ON March 11, 2016, the US Department of Homeland Security released its final rule enhancing the Optional Practical Training (OPT) program for F-1 international students in science, technology, engineering, and mathematics (STEM) fields. The new STEM-OPT extension is a 24-month period of temporary training that directly relates to the student’s program of study in an approved STEM field. Previously, STEM-OPT extensions were only allowed for 17 months. The 17-month OPT extension will stay in effect until May 9, 2016. The new 24-month extension will take effect on May 10, 2016.
What is Optional Practical Training? Optional Practical Training (OPT) is temporary employment that is directly related to an F-1 student’s major area of study. Under prior rules, an F-1 student could be authorized to receive up to a total of 12 months of practical training either pre- or post-completion of his/her studies.
STEM-OPT. F-1 students who receive science, technology, engineering, and mathematics (STEM) degrees included on the STEM designated degree program list, are employed by employers enrolled in E-verify, and who have received an initial grant of post-completion OPT related to such degree, may apply for extension. As per the new regulations to take effect on May 10, 2016, STEM-OPT extensions are now up to 24 months.
STEM-eligible degrees. To be eligible for the extended OPT extension, a student must have received a degree included in the STEM designated degree program list. This list sets forth eligible courses of study according to the Classification of Instructional Programs (CIP) codes developed by the U.S. Department of Education’s National Center for Education Statistics. The list the following courses of study: computer science applications, biological and biomedical sciences, actuarial science, mathematics and statistics, engineering, military technologies, engineering technologies, physical sciences, science technologies, medical scientist.
To be eligible for an OPT extension, the student must currently be in an approved post-completion OPT period based on a designated STEM degree. Thus, for example, a student with an undergraduate degree in a designated STEM field, but currently in OPT based on a subsequent MBA degree, would not be eligible for an OPT extension.
It is important to be well-informed and to know your options, but the wrong advice or information can hurt you. Consult a licensed and experienced immigration attorney to help you navigate through the evolving immigration laws.
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Atty. Lilli Berbano Baculi is an associate attorney with Chua Tinsay & Vega, A Professional Legal Corporation (CTV) – a full service law firm with offices in San Francisco, San Diego, Sacramento and Philippines. The information presented in this article is for general information only and is not, nor intended to be, formal legal advice nor the formation of an attorney-client relationship. Call or e-mail CTV for an in-person or phone consultation to discuss your particular situation and/or how their services may be retained at (619) 955-6277; (415) 495-8088; (916) 449-3923; [email protected]. For general information visit www.chuatinsayvega.com.
