Important Optional Practical Training (OPT) Update – F-1 Students

Effective April 8, 2008, the Department of Homeland Security (DHS) published an interim final rule with changes to Optional Practical Training, affecting all students who plan to apply for OPT, have a pending OPT application or are currently on OPT.

17-Month OPT Extension

According to the new rule, a student with a degree in a STEM (science, technology, engineering, mathematics) field can apply for a 17-month extension of their 12 month OPT, for a maximum of 29 months.  In order to qualify, a student must meet all of the following requirements:

• The student is already participating in approved post-completion OPT and working in a job directly related to the student’s major area of study;
• The student has earned a bachelor’s, master’s or doctoral degree listed on the STEM Designated Degree Program List (see http://www.ice.gov/sevis);
• The student has accepted a job offer or is already working for a U.S. employer registered in the government’s E-Verify employment verification program
• The employer agrees to report the termination or departure of an OPT employee to the DSO at the student’s school (i.e. International Student Advisor at SISS);
• The student has not previously received a 17-month OPT extension after earning a STEM degree; and
• The student has maintained F-1 status.

Important note: As of April 11, 2008, SEVIS has not yet been modified for OPT extensions. SISS is awaiting further guidance from the Department of Homeland Security on filing OPT extensions; if you think you qualify for an extension now, please contact your International Student Advisor at SISS.

SISS is planning to schedule information sessions on how the new OPT regulations will affect students.  For further updates, continue to monitor the SISS website at http://siss.ucdavis.edu.

Application Timeline

All students are required to file form I-765 with USCIS within 30 days of SISS International Student Advisor’s recommendation date for OPT.
New applicants: Qualified students can apply for 12 months of OPT up to 90 days prior to their program end date and within 60 days after program completion. Post-completion OPT applicants may not request a start date that is more than 60 days after the student’s program end date.
OPT extension applicants: Applications must be received by USCIS prior to the current OPT end date. While the 17-month extension application is pending, the 12-month OPT is automatically extended for 180 days or until the I-765 is approved or denied, whichever comes earlier. The start date on the 17-month extension EAD card will be the day after the 12-month OPT expires.

Form I-765
Students must file the new version of form I-765, dated 04/08/2008*. The new version with instructions can be downloaded from www.uscis.gov
OPT extension applicants: Students must request a new recommendation from SISS, file a new form I-765, application fee and supporting documents.

Please note that some of the instructions on the new version of form I-765 have changed regarding Question #16:

Pre-completion OPT request, use eligibility code (c) (3) (A)
Post-completion OPT request, use eligibility code (c) (3) (B)
17-month STEM OPT extension request, use eligibility code (c) (3) (C)

* The prior version will be accepted until 05/08/08.

Periods of Unemployment

New applicants: Students authorized for 12 months of OPT cannot have more than a total of 90 days of unemployment without jeopardizing their status.
OPT extension applicants: Students authorized for 29 months of OPT (with the 17-month OPT extension) cannot have more than a total of 120 days of unemployment without jeopardizing their status.

Reporting Requirements

All students are required to report the following information to SISS within 10 days of any change during their OPT:

• Legal name
• Residential or mailing address
• Employer name and address
• Employment status

Additional Reporting Requirements for OPT Extension Applicants

1. The student must report to SISS every six months starting from the date the OPT extension begins and ending when one of the following occurs:
   • student’s F-1 status ends or
   • student changes educational levels at the same school or
   • student transfers to another school or program or
   • the 17-month extension ends, whichever is first.
2. Employer must report to the student’s DSO (i.e. International Student Advisor at SISS) within 48 hours after the OPT student has been terminated from, or otherwise leaves, his or her employment prior to the end of the authorized period of OPT.

For students currently on OPT with pending or approved H-1B petitions (regardless of degree), the new rule allows an automatic extension of status and employment authorization if the following conditions are met:

• The student is a beneficiary of an H-1B petition filed before the end of the student’s lawful F-1 status;
• The H-1B petition requests a change of status with an effective date of October 1 of the following fiscal year;
• The student has maintained status; and
• The H-1B is not rejected, denied or revoked.

If USCIS approves the H-1B petition, the student will have an extension that allows them to stay in the U.S. until the requested start date indicated in the H-1B petition takes effect. If USCIS denies a pending H-1B petition, the student will have the standard 60-day grace period (from notification of the denial or rejection of the petition) before they have to leave the U.S. Students cannot travel and re-enter the U.S. during this automatic extension period. The automatic extension of an F-1 student’s duration of status also applies to F-2 dependents.

Important note: Students should consult the employer who filed their H-1B for further information about whether they are eligible for the automatic extension of their stay and employment.