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Recent Developments Affecting Optional Practical Training (updated 5/2/2008) On Tuesday, April 8, 2008, the Department of Homeland Security (DHS) revised its regulations on F-1 Optional Practical Training. This rule appeared in the Federal Register and is available for you to read online (Click here for the pdf ).For more question and answers click here Highlights of the new rule include: q A one-time, 17-month OPT extension (for a total of 29 months of OPT) for students who have bachelors, masters, and doctoral degrees in certain STEM (Science, Technology, Engineering, Mathematics) fields. § Additional requirements for the 17-month extension include: o Currently participating in a period of standard OPT, working for a U.S. employer in a job directly related to the student’s major area of study o Successfully completed a bachelors, masters, or doctoral degree in a field on the DHS STEM Designated Degree Program List, from a SEVIS-certified college or university o Student must have a job offer from an employer registered with the E-Verify employment verification system. o The student has not previously received a 17-month OPT extension after earning a STEM degree. o The International Student Counselor 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. o Student will have to apply for the 17-month extension on Form I-765 with fee. o Students who file an application for the 17-month OPT extension 90 days prior to the end date of your current EAD authorization 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. o The employer must agree to report the termination or departure of the student to the International Student Counselor 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. q 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. q 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. q Reporting Requirements while on OPT § All students on OPT are required to report to the DSO: o any change of name or address, or o any interruption of such employment § In addition, students with an approved 17-month OPT extension: o 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. o 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. q I-765 filing window. § 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. q 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. Regarding scheduling your appointment with International Student and Scholar Services Office (ISSSO), priority processing will be given to those students who have OPT expiration dates prior to August 1, 2008. If you received a degree in a STEM field and would like to apply for the additional work authorization; then contact ISSSO to schedule an appointment with a counselor as soon as possible. Optional Practical Training (OPT) REVISED Forms: Click here for the revised application form for standard OPT. Optional Practical Training Extensions (OPTX):
ISSSO is willing to schedule both in-person appointments (for students currently working in the Houston-Metro area) and phone appointments (for students living/working outside the Houston-Metro area) for those who would like to apply for an OPT Extension. Please be alert for further emails from our office with additional information and instructions regarding this recent development. |
