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New OPT Rules for f-1 students On April 8, 2008 the Department of Homeland Security (DHS) published an Interim Final Rule in the U.S. Federal Register that makes important changes to post-completion Optional Practical Training (OPT) for F-1 students. This is an Interim Final Rule, which means that it is currently in effect, but is subject to possible changes sometime after a 60-day comment period ending on June 9, 2008. There are many aspects to this interim rule which need further clarification, as well as instruction from U.S. Citizenship and Immigration Services on how to implement the new regulations. Updates will be posted on this webpage as they become available. April 24, 2008 The rule changes some OPT requirements for ALL students, effective April 8, 2008: - new filing dates for OPT applications
-new rule limiting the amount of time students may be unemployed while on OPT
- reporting requirements for students on OPT, for their employers, and for their schools
The rule provides extension of stay and work authorization for students on OPT who are the beneficiaries of an H-1B petition with an October 1 start date and whose H-1B petitions have been selected in this year’s “H-1B lottery”. This automatic extension of stay and employment authorization will terminate if the H-1B petition is rejected, denied or revoked by USCIS. This rule will provide relief for those F-1 students with pending H-1B applications who have a gap in authorized stay and employment between the end of their F-1 OPT status and the beginning of their H-1B status on October 1st. Please continue to check the websites below for updates from USCIS and the Student and Exchange Visitor Program (SEVP) regarding documentation to prove status and employment eligibility under these circumstances. IMPORTANT DEADLINE: The Interim Final Rule as written in the Federal Register states that the automatic extension of OPT applies to “an F-1 student who is the beneficiary of an H-1B petition and request for change of status” within the U.S. to H-1B. Many employers had requested consular notification, assuming that their employees would need to leave the United States after the expiration of their OPT, would have to apply for their H-1B visas abroad and re-enter the U.S. to begin employment again on October 1. Therefore, in a subsequent update on April 18, 2008, USCIS announced that they will also allow F-1 students who are the beneficiaries of H-1B petitions selected in this year’s H-1B lottery to request a change of status instead of consular notification. USCIS will allow petitioners of F-1 students whose H-1B petitions were selected and have an October 1 start date to now request a change of status on behalf of those students, if such requests are received within 30 days of the issuance of the selected H-1B USCIS Receipt Notice. Students for whom the “cap-gap” applies should talk with their employers to find out whether their H-1B petitions requested change of status or consular notification. If consular notification was requested, the employer must e-mail USCIS within 30 days of the issuance of the receipt notice to request a change of status within the U.S., so that the student may benefit from the “cap-gap” provision. Instructions for petitioners to request a change of status to H-1B can be found at http://www.uscis.gov/files/article/update_f1students_041808.pdf.
OPT may be extended by 17 months for certain students who are in a valid period of post-completion OPT, who have graduated from U.S. schools with a bachelor’s, master’s or doctoral degree in Science, Technology, Engineering and Mathematics (STEM), and for which that degree is the basis for the student’s current period of OPT. This new rule will allow 2 opportunities for H-1B petitions to be filed and selected for students who have a qualifying degree in one of the programs on the current STEM Designated Degree Program List on the SEVP website http://www.ice.gov/sevis/stemlist.htm. Students will need to complete a new application for OPT through ISSS to request this one-time 17-month extension. ISSS is working to implement a procedure for the 17-month extension request. In order to be eligible for the 17-month OPT extension, numerous requirements must be met by the student, the employer and the school. These requirements can be found on pages 18954-18956 of the Federal Register beginning at paragraph (f)(10)(ii)(C): Please be aware that currently there are frequent updates by USCIS and SEVP on these new regulations as well as explanations of the procedures to implement these new rules. Please check the websites below for the details on the new regulations and to monitor the continuing clarifications. NAFSA: Association of International Educators has provided a Summary of Key Provisions of the new rule and is continuing to add updates to its website. Interim Final Rule published in the Federal Register on April 8, 2008: United States Citizenship and Immigration Services has provided the following Questions and Answers: Extension of Optional Practical Training Program for Qualified Students |