New 17 month OPT Regulation

Summary of New F‐1 OPT Regulation Effective April 8, 2008

This in an Interim Final Regulation with a 60 day comment period before becoming final1.Gap Cap provision to extend status and work authorization to Oct. 1 H‐1B begin date

1.If an H‐1 Petition has been filed in a timely manner for an October 1 start date,

2.If the F‐1 status will end between the time it has been filed and October 1,

3.Then F‐1 status and employment authorization will be automatically extended to October 1.

4.However, if the petition is rejected, denied, or revoked, student status and work authorization is terminated at that time.

2.New regulations for 12 month OPT

A.Applications may be filed during a period of 90 days prior to completion of degree requirements up until 60 days after completion of degree requirements.

B.Application must be made within 30 days of the date that the DSO recommended the OPT. (Date on I‐20)

C. Pre completion OPT, done after all coursework is completed, and while doing research, now includes those completing a Bachelor’s degree.

D.Students must report any change of name or address to the DSO within 10 days of the change. The DSO has 21 days to report to SEVIS.

E.Students must report any employment within 10 days. DSO’s must report to SEVIS within 21 days.

F.Students must report the end of any employment within 10 days. DSO’s must report to SEVIS within 21 days.

G.OPT students are allowed an aggregate (total) of 90 days during the 12 month OPT period to be unemployed. Anything over 90 days puts the student out of status.

H.Failure to report change of address, employment, change of employers, or ending employment puts the student out of status.

3. New 17 month extension for STEM (Science, Technology, Engineering, Math) degrees

A.Students whose most recent degree ( the one the 12 months OPT was based on) in a STEM field, may be eligible for a one time extension of OPT for 17 more months. DHS will determine if the degree qualifies. It will be determined by CIP code. The CIP codes included are:

a.Actuarial Science CIP 52.1304

b.Computer Science CIP 11.xxxx (except Data entry /Microcomputer Applications CIP 11.06xx)

c.Engineering CIP 14.xxxx

d.Biological and Biomedical Sciences CIP 26.xxxx

e.Mathematics and Statistics CIP 27.xxxx

f.Military Technologies CIP 29.xxxx

g.Physical Sciences CIP 40.xxxx

h.Science Technologies CIP 41.0000

i.Medical Scientist CIP 51.1401Not qualifying are CIP codes ending in .xx99

B.Employer must be part of the E‐Verify system

a.This application will cost the employer $170 for registration

b.At the end of the registration process, the employer will need to sign an MOU (Memorandum of Understanding) with DHS and the Social Security Administration. This will cost time in Human Resources, and possible legal consultation time. It will require the company to use E‐Verify for all new hires at the company. They will also be agreeing to allow DHS to review their employment records. Violation will result in termination in participation in the program.

c.All new hires must be verified through E‐Verify within 3 days of hire.

C.Employer must agree to report when a student leaves his/her employment. The employer must report to the DSO no later than 48 hours after employment end. This ending is by choice of the employer, the employee, or if the employee has been absent without consent for 5 days, whichever comes first. The DSO must report to SEVIS.

D.A new I‐765 will be issued to include information about the student’s degree and the employer.We have heard that the new I‐765 will ask:Education level and major field of study To submit a copy of the conferred degree Employer’s name as it shows in E‐Verify The employer’s E‐Verify company identification number, or the company’s agent’s client E‐Verify number

E.Application for extension will include a new I‐20 from the DSO with a recommendation. It must be filed before the expiration of the 12 month OPT, should USCIS not complete adjudication before expiration of the original 12 month OPT, employment may continue for 180 days while waiting for the adjudication.

F.Students must validate their address and employment to the DSO every 6 months.

G.Students must report to DSO, within 10 days, any change in Legal name Residential or mailing address Employer address and/or Loss of employment

H.The approving of the additional 17 months also allows the student an additional 30 days aggregate of unemployment, to add to the original 90 days given during the original 12 month OPT, for a total of 120 days.

I.At the end of the 17 month extension, the student does have 60 days to remain in status, although not working to allow for time to leave the US, return to school, or change to another visa status.