05/18/2016
On March 11th the Department of Homeland Security published new regulations for F-1 STEM (Science, Technology, Engineering, and Mathematics) OPT (Optional Practical Training) work permission. The new regulations became effective on May 10, 2016. In summary, key aspects of the new regulations consist of the following:
(1) STEM extension is increased to 24 months from 17 months previously. That means that total OPT time is 36 months (12 for the original post completion OPT benefit and 24 months for the STEM extension).
(2) There is a second STEM extension after a student completes a subsequent higher STEM degree. The new 24-month extension permits students to have two STEM extensions in their lifetimes based on two separate STEM eligible degrees. For example, if a student has received a STEM extension for a BS degree, and then complete a higher degree in a STEM field, the student will qualify for a second STEM extension in the higher degree field
(3) STEM extensions may be based on a previous degree. In short, if a student has never applied for the STEM extension for a lower STEM- based degree, the student can qualify for a STEM extension as long as he is eligible for post-completion OPT for the new non-STEM based degree. Please review the number 4 criteria below to determine if you qualify for a STEM extension based on a previous degree.
(4) The limit on unemployment has been expanded from 30 days to 60 days for the 24-month STEM OPT extension period.
Consulting, self-employment and volunteering do not qualify as eligible employment for STEM. NAFSA-81 FR 13079 – “There are several aspects of the STEM OPT extension that do not make it apt for certain types of arrangements, including multiple employer arrangements, sole proprietorships, employment through “temp” agencies, employment through consulting firm arrangements that provide labor for hire, and other relationships that do not constitute a bona fide employer-employee relationship.”
(5) I-765 filing deadline is increased to from 30 to 60 days after the Designated School Official’s (International Student Advisor’s) recommendation on the OPT I-20.
(6) A new Form I-983 Training Plan is required to be completed by the OPT STEM extension employer in order to qualify both the student and the employer for STEM OPT eligibility