OPT Extension for STEM F-1 Students: Update
In March of 2016, the Department of Homeland Security ruled that F-1 students who receive STEM degrees (Science, Technology, Engineering, and Mathematics) and who meet all specified requirements may apply for a 24 month extension of their post-completion Optional Practical Training (OPT). The STEM OPT program allows certain F-1 students the opportunity to receive temporary employment. The STEM OPT program has changed since our previous OPT coverage.
Eligibility for STEM OPT Extension
To qualify for the extension, F-1 students must have been granted OPT or currently are in a “valid period of OPT.” Applicants of extensions must also possess a bachelor’s, master’s, or doctoral degree from a US Department of Education approved higher education institution. Additionally, graduated students must work for a company that meets all requirements (see below). Ninety days before the OPT expires, an applicant must submit an employment authorization form (Form I-765). The required files for the STEM OPT Extension include:
- Form I- 765 with application fee;
- Form I-20 (Certificate of Eligibility for Nonimmigrant Student Status) endorsed by designated school official (DSO);
- A copy of STEM degree.
Employer Responsibilities
According to USCIS, to employ a nonimmigrant through the STEM OPT during their extension, an employer must:
- Enroll in E-Verify and possesses good standing;
- Report substantial changes to the STEM OPT student’s employment to the Designated School Official (DSO) within 5 business days;
- Perform formal training for the student’s academic learning experience;
- Provide OPT employment that parallels similarly situated US workers (duties, hours, compensation);
- Complete and submit the Training Plan for STEM OPT students (Form I-983).
USCIS also alerts employers that US Immigration and Customs Enforcement may perform site visits to verify the STEM OPT student is receiving a structured, work based educational experience.
If you need any assistance requesting a STEM OPT extension, feel free to contact our office.