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 is effective immediately.
The rule places new restrictions and reporting requirements on students participating in OPT after completion of their studies. Note that what seems to be an exciting new 17 month extension benefit is actually restricted to a very small number of students; those who:
This new rule requires all students on OPT to report the name and address of their employer as well as interruptions in employment, and it limits the amount of time a student may remain in the U.S. under OPT without being employed.
Note that this is an interim rule. While the provisions of this interim rule take effect immediately, they are subject to change before the final rule is published.
We will update our web site and send information to current students as well as those authorized for post-completion OPT as soon as we have developed specific procedures to collect this new data and process extension applications for those who qualify.
The following information is adapted from the web site of NAFSA: Association of International Educators.
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 degree holders (Science, Technology, Engineering, Mathematics) in the following fields:
Additional requirements for the 17-month extension include:
The international student advisor 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 five consecutive business days without the employer's consent.
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.
The I-765 is the form used to apply for OPT. Previously, the I-765 had to be filed no later than the student's program end date, and it was not specified how soon before the program end date the application could be filed. Under the new rule, a student is 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.
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.
Must report to the student's international student advisor within 10 days any interruption of OPT employment or any change of:
During post-completion OPT, F-1 status is dependent upon employment, therefore:
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.
As mentioned above these changes are very new and the OIA staff will alert you when procedures have been set up to implement these new regulations.
If you are currently on OPT and have an H-1 pending you should contact the
person who filed your H-1B application to determine if you will benefit from the
cap-gap provision of these regulations.