PRACTICAL TRAINING

Optional Practical Training (OPT) rules for F-1 Students

NEW OPTIONAL PRACTICAL TRAINING (OPT) RULES FOR F-1 STUDENTS On April 8, 2008, DHS (Department of Homeland Security) published the interim final rule that changes several key aspects of F-1 Optional practical training (OPT)

SUMMARY OF THE NEW RULE:

The current 12 month limit on OPT will be extended by 17 months, for a total of 29 months for certain STEM degree holders ONLY.

The H-1B 'Cap Gap' is eliminated by extending OPT employment and status for those who are beneficiaries of an H-1B petition with October 1 start date (available to ALL OPT participants).

The filing deadline for initial OPT applications is changed (applies to all OPT participants).

There are new reporting requirements for students and employers (applies to all OPT participants).

Post-Completion OPT will now be dependent on employment. Only limited periods of unemployment will be permitted (applies to all OPT participants).

1. OPT will be extended by 17 months, for a total of 29 months for certain STEM degree holders ONLY

What is STEM?
S = Science
T = Technology
E = Engineering
M = Mathematics
STEM Fields include

1. Actuarial Science
2. Computer Science Applications
3. Engineering
4. Engineering Technologies
5. Biological and Biomedical Sciences
6. Mathematics and Statistics
7. Military Technologies
8. Physical Sciences
9. Science Technologies
10. 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

  The student must also agree to provide a report every six months to the International Student Office of his former school to verify the above information

2. Elimination of the H-1B 'Cap-Gap'

The H-1B 'cap-gap' occurs when a F-1 student’s status and OPT work authorization expires during the current fiscal year before the student can start approved H-1B employment during the next fiscal year that begins on October 1. For example, a student whose OPT ending date is July 16, 2008, and whose employer successfully files an H-1B petition for a job which is subject to the H-1B 'cap' and starts
October 1 currently needs to stop employment as of July 16, and depart the United States on September 15 (the last day of the 60-day grace period following OPT). While outside the United States, the student must then obtain an H-1B visa, and cannot re-enter the United States any sooner than 10 days prior to the H-1B start date

Under the new rule, a student currently on OPT who is the beneficiary of a timely-filed H-1B
petition that requests an employment start date of October 1 of the following fiscal year will have his or
her duration of status and OPT employment authorization extended to that date.

Should the pending H-1B petition ultimately be denied, the student will have a sixty day grace
period from the notification date of the denial to depart the United States, obtain admission to a new
F-1 SEVIS-approved school, or file an application for a change of status.

3. New Filing Deadlines for Initial OPT Applications

Under the new rule, a student will be able to file the OPT application up to 90 days before the degree
completion date, and up to 60 days after the degree completion date. However, the application for OPT
must be submitted to the USCIS Processing Center within 30 days of the date the school enters the
recommendation for OPT into the SEVIS record.

Duration of OPT

The starting date for the OPT Employment Authorization Document (EAD) will be the date requested by the student or the date OPT is approved at the USCIS Service Center, whichever is later. But, there is an exception: the authorization period for the 17-month OPT extension begins the day after the expiration of the initial post-completion OPT employment authorization, and ends 17 months later, regardless of the date the extension is approved.

4. Reporting Requirments for Students and Employers While on OPT

All students on OPT must report to the international student office at their former school:

* Any change in name or address

* The name and address of their employer

* Any change to the name and address of the employer

* Any interruption of such employment. In addition, students with an approved 17 month extension
must report to the international student office at their former school within ten days:

* Any change in name or residential/mailing address

* The name and address of their employer

* Any change to the name and address of the employer

* Any interruption of such employment.

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 Students. on
post-completion OPT may not accrue an aggregate of more than 90 days of unemployment under the
initial 12-month period of OPT. Students granted a 17-month OPT extension may not accrue an
aggregate of more then 120 days of unemployment during the total 29-month OPT period 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.

5. Post-Completion OPT is Now Dependent on Employment

Students on post-completion OPT may not accrue an aggregate of more than 90 days of unemployment under the initial 12-month period of OPT. Students granted a 17-month OPT extension may not accrue an aggregate of more then 120 days of unemployment during the total 29-month OPT period *

some excellent web resources available on the new OPT rule:
Department of Homeland Security Announcement
US Citizenship and Immigration Services Q&A

NAFSA: Association of International Educators Resource on the Interim Final Rule