OPT Validation and Interim Final Rule of the Extension of OPT

             F-1 Students are responsible for reporting their address, their employer’s name and address, and any periods of unemployment while on OPT. A student must inform the DSO and the service of any legal changes to his or her name or of any change of address, within 10 days of the change through their agents.
             The U.S. Department of Homeland Security (DHS) released an interim final rule on April 4, 2008 extending the period of Optional Practical Training (OPT) from 12 to 29 months for qualified F-1 non-immigrant students. The extension will available to students who are employed by businesses enrolled in the E-verify program. E-verify is a free internet-based system operated by USCIS, in partnership with the Social Security Administration, which determines a new employee’s eligibility to work.

General provisions:
      •F-1 students in STEM (Science, Technology, Engineering, Mathematics) fields and granted initial post-completion OPT are now eligible to apply for a one-time extension for 17 additional months, a maximum of 29 months.
      •Stem students need to file I-765. The form is being amended to capture information needed to determine student eligibility.
      •F-1 students file timely (at least 90 days prior) for a STEM extension may continue employment while the application is pending until a final decision from USCIS, or 180 days, which =ever comes first.
      •Approved extension allow for students to remain working for the STEM employer on the new EAD. If denied, the student must make preparations to depart or transfer to another school to continue studying.

To be eligible for the 17-month OPT extension, a student must have received a STEM degree in one of the following:
      •Actuarial Science.
      •Computer Science Application.
      •Engineering.
      •Engineering Technologies.
      •Life Sciences.
      •Mathematics.
      •Military Technologies.
      •Physical Sciences.

Cap Gap:
      •“Cap-Gap” when a academic foreign student’s (F-1) status and work authorization expire during the current fiscal year before the student can start approved H-1B employment during the next fiscal year beginning on October 1.
      •This new interim final rule provides a permanent solution to the H-1B “Cap-gap”. Previous cap-gap provisions extended only the stay but not the employment authorization.
      •F-1 classified non-immigrant students whose employer has filed an H1-B petition on their behalf and whose petition is selected, may now receive an extended/authorized stay for employment.

The interim final rule and additional information on the H-1B program is available at www.dhs.gov. Additional detailed operational guidelines are available at www.ice.gov/sevis as Frequently Asked Questions.