New Regulation for F-1 Student Visa STEM Extension
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The STEM OPT proposal would again provide for
an extension of OPT for certain F-1 students with STEM degrees. The proposed
rule includes the following changes:
• LENGHTENED STEM EXTENSION PERIOD OPT
The proposal would increase the OPT extension
period for STEM OPT students from the 2008 IFR's 17 months to 24 months. The
proposal would also make F-1 students who subsequently enroll in a new academic
program and earn another qualifying STEM degree at a higher educational level
eligible for one additional 24-month STEM OPT extension.
• STEM DEFINITION AND CIP CATEGORIES
The proposed rule would more clearly define
which fields of study (more specifically, which Department of Education
Classification of Instructional Program (CIP) categories) may serve as the
bases for a STEM OPT extension. The proposal also sets forth a process for
public notification in the Federal Register when DHS updates the list of
eligible STEM fields on the Student and Exchange Visitor Program's (SEVP's)
• MENTORING AND TRAINING PLAN
The proposal would require
employers to implement formal mentoring and training programs to augment
students' academic learning through practical experience, intended to equip
students with a more comprehensive understanding of their selected area of
study and broader functionality within that field.
PREVIOUSLY OBTAINED STEM
DEGREES
The proposal would permit an
F-1 student participating in post-completion OPT to use a prior eligible STEM
degree from a U.S. institution of higher education as a basis to apply for a
STEM OPT extension, as long as the student's most recent degree was also
received from an accredited educational institution. Additionally, in order for
such a student to be eligible for the STEM OPT extension, the employment
opportunity must be directly related to the previously obtained STEM degree.
• SCHOOL ACCREDIT A TION AND
EMPLOYER SITE VISITS
The proposal would enhance the
academic benefit and oversight of STEM OPT extensions by (1) generally limiting
eligibility to students with degrees from schools that are accredited by an
accrediting agency recognized by the Department of Education; and (2)
clarifying DHS discretion to conduct employer on-site reviews at worksites to
verify whether employers are meeting program requirements, including that they
possess and maintain the ability and resources to provide structured and guided
work-based learning experiences.
COMPLIANCE REQUIREMENTS
In addition to reporting and
compliance requirements, the proposal would revise the number of days that an
F-1 student may remain unemployed during the practical training period. The
current program allows a student to be unemployed up to 90 days during his or
her initial period of post-completion OPT and up to an additional 30 days (for
an aggregate of 120 days) if the student receives a 17-month STEM OPT
extension. The proposed rule would retain the 90- day maximum period of
unemployment during the initial period of post-completion OPT but allow an
additional 60 days (for an aggregate of 150 days) for students who obtain a
24-month STEM OPT extension.
The Proposal
would retain:
• E-Verify and Reporting
Requirements for STEM OPT Employers.
The proposal would require STEM
OPT employers to be enrolled in USCIS' E-Verify program and to report certain
changes in the STEM OPT student's employment.
Reporting Requirements for STEM
OPT Students.
The proposal would require STEM
OPT students to report to DHS any changes to their names or addresses, as well
as any changes to their employers' names or addresses. Students would also be
required to periodically verify the accuracy of this reporting information.
Cap-Gap Extension for F-1
Nonimmigrants with Timely Filed H-1B Petitions and Requests for Change of
Status
The proposal would retain the
“Cap-Gap” provision, under which DHS would temporarily extend an F-1 student's
duration of status and any current employment authorization if the student is
the beneficiary of a timely filed H-1B petition and requested a change of
status. The Cap-Gap extension would extend the OPT period until October 1 of
the fiscal year for which the H-1B visa is being requested.