within 10 business days of each reporting date.
      
• Limited Periods of Unemployment to Maintain Status
• During post-completion OPT, F-1 status is dependent upon employment.
• Students may not accrue an aggregate of more than 90 days of unemployment during any post-completion OPT carried out under the initial post-completion OPT authorization.
• Students granted a 17-month OPT extension may not accrue an aggregate of more than 120 days of unemployment during the total 29 month OPT period.
  
• F-1 students currently in the United States will also be able to take advantage of the rule's new provisions once they become effective.

If you are interested in finding more about CIP codes here is the link.

http://nces.ed.gov/pubs2002/cip2000/

 

 

 

It looks like, this Interim Final Rule is not published yet and will not take effect today, April 7th!

Limited Periods of Unemployment to Maintain Status

• During post-completion OPT, F-1 status is dependent upon employment.
• Students may not accrue an aggregate of more than 90 days of unemployment during any post-completion OPT carried out under the initial post-completion OPT authorization.
• Students granted a 17-month OPT extension may not accrue an aggregate of more than 120 days of unemployment during the total 29 month OPT period.

 

does this mean if one could not find a job in his/her field for 3 months after completion of degree, will he/she be out of status? 

Here is more on the regulation.....

• The regulation sets forth periods of OPT at 3 categories depending on the alien's H-1B petition status and the alien's field of study.
• 1st category: 12-month for regular OPT that applies to all the F-1 students regardless of their field of study and regardless of their application for change of status to H-1B
• 2nd category: 17-month additional OPT only for students of STEM majors which are available regardless of their application for change of status to H-1B
• 3rd category: Additional period of so-called "cap gap" through October 1 which is granted to any OPT students regardless of their major field of study but only conditioned upon their filing, selection, and approval of H-1B cap petition.
• Accordingly, this new rule may turn out to be very harsh to those non-STEM students who fail to file the H-1B cap petition by TODAY (Monday, April 7, 2008) since the gap cap benefit will not be available for them and there will be no additional period of OPT extension beyond one year, practically shutting them out of the H-1B cap participation even in FY 2010.

Contrasted to these non-STEM students, the STEM students will have another H-1B cap filing opportunity in FY 2010 even if they fail in this year's H-1B cap lottery due to the 17-month extension under the new rule, provided that the employer will agree to use e-verify system.

..

The Final OPT Extension Rule is Scheduled to be Published and Take Effect Tomorrow, 04/08/2008.

does this rule really good for everyone?  it seems like this rule is good for those who has jobs in their related field and could not get H1b, or for those who will not get H1b this year or for those who will have cap gap.  for others, the OPT still remains 12 months and on the top of that he/she has to find job within 3 months, which is not easy.  anyways, good luck to everyone. 

When can you apply that is the question

Is this provision for extension applicable to F-1 students who are currently on their OPT, but whose employers don't/ have no intention to file for an H-1B in the future?

Junkiri the answer is yes you can work for 17 more months on your OPT

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.