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Potential Extension of F-1 OPT Validity Period
The U.S. Immigration and Customs Enforcement (ICE) submitted an interim final rule to the Office of Management and Budget (OMB) on March 31, 2008 that would extend the period of Optional Practical Training (OPT) for eligible students in F-1 status by 17 months. Because the regulation remains at the OMB, a copy is not yet available publicly. It is somewhat unclear if the regulation would extend the total possible time on OPT to 17 months or if it would provide for an additional 17 months beyond the currently authorized 12 months, for a total of 29 months. It appears that the F-1 OPT will be valid for a total of 29 months. However, one must plan to file for the F-1 OPT before graduation, under existing procedures, until the regulation is published or until ICE issues a public notice, if one is to avoid losing out on the OPT altogether. It is unwise at this stage to wait for any potential changes.
U.S. Senators Previously Requested F-1 OPT for 29 Months
It seems more likely that the maximum period of authorization would total 29 months. This is in accord with a letter sent by 19 U.S. senators to U.S. Department of Homeland Security (DHS) Secretary Michael Chertoff on November 8, 2007. This development was reported in our November 16, 2007 MurthyBulletin article, Senators Request Longer OPT Time for Students, available on MurthyDotCom.