Posted by: istamitra April 4, 2008
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Here is the latest on the 29 Months of OPT for F-1 students in STEM (Science, Technology, Engineering and Mathematics) fields. More to follow.........
April 4, 2008
The U.S. Department of Homeland Security (DHS) released today an interim final rule extending the period of Optional Practical Training (OPT) from 12 to 29 months for qualified F-1 non-immigrant students. The extension will be 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 form 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,whichever comes first.
• Approved extensions 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.
• Actuarial Science.
• Computer Science Applications.
• Engineering.
• Engineering Technologies.
• Life Sciences.
• Mathematics.
• Military Technologies.
• Physical Sciences.
• “Cap-gap†occurs when an 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-gapâ€. Previous cap-gap provisions extended only the stay but not the employment authorization.
• F-1 classified nonimmigrant students whose employer has filed an H-1B 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.