New Provisions on Optional Practical Training

 

On April 8, 2008, Department of Homeland Security published the interim final rule that changes several key aspects of F-1 optional practical training (OPT). The rule is effective April 8, 2008.

Highlights of the New Rule:

·         OPT Extension to 29 Months for STEM Students: The current 12-month limit on OPT will be extended by 17 months, for a total of 29 months for certain STEM degree holders.

·         H-1B Cap-Gap Extension of D/S and Work Authorization until October 1: The H-1B “cap-gap” is eliminated by extending OPT employment authorization and status to all OPT participants who are beneficiaries of an H-1B petition with an October 1 start date.

·         I-765 Filing Window Changed: The filing deadline for initial OPT applications has changed.

·         Limited Periods of Unemployment to Maintain Status: Post-Completion OPT will now be dependent on employment. Only limited periods of unemployment will be permitted for the duration of OPT.

·         Reporting Requirements while on OPT:  There are new reporting requirements for both students and employers.

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 (S=Science, T=Technology, E=Engineering, M=Mathematics) degree holders in the following fields: Actuarial Science, Computer Science Applications, Engineering, Engineering Technologies, Biological and Biomedical Sciences, Mathematics and Statistics, Military Technologies, Physical Sciences, Science Technologies, and Medical Scientist (MS, PhD). 

·         Other requirements for the 17-month extension: In addition to holding a “STEM” degree, the student must meet additional requirements for the 17 month extension of OPT:

o   The student must be in F-1 status, currently authorized for post-completion OPT and working for a US employer in a job directly related to the student’s field of study.

o   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.

o   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” employment verification system. (For more information on “E-Verify,” see the next section.)

o   The student must not have previously received a 17-month OPT extension after earning a STEM degree.

o   The student must apply for the 17-month extension through their school’s Designated School Official. The school’s DSO must recommend the extension and issue a new I-20 with the OPT recommendation.

o   The student will have to apply 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.

o   A student who has properly filed Form I-765 for the 17-month OPT extension prior to the end date of his or her post-completion OPT is allowed to continue employment for up to 180 days while USCIS adjudicates the request for the extension.

o   The employer must agree to report the termination or departure of the student to the school’s DSO, or through any other process chosen by the Department of Homeland Security.

o   The student must agree to report the following information to the school’s DSO: 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.

o   The student must also agree to provide a validation report every six months to the school’s DSO to verify the above information.

What is E-Verify?

E-Verify is an Internet-based system operated by the Department of Homeland Security in partnership with the Social Security Administration. It allows participating employers to electronically verify the employment eligibility of their newly hired employees.  E-Verify is free and voluntary. Currently, less than one percent of all US employers are enrolled in E-Verify. If an employer joins, the employer will have to verify all new employees, including US citizens, in E-Verify. 

An F-1 student seeking to extend his or her OPT by 17 months can only do so if at the time of filing, the student is employed by, or has a job offer with, an E-Verify participating employer. Students will be asked to provide employer’s E-Verify company ID number when filing Form I-765.

For more information on E-Verify, visit:
http://www.dhs.gov/ximgtn/programs/gc_1185221678150.shtm

Elimination of the H-1B “Cap-Gap”

The H-1B “cap-gap” occurs when a F-1 student’s status and OPT work authorization expire 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 that 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 re-enter the United States under H-1B visa.

Under the new rule, 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.

Should the pending H-1B petition ultimately be denied, the student will have the standard 60-day period from the notification date of the denial or rejection of the petition to depart the United States.

New I-765 Filing Window

Currently, USCIS must receive the OPT application before the student’s degree completion date. 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. Applications for the 17-month STEM extension must be filed before the current EAD expires.

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.  However, 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.

Periods of Unemployment During OPT

Under the new rule, during post-completion OPT, F-1 status is now dependent upon employment. An F-1 student who is unemployed for a significant period will put his or her status in jeopardy.

The new rule specifies an aggregate maximum of allowed period of unemployment of 90 days for students on the initial 12-month period of OPT. This maximum period increases by 30 days for F-1 students granted a 17-month OPT extension. Thus 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.

 

Reporting Requirements for Students and Employers While on OPT

·  Student’s Reporting Requirements

All students on OPT are now required to report to the school’s DSO the following information    while on OPT:

o   Any change in name or address

o   The name and address of their employer

o   Any change to the name and address of the employer

o   Any interruption of such employment

In addition, students with an approved 17-month extension must report to the school’s DSO  within ten days of any change of:

o   Any change in name or residential/mailing address

o   The name and address of their employer

o   Any change to the name and address of the employer

o   Loss of such employment

Students with an approved 17-month extension must also make a validation report to the school’s DSO 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 and employer name and address are current and accurate.    

· Employer Reporting Requirements

The employer of a student with an approved 17-month OPT extension must agree to report the termination or departure of the student to the student’s former school or through “any other means or process identified by the Department of Homeland Security.”

Thank you. Taken into consideration.

Raaaaag Bho

This is like a year old news. I  have suffered enough. Screw OPT!!