Optional Practical Training STEM Extension

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Optional Practical Training (OPT) Extension24-month STEM
Extension Rule
What is the STEM OPT Extension?
Recipients of a Bachelor’s, Master’s, or Doctoral degree in a field listed among the U.S.
Department of Homeland Security (DHS) STEM-Designated Degree Program List, and
who are currently on post-completion F-1 Optional Practical Training (OPT) may be
eligible to apply for a STEM OPT Extension.
On March 11, 2016, the US Department of Homeland Security published a final rule
providing enhancements and additional reporting requirements to the F-1 STEM
Optional Practical Training Extension benefit.
The issuance of the final rule provides different scenarios for eligibility and application
timelines for individuals planning to apply for 17-month or 24-month STEM OPT
Extension, or those on 17-month STEM Extension wishing to apply for a 7-month STEM
OPT Extension (to the maximum of 24-months under the new rule).
Per the U.S Department of Homeland Security (DHS), the current 17-month STEM OPT
regulations remain in effect through May 9, 2016. The 2016 STEM OPT 24-month
extension final rule is effective beginning May 10, 2016.
The DHS STEM Designated Degree Program List is organized based on CIP Codes. F1 Students can find their current program CIP code in the Program at the following link
https://www.ice.gov/sites/default/files/documents/Document/2016/stem-list.pdf
The Major Differences between 17 and 24 month STEM OPT Regulations
•
STEM OPT extension may now be as long as 24 months after initial post-completion
OPT period
•
Students may be eligible for up to two STEM OPT extensions based on two STEM
degrees at different degree levels in a student’s lifetime (instead of just one)
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Students now have the ability to apply for a STEM OPT Extension based on a
previously earned STEM degree from an accredited U.S. institution within 10 years
under which the student has not previously applied for STEM OPT Extension.
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New expanded list of DHS STEM Designated Degree Program CIP Codes
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Student and employer are required to complete the new Form I-983 in order to begin
the STEM OPT extension process
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Student has additional reporting requirements to maintain the STEM OPT
authorization
•
Employers also have additional reporting requirements and may be subject to
DHS site visits
•
Volunteering and self-employment are not permitted during the STEM OPT
extension
•
Student must work at least 20 hours per week
•
Students are permitted 60 days of unemployment (previous rule allowed 30 days)
under the STEM OPT period in addition to the current 90 days of unemployment
allowed under the initial 12 month post-completion OPT period; up to 150 days of
total unemployment
Eligibility for STEM OPT and available Options
•
Currently authorized for 12-month post-completion of degree OPT, planning to apply
for STEM OPT Extension (based on ‘current’ STEM-eligible degree or previously
earned STEM-eligible degree)
o
17-month STEM Extension (Applications prior to May 10, 2016)-Submit
applications then wait for the USCIS to send the request for evidence (RFE) and
giving instructions to have the I-983 training plan completed.
o
24-month STEM Extension (Applications on or after May 10, 2016)- Currently, the
Department of Homeland Security has not yet provided the mechanism to allow
schools to issue the Form I-20 needed as part of the application for the 24-month
period. The ISSS is unable to issue a recommendation for the 24-month
extension before May 10, 2016.
Eligibility Requirements for Extension of STEM Extension for 7 Months
To qualify for the additional 7-month extension from 17 to 24 months of STEM OPT,
individuals must meet the following eligibility requirements:
•
Have at least 150 days remaining on before the end of the 17-month OPT period at
the time the I-765 form is filed and received. (Students who have 17-month STEM
OPT EADs that expire on or before October 7, 2016 are not eligible to apply for this
extension.
•
Apply for and have application received by USCIS between May 10, 2016 and
August 8, 2016
•
Meet all the requirements of the 24-month STEM OPT extension
•
Must file within 60 days of the DSO signature on the newly updated 24-month STEM
OPT I-20 with recommendation.
PLEASE NOTE: Students that do not meet these requirements are not eligible to
apply for the 24-month STEM Extension.
24-Month STEM OPT Extension Requirements
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Signed I-765 form
Check or money order payable to the Dept of Homeland Security for
$380.00
Copy of your I-94 arrival/departure information
Copy of biographical page of passport; visa stamp
Copy of diploma
Copy of transcript showing proof of degree
Letter from employer following the required format
2 updated photographs taken within the last 30 days
Copy of previous OPT card
I-983 training plan
Resources
1. I-983 PDF form:
https://www.ice.gov/sites/default/files/documents/Document/2016/I-983.pdf
2. I-983 form training: https://studyinthestates.dhs.gov/assets/stem-opthub/story.html
3. OPT HUB: https://studyinthestates.dhs.gov/stem-opt-hub
4. Employer Reporting Requirements (DHS Study in the States)
OPT STEM Extension Sample Letter from Employer
(Must be on company letterhead)
{Date}
UAB
International Recruitment & Student Services
1600 10th Avenue South
Birmingham, AL 35294-1280
To Whom It May Concern:
This is to verify that {first name, last name in CAPS} has been offered employment/is
currently employed as a {position title with name of firm} effective {employment start
date}. Include the following information including your supervisor’s name, phone number
and email address.
I certify that our organization is registered with E-Verify. The employer name as listed in
E-Verify is _____________________. The E-Verify Company Identification Number is
_____________ or the E-Verify Client Company Identification Number is ___________.
In addition, as an employer we will follow the reporting guidelines associated with the
form I-983.
{Insert job description and how it relates to current degree program, Tell whether it is
full-time/part-time including salary and the location where employment will take place}.
I agree to comply with the reporting requirements for students on authorized Optional
Practical Training (OPT). I agree to report the termination or departure of the student to
you and to the university within 48 hours of termination of employment.
Sincerely,
Name of Supervisor,
Job Title
05/24/2016
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