New OPT Rule
As of April 8, 2008, a new interim final rule regarding OPT has been established by the Department of Homeland Security. The highlights of this new rule are:
Extension of OPT for students in specific fields
Student’s, who have completed a degree program in Science, Technology, Engineering or Mathematics (STEM) are eligible for a 17 month extension of the OPT approval.
STEM Fields include:
- Actuarial Science
- Computer Science Applications
- Engineering
- Engineering Technologies
- Biological and Biomedical Sciences
- Mathematics and Statistics
- Military Technologies
- Physical Sciences
- Science Technologies
- Medical Scientist (MS, PhD)
Additional eligibility requirements include:
- You must be currently authorized for a 12-month period of OPT and working for a US employer in a job directly to your field of study
- You must have successfully completed a bachelor’s, master’s or doctoral degree in a field on the DHS STEM Designated Degree Program
- At the time of application for the 17-month extension, you must have a job-offer or be employed by an employer registered with the “E-Verify” federal employment verification system.
- You must not have previously received a 17-month OPT extension after earning a STEM degree.
Reporting requirements for students
All students on OPT are required to report and update the following information to the ISS office:
- Change of name
- Change of residential or mailing address
- Name and address of employee
- Change in the name or address of employer
- When employment changes or terminates
In addition, students with an approved 17-month OPT extension 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
You must also provide a report every six months to the ISS office to verify the above information.
Limits period of unemployment while on OPT
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. 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.
Changes in OPT application deadlines
The rule now allows student to apply up to 90 days before program completion and 60 days after program completion.
Helpful web resources available on the new OPT rule:
Department of Homeland Security Announcement click here
US Citizenship and Immigration Services Q and A click here
NAFSA: Association of International Educators Resource on the Interim Final Rule click here
Text of Interim Final Rule
Text format, 27 pages click here
pdf file, 13 pages click here
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