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Immigration Alert
April 17, 2008
OPT Extended to a Total of 29 Months
On April 4th, the US Department of Homeland Security released an interim final rule extending the Optional Practical Training (OPT) period for an addition 17 months for qualified F-1 Students. This extension will be available to STEM students, i.e. F-1 students with a degree in Science, Technology, Engineering, or Mathematics, who are employed by businesses enrolled in the E-Verify program. E-Verify is a free program, operated by the Department of Homeland Security in partnership with the Social Security Administration, that assists employers verify the employment eligibility of its employees.
The programs that fall under STEM include:
- Actuarial Science
- Computer Science (except for Data Entry/Microcomputer Applications)
- Engineering
- Engineering Technologies
- Biological and Biomedical Sciences
- Mathematics and Statistics
- Military Technologies
- Physical Sciences
- Science Technologies
- Medical Scientist (MS, PhD)
Unfortunately, the DHS STEM programs listed in the rule do not include healthcare professionals other than physicians who are research scientists.
F-1 students currently in the U.S. will be able to take advantage of the rule’s provisions once they become effective. To be eligible for an OPT extension, an F-1 non-immigrant student must:
- Currently be participating in a 12-month period of approved post-completion OPT;
- Have successfully completed a degree in science, technology, engineering, or mathematics (STEM) included in the DHS STEM Designated Degree Program List from a college or university certified by the U.S. Immigration and Customs Enforcement’s Student and Exchange Visitor Program;
- Be working for a U.S. employer in a job directly related to the student’s major area of study;
- Be working for, or accepted employment with, an employer enrolled in USCIS’ E-Verify program; and
- Properly maintain F-1 status.
The rule helps to promote the use of the E-Verify program by employers. For more information about the E-Verify program and how to register for it you may contact Sherry Neal at sln@hammondlawfirm.com.
The new rule also addresses the situation where an F-1 student’s status expires prior to their H-1B visa becoming valid (i.e. the “cap-gap”) by automatically extending the period of stay and work authorization for all F-1 students with pending H-1B petitions.
In addition, the proposed rule extends the time period in which a student may apply for OPT up to 90 days before the start of the program and 60 days after its completion. Under the current rules, students must apply for OPT prior to completing the course requirements.
The rule became effective on April 8, 2008, the date it was published in the Federal Register.
For interim rule, see: http://www.dhs.gov/xnews/releases/pr_1207334008610.shtm
Frequently Asked Questions About the Proposed Rules on OPT Extension
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