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.

http://www.murthy.com/news/n_senopt.html

. This is the best news I have heard this year. Now, I don't care about the DV anymore.

dude.. can you give me some more news about it.. is is gonna be implemented from this year.. this semester onwards.. if i apply for the OPT this semester.. then if the rule changes.. would it apply for me too..

thankz in advance

the link you provide is from November 2007.
This would be incredible as many have had to suffer the H1B gap problem in the past.
Please post any updates as you guys find more information or are able to confirm this.
Thanks op.

http://www.murthy.com/news/n_extopt.html
the above link took me to the latest news in murthy.com. the original took me to the one from Nov 16 2007
but thank again EightOTwo

"Review Process by OMB and Date for Interim Final Rule
©MurthyDotCom
The general time for OMB review is ninety days. Thus, it is expected that the OMB will complete this review by the end of June 2008. If the OMB does not find any significant issues with the regulation, it will be published in the Federal Register. Since it is an interim final rule, the USCIS may place an effective date in the notice, and the rule will be in effect from that date. Should the OMB still have comments or questions on the rule, it may need to be returned to the DHS and/or ICE for further revisions.
©MurthyDotCom
What Should F-1 Students Do Now?
©MurthyDotCom
It is impossible to predict whether the OMB will approve the rule for publication, or exactly when that might happen. Individuals who need to apply for F-1 OPT, therefore, should do so in a timely fashion before graduating to avoid losing eligibility for OPT. The law requires the OPT application to be filed before the F-1 student graduates. Clearly, many U.S. employers and their foreign national employees authorized for OPT would welcome an extended validity period. Most importantly, this benefit would provide the much needed relief for those who need additional time on OPT before they are able to start work in H1B status, known as the "cap gap." We at the Murthy Law Firm will continue to monitor this important new development, to update our readers once the OMB's review is complete."
---http://www.murthy.com/news/n_extopt.html

This is good news for lot of foreign students

Seems like this was approved!!
http://www.dhs.gov/xnews/releases/pr_1207334008610.shtm

17-Month Extension of Optional Practical Training for Certain Highly Skilled Foreign Students

Release Date: April 4, 2008

For Immediate Release
Office of the Press Secretary
Contact: 202-282-8010

Optional Practical Training Interim Final Rule (PDF, 48 pages - 2.9 MB)

The U.S. Department of Homeland Security released today an interim final rule extending the period of Optional Practical Training (OPT) from 12 to 29 months for qualified F-1 non-immigrant students. The extension will be available to F-1 students with a degree in science, technology, engineering, or mathematics who are employed by businesses enrolled in the E-Verify program.

“This rule will enable businesses to attract and retain highly skilled foreign workers, giving U.S. companies a competitive advantage in the world economy,” said Homeland Security Secretary Michael Chertoff. “By extending the training period by an additional 17 months to students who are employed by businesses enrolled in E-Verify, we are further ensuring a legal workforce in the U.S. and aiding good corporate citizens.”

Another aspect of the rule responds to the situation in which an F-1 student’s status and work authorization expires before he or she can begin employment under the H-1B visa program. The interim final rule addresses this problem by automatically extending the period of stay and work authorization for all F-1 students with pending H-1B petitions. The rule will also implement certain programmatic changes, including allowing students to apply for OPT within 60 days of graduation.

To be eligible for an OPT extension, an F-1 non-immigrant student must:

• Currently be participating in a 12-month period of approved post-completion OPT;
• Have successfully completed a degree in science, technology, engineering, or mathematics (STEM) included in the DHS STEM Designated Degree Program List from a college or university certified by the U.S. Immigration and Customs Enforcement’s Student and Exchange Visitor Program;
• Be working for a U.S. employer in a job directly related to the student’s major area of study;
• Be working for, or accepted employment with, an employer enrolled in U.S. Citizenship and Immigration Services’ E-Verify program. E-Verify is a free, internet-based system operated in partnership with the Social Security Administration that helps employers to determine the employment eligibility of newly-hired employees; and
• Properly maintain F-1 status.

The interim final rule and additional information on the H-1B program is available at www.dhs.gov.

To be eligible for the 17-month OPT extension, a
student must have received a degree in the following:

Actuarial Science. NCES CIP Code 52.1304
Computer Science: NCES CIP Codes 1 1 .xxxx (except Data EntryMicrocomputer
Applications, NCES CIP Codes 1 1 . 0 6 ~ ~ )
Engineering: NCES CIP Codes 14.xxxx
Engineering Technologies: NCES CIP Codes 15.xxxx
Biological and Biomedical Sciences: NCES CIP Codes 26.xxxx
Mathematics and Statistics: NCES CIP Codes 2 7 . m
8 Military Technologies: NCES CIP Codes 29.xxxx
Physical Sciences: NCES CIP Codes 4 0 . m
Science Technologies: NCES CIP Codes 41 .xxxx
Medical Scientist (MS, PhD): NCES CIP Code 51.1401

it is not approved yet!

it is not approved yet!

"This interim rule expands the relief offered by the existing cap gap provision by first
eliminating the limitation that cap gap relief be authorized only when the H-1B cap is likely to be
reached prior to the end of the current fiscal year. This interim rule also removes the
requirement that USCIS issue a notice in the Federal Register to announce the extension of
status and instead allows an automatic extension of status and employment authorization for F-1
students with pending H-1B petitions. If USCIS denies a pending H-1B petition, the student will
have the standard 60-day period (&om notification of the denial or rejection of the petition)
before they have to leave the United States.
Unlike the extension of post-completion OPT, which is limited to F-1 students who have
obtained STEM degrees, the extension of status for F-1 students in a cap-gap applies to all F-1
students with pending H-1B petitions during a fiscal year."

The Department of Homeland security homepage says "The U.S. Department of Homeland Security released today an interim final rule extending the period of Optional Practical Training (OPT) from 12 to 29 months for qualified F-1 non-immigrant students"
 "http://www.dhs.gov/xnews/releases/pr_1207334008610.shtm

Birbhadra, can you please checkout that page and confirm it. I might have misunderstood it. I had to face the H1-B gap problem in 2005 so i got really excited about it.
The full proposal is 48 pages, http://www.dhs.gov/xlibrary/assets/press_opt_ifr.pdf
I am reading it to understand it more. But I am really excited regardless :D

Anlysis needed from your side

How many students stand to benefit from today’s announcement?

• There are approximately 26,000 students on OPT that have earned a bachelor's, master's, or doctorate in a STEM field. ICE and USCIS estimate that approximately 12,000 will take advantage of the STEM extension. Some of these students will be selected for an H-1B to start October 2009. Others may choose to continue their education, while some will depart the United States.
• We estimate another 10,000 students will benefit from the automatic "cap gap" extension.

From the above, 12000 will take advantage means only 14000 will transfer to H1B. Is there any possibilty that students without OPT (about 6000 from above data) get approved H1b?

If there are 'another 10000 with cap gap extension'  and 12000 the regular one, then it will be 22000. Can you make it clear?

They have issued this interim rule to address the 'cap gap'. I think, those on extension will likely be greeted with another fruitful news by late 2008 when they will remove cap for US educated students.

I have read some news analysis in the past weeks, where the legislators have concerns on increasing number of H1B from Indian companies based in US. This initiation will likely curb the direct H1B recruitment from foreign lands (mostly India), and will benifit those who have studied hard in the United States itself.

 

 

 

Check this out

From my understanding, there are 26k students on OPT with STEM degree of which 12k might apply to extend their OPT to avoid the cap-gap.

But there are others on OPT and not doing STEM degree, and more still not on OPT who still stand to benifit from this policy "automatic cap gap extension"
Meaning that you will not loose your F1 status if you have already applied for H1-B. Unlike in previous years where you had to wait for the Federal Registrar to public a report regarding if people can file for extension of their F1 status.


---
on a different note, can someone help me understand the following two paragraphs.

"A. Administrative Procedure Act
To avoid a loss of skilled students through the next round of H-1B filings in April 2008,
DHS is implementing this initiative as an interim final rule without first providing notice and the
opportunity for public comment under the "good cause" exception found under the
Administrative Procedure Act (APA) at 5 U.S.C. 553@). The APA provides that an agency may
dispense with notice and comment rulemaking procedures when an agency, for "good cause,"
finds that those procedures are "impracticable, unn-, or contrary to the public interest."
&g 5 U.S.C. 553(b)(B)."

********

"Accordingly, DHS finds that good cause exists under 5 U.S.C. 553(b) to issue this rule as
an interim final rule. DHS nevertheless invites written comments on this interim rule. Further,
because this interim final rule relieves a restriction by extending the maximum current postcompletion
OPT period for certain students from 12 months to up to 29 months, DHS finds that
this rule shall become effective immediately upon publication of this interim final rule in the
Fedenl Register. 5 U.S.C. 553(d)."
---

I guess it much more reasonable to wait until there is an official announcement then go crazy with this thing.
I am sorry if i confused anybody else, i was just too excited.

To my understanding, I think, this rule has now been implemented.

Implemented in 'good cause' means, DHS assumes that their decision is benificial to the public. Note that the decision was made because of total of 17 senators requested the extension. However, if another group of senators raise issues in this decision, then DHS may take back this 'interim rule' for another 'good cause'. This is just a statement from DHS ensuring that everyone will be heard. At this situation, I do not think they will change their decision.

Any other decisions about H1B, OPT period which will be passed as a 'bill' will override such interim rule.

I do not know in detail about implementing or scrubbing the 'interim rule'. Its just my common sense.

 

Good!