Extending Period of Optional Practical Training by 17 Months for F–1 Nonimmigrant Students With STEM Degrees and Expanding Cap-Gap Relief for All F–1 Students With Pending H–1B Petitions

Effective April 8, 2008, the Department of Homeland Security revised its regulations on extending F-1 Optional Practical Training (OPT) time in limited circumstances. The new rule will extend OPT work authorization for two groups of individuals.

17-month post-completion OPT extension for certain STEM grads
Recipients of bachelor’s, master’s and doctoral degrees in science, technology, engineering, and mathematics (STEM) fields eligible for a one-time 17 month extension of OPT for a total eligibility of up to 29 months). 
To be eligible for the extension, a student must:

• Currently be participating in a 12-month period of approved post completion OPT.  You can not apply for all 29 months at once;
• Have successfully completed a degree in STEM fields*
• Be working for a US 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 US 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.  Please check with your Human Resources department to see if they participate;
• Maintain F-1 status. Please note that these new regulations also state that a student pursuing regular post-completion OPT can only be unemployed for a total of 90 days during those 12 months in order to be maintaining status; and
• Must apply in advance of your current OPT expiration. Employment authorization is automatically extended while a timely-filed 17-month OPT EAD is pending.

*Business, Law, Design, Architecture, Public Administration, Psychology are not considered STEM fields. The following IIT majors should fall within the STEM fields: AEROSPACE ENGINEERING, APPLIED MATHEMATICS, ARCHITECTURAL ENGINEERING, BIOCHEMISTRY, BIOLOGICAL ENGINEERING, BIOLOGY, BIOMEDICAL ENGINEERING, BIOMEDICAL IMAGING AND SIGNAL PROCESSING, CIVIL ENGINEERING, CHEMICAL ENGINEERING, CHEMISTRY, CONSTRUCTION ENGINEERING AND MANAGEMENT, COMPUTER ENGINEERING, COMPUTER SCIENCE, ELECTRICAL ENGINEERING, ENVIRONMENTAL ENGINEERING, INFORMATION ARCHITECTURE, INFORMATION TECHNOLOGY AND MANAGEMENT, MECHANICAL & AEROSPACE ENGINEERING, MOLECULAR BIOCHEMISTRY AND BIOPHYSICS, MECHANICAL ENGINEERING, MANUFACTURING ENGINEERING, MATERIALS SCIENCE & ENGINEERING, NETWORK ENGINEERING, PHYSICS, COMPUTER INFORMATION SYSTEMS, POWER ENGINEERING, STRUCTURAL ENGINEERING, TRANSPORTATION ENGINEERING, VLSI AND MICROELECTRONICS

If your major is not listed here, please contact the International Center to see if you are eligible.

The application for the 17 month extension will be similar to your initial OPT application and the International Center will post the necessary forms labeled “OPT 17 month extension” on our website as soon as possible.  An appointment is required for this purpose. Students with an approved 17-month OPT extension have additional reporting obligations which will be discussed during your appointment. Compliance with these reporting requirements is required to maintain F-1 status.

H-1B cap-gap extension of duration of status and work authorization until October 1
If your employer has filed a change of status H-1B petition to start October 1st and you receive a case number, then you will automatically be considered in a valid F-1 status until that date and be legally authorized to work until that date.  A new OPT card is not required for this period of time.  This is to assist students whose OPT expires in advance of the October 1st date.

Please note that this rule does not apply to those students who submitted an H-1B petition for Consular processing (only change of status applications).  Please also note that you can no longer work if your H-1B petition is terminated, denied or revoked.  This automatic extension is available to all students on OPT, not just STEM grads. To qualify for the automatic extension, a student must:

• Be the beneficiary of a timely filled and pending H-1B petition and change of status request for an October 1 start date; and
• Maintain valid F-1 status (as listed above)

Change in deadline to apply for OPT
Immigration will now allow you to apply for OPT during your 60-day grace period after you complete your degree.  Previously, Immigration required you to apply for OPT prior to the end of the term.  This is effective immediately.

(based on the email notice from my university)