OPT Extension Rule for STEM Graduates to Take Effect April 8

04/07/2008

The Department of Homeland Security has released the text of an interim final rule that will allow the extension of Optional Practical Training (OPT) for certain graduates. The rule is slated to be published in tomorrow's federal register and will take effect immediately upon publication. The new rule is discussed in detail below.

H-1B Cap Gap
Under the new rule, the lawful status of an F-1 student who is the beneficiary of an H-1B petition and request for change of status will be automatically extended, along with any grant of OPT work authorization, until October 1 of the fiscal year for which such H-1B visa is being requested. If the H-1B petition is rejected, denied or revoked, the automatic extension of status and work authorization will immediately terminate. This extension will allow F-1s whose OPT will expire before the start date of a petition filed under the H-1B cap to remain in the United States and work through the beginning of their H-1B employment on October 1. F-1 students who have not been granted optional practical training will have their lawful status automatically extended but will not be authorized to work until the H-1B petition takes effect. The automatic extension of status also applies to any F-2 dependents.

17-Month OPT Extension for STEM Graduates
Under the new rule, graduates in science, technology, engineering and math (STEM) who are employed by businesses enrolled in the E-Verify program will be eligible for a 17-month extension of OPT. Under current regulations, F-1 students are limited to 12 months of Optional Practical Training (OPT) that must be completed within 14 months of graduation. STEM graduates will be eligible for a single 17-month extension of OPT. Once the OPT extension has been granted, the student will not be entitled to another OPT extension even after the completion of another STEM degree program.

Prior to recommending the 17-month OPT extension, the graduate's designated school official (DSO) must certify that the student's degree, as shown in SEVIS, is a bachelor's, master's or doctorate degree with a code that is on DHS' STEM Designated Degree Program List. The list comprises the following: actuarial science, computer science (except data entry/microcomputer applications), engineering, engineering technologies, biological and biomedical sciences, mathematics and statistics, military technologies, physical sciences, science technologies, and medical scientist. DHS may add degrees to the STEM list and to this end will accept comments and recommendations for additional degrees that should be considered for inclusion in the list.

The STEM graduate's employer must be registered in the E-Verify program and must be in good standing in the E-Verify program in order for the OPT extension to be granted. E-Verify is a DHS program that provides employers with an automated link to federal databases to determine the employment eligibility of new hires and the validity of their Social Security numbers. Enrollment is voluntary, although some states have enacted legislation requiring certain employers to participate in the program. The STEM graduate's OPT extension application must include the name of the employer and the employer's E-Verify identification number.

The rule also provides for an automatic extension of employment authorization for students who submit a timely OPT 17-month extension application prior to the expiration of the initial 12-month OPT period. Work authorization will be automatically extended for up to 180 days to allow for the adjudication of the extension application.

Additional Reporting Requirements
The graduate and the employer must agree to additional reporting requirements in connection with the 17-month OPT extension. The graduate must report to the DSO any change in legal name, residential or mailing address, employer name, employer address and loss of employment within 10 days of the change. The graduate must also make a validation report to the DSO every six months starting from the beginning of the 17-month OPT extension period. The graduate's employer must report the termination of the employment relationship to the graduate's DSO within 48 hours of the termination. The DSO must report all of this information in SEVIS. Although the OPT extension application must include the name of the graduate's employer, the rule does not require the graduate to submit a new application for employment authorization when there is a change of employer.

Limitation on Period of Unemployment for All Students on OPT
The new rule sets specific limits on the time during which a graduate on OPT may be unemployed in order to continue maintaining F-1 status. In the initial 12-month period of OPT available to all graduates, not more than 90 days of unemployment is permitted. STEM graduates who obtain a 17-month extension of OPT may not be unemployed for more than 120 days during the aggregate 29 months of OPT.

OPT Applications Permitted within 60 Days of Graduation
Under current regulations, F-1 students must request OPT prior to completing their F-1 program. The new rule extends the application period to allow students to apply for OPT within 60 days of graduation.

 

Good Luck to STEM Graduates. Unfortunately, I am not one of them.

Limitation on Period of Unemployment for All Students on OPT
The new rule sets specific limits on the time during which a graduate on OPT may be unemployed in order to continue maintaining F-1 status. In the initial 12-month period of OPT available to all graduates, not more than 90 days of unemployment is permitted. STEM graduates who obtain a 17-month extension of OPT may not be unemployed for more than 120 days during the aggregate 29 months of OPT.

 

 

source??

Source ko k halwa banaune?? Dimag tension bhako bela ajaai tension.

I m not working at all...my opt expires this july.....do u think I can still apply for the extension by the way I m a biology major...

 

Source please.

Could not find anywhere.

thx

 

http://pubweb.fdbl.com/news1.nsf/9abe5d703b986cff86256e310080943a/7ce4dd5f973dc0de85257424005ac4ea?OpenDocument

STEM suckssss!!!!!!!!