Question and Answer
By: Allen E. Kaye
EXTENSION OF OPTIONAL PRACTICAL TRAINING PROGRAM
FOR QUALIFIED STUDENTS
Regulations Relating to Practical Training:
What is optional practical training?
Optional Practical Training (OPT) is temporary employment
that is directly related to an F-1 student’s major
area of study. Under the prior rules, an F-1 student could
be authorized to receive up to a total of 12 months of practical
training either pre- and/or post- completion of studies.
What is the application process to participate
in pre- or post-completion OPT?
- Students must initiate the process by requesting the
Designated School Official (DSO) at their academic institution
to recommend the OPT. The DSO makes such recommendation
by endorsing the student’s Form I-20 and by making
appropriate notation in SEVIS, the system used to track
F-1 students.
- Students then file Form I-765, Application for Employment
Authorization Document (EAD), with U.S. Citizenship and
Immigration Services (USCIS). If approved, USCIS will issue
an EAD to the student.
- The student may begin engaging in pre- or post-completion
OPT only after an application has been approved and an EAD
has been issued.
How many students stand to benefit from this interim
rule?
ICE records indicate that there are approximately 70,000
students currently in OPT and, of those, about 23,000 are
studying in STEM fields. Some of these students will be
selected for an H-1B to start in October 2008. Others may
choose to continue their education, while some will depart
the United States. ICE and USCIS estimate that approximately
12,000 will take advantage of the STEM extension.
What is the maximum duration of post-completion
OPT under this interim rule?
Under the new rule, certain students will be eligible to
receive a 17-month STEM extension of post-completion OPT.
Do the periods of pre-completion OPT count against
the available periods of post-completion OPT?
Yes. All periods of pre-completion OPT are deducted from
the available periods of post-completion OPT.
Are there fees associated with filing for extended
OPT?
Yes. USCIS charges $340 when an applicant files a Form I-765
for optional practical training.
When must a student apply for an OPT extension?
Is there additional post-completion OPT available
to students working in the high-tech industry?
-
F-1 students who receive science, technology,
engineering, and mathematics (STEM) degrees included on
the STEM Designated Degree Program List, are employed
by employers enrolled in E-Verify, and who have received
an initial grant of post-completion OPT related to such
a degree, may apply for a 17-month extension.
- This extension of the OPT period for STEM degree holders
gives U.S. employers two chances to recruit these highly
desirable graduates through the H-1B process, as the extension
is long enough to allow for H-1B petitions to be filed in
two successive fiscal years.
What are the eligible STEM degrees?
-
To be eligible for the 17-month OPT extension,
a student must have received a degree included in the
STEM Designated Degree Program List. This list sets forth
eligible courses of study according to “Classification
of Instructional Programs” (CIP) codes developed
by the U.S. Department of Education's National Center
for Education Statistics (NCES).
The STEM Designated Degree Program
List includes the following courses of study:
-
Computer Science Applications
-
Biological and Biomedical Sciences
-
Actuarial Science
-
Mathematics and Statistics
-
Engineering
-
Military Technologies
-
Engineering Technologies
-
Physical Sciences
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