Effective April 8th 2008, Department of Homeland Security (DHS) revised its regulation on F-1 Optional Practical Training (OPT)
The 12-month limit on F-1 Optional Practical Training (OPT) will be extended by 17 months, for a total of 29 months, for bachelor's, master's, or doctoral degrees in a STEM (Science, Technology, Engineering, Mathematics) field that is on the DHS STEM Designated Degree Program List. That list consists of select STEM fields identified by the field's CIP Code. Since CIP Codes are also used to designate field of study in SEVIS, the CIP Code in the SEVIS record of the I-20 on which the application for OPT is based will be the point of reference. Please see the STEM OPT Extension Packet for full information.
H-1B cap-gap extension of D/S and work authorization until October 1. Duration of status and work authorization will be extended for a student on OPT, who is the beneficiary of a timely filed H-1B petition requesting an employment start date of October 1 of the following fiscal year. This would apply to all students on OPT, not just STEM students. The extension of duration of status and work authorization would automatically terminate upon the rejection, denial, or revocation of the H-1B petition filed on the student's behalf.
I-765 filing window. The rule sets new deadlines for filing Form I-765 for post-completion OPT. An I-765 for standard post-completion OPT can be filed up to 90 days before the program end-date and up to 60 days after the program end-date, provided that it is filed within 30 days of the date the DSO enters the OPT recommendation info SEVIS. Applications for the 17-month STEM extension must be filed before the current EAD expires.
Reporting Requirements while on OPT
Click here to link to the OPT Reporting Form. This online form is also available on the "Forms" page of the ISPS website.
All students on OPT are required to report to the DSO:
Limited Periods of Unemployment to Maintain Status
During post-completion OPT, F-1 status is dependent upon employment.
Students may not accrue an aggregate of more than 90 days of unemployment during any post-completion OPT carried out under the initial post-completion OPT authorization.
F-1 students currently in the United States are able to take advantage of the rule's new provisions.
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