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F-1 OPT Extended for Qualified Students and Employers
USCIS released an interim rule, effective April 8, expanding H-1B cap-gap relief for F-1 students with a pending H-1B petition. This rule allows an F-1 student who is the beneficiary of an H-1B petition and a request for change of status to receive an automatic extension of status and work authorization until October 1, 2008, as long as the following conditions are met:
1. H-1B petition was properly filed and is not rejected or denied.
2. Employment start date is October 1, 2008 (the first day of FY2009).
3. F-1 student has properly maintained F-1 status.
This rule benefits only F-1 students with OPT that expires after August 1, 2008. USCIS estimates that approximately 10,000 students will benefit from this rule.
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17-Month Extension of F-1 OPT for F-1 Students with STEM Degree
The interim rule also provides for a 17-month extension of F-1 Optional Practical Training (OPT) for students with a science, technology, engineering or mathematics (STEM) degree.
The following conditions must be met for the applicant to receive a 17-month extension (a maximum of 29 months of OPT):
1. The F-1 student must apply for the extension while in a valid period of post-completion OPT.
2. The F-1 student has successfully completed a degree included in the DHS STEM designated degree program list from a college or university certified by the ICE student and Exchange Visitor Program.
3. The F-1 student will work for a U.S. employer in a job directly related to the student's major area of study.
4. The F-1 student will work for, or accept employment with, an employer enrolled in the USCIS E-Verify program.
5. The F-1 student has properly maintained F-1 status.
Under the rule, the student must file for the 17-month extension before the current employment authorization card (EAC) expires. If the EAC expires before USCIS issues a decision, the student's work authorization end date is automatically extended.
As part of the application extension process, the designated school official for the F-1 student's college or university will authorize the 17-month extension and certify the STEM degree.
The Form I-765, Application for Employment Authorization, was revised and is available on the USCIS Web site. The prior version of the form will not be accepted after May 8. The revised form includes the new OPT regulations, a specific eligibility code for the STEM OPT extension, STEM degree conferred major field of study, and the employer's E-Verify company or client identification number.
The following is a list of STEM degree fields:
1. Actuarial science
2. Computer science applications
3. Engineering
4. Engineering technologies
5. Biological and biomedical sciences
6. Mathematics and statistics
7. Military technologies
8. Physical sciences
9. Science technologies
10. Medical scientist (MS, PhD)
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