OPT changes 04/23/2008
Immigration & Visas
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F-type visa information
- 17-Month STEM OPT Extension Request Form
- Termination of Employment Report
- OPT & 17 Month STEM Extension 6 Month Validation Report
- H-1B Visa Cap-Gap extension application
- 17-month OPT Extension as of 5/1/08
- OPT Changes - 4/23/2008
- F-1 reinstatement
- Change of status from H-1 to F-1 student
- Change of status from F-2 to F-1 student
- F-1/I-20 extension of stay
- Inviting an F-2 dependent
- F-1 students: Transferring schools
- Optional Practical Training for F-1 students
- Optional Practical Training for F-1 Undergraduate Students
- Optional Practical Training for F-1 Graduate Students
- J-type visa information
- Immigration updates
- Immigration resources / links
- Checking in with ISSS
- What is SEVIS?
- Maintaining your legal status
- How to get a Social Security Number
On April 8, 2008 new regulations for F-1 students on OPT were published in the Federal Register. These new rules went into effect on 4/18/2008
This new regulation provides a solution to the problem F-1 students have with a gap between the end of their OPT for 12 months and the beginning of an approved H1B status.
This is the information that is available to us today, if there are any additions or changes I will notify the Rensselaer international community.
Key Points
You can only apply for the additional 17 months while you are participating in a valid period of post-completion OPT in a timely fashion before your post-completion OPT expires.
In the new rule it states that OPT can be extended for an additional 17 months, for a total of 29 months for certain STEM degree holders ONLY!
STEM stand for Science, Technology, Engineering, Mathematics.
- o Actuarial Science.
- o Computer Science Applications:
- o Engineering.
- o Engineering Technologies
- o Biological and Biomedical Sciences.
- o Mathematics and Statistics.
- o Military Technologies.
- o Physical Sciences.
- o Science Technologies.
- o Medical Scientist (MS, PhD). o
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• Approved list is available on SEVP’s website at
http://www.ice.gov/sevis
Procedures to apply for an F-1 OPT extension the requirements are:
- 1. Student must be currently participating in a 12-month period of OPT, working for a U.S. employer in a job directly related to the student’s major area of study.
- 2. Student must have successfully completed a bachelor's, masters, or doctoral degree in a field on the DHS STEM Designated Degree Program List, from a SEVIS-certified college or university. RPI is a SEVIS certified university.
- 3. Student can apply for the additional 17 months extension any time during your first 12 months of OPT.
- 4. Student must be working for an employer who is enrolled in the E-Verify ystem.
- 5. The student must have maintained status while in OPT. Maintaining status means that you follow all the New reporting requirments list at the end of this page.
- 6. The student has not previously received a 17-month OPT extension after earning a STEM degree.
- 7. The student must apply for the 17-month OPT extension with the ISSS at RPI. The ISSS Office will recommend the OPT extension on a new Form I-20 as long as the job meets DHS requirements.
- 8. Student will have to apply for the 17-month extension on Form I-765 with the $340.00 fee.
- 9. Students who timely file an application for the 17-month OPT extension will be able to continue employment while the extension application is pending, until a final decision on the I-765 or for 180 days, whichever comes first.
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10. The employer must agree to report the termination or
departure of the student to the ISSS office at RPI or
through "any process identified by DHS." a. DHS has not yet
notified anyone of this process
What is E-Verify?
Is an internet-based system operated by USCIS, in partnership with the Social Security Administration (SSA). It compares information contained on the Form I-9 with the records at the SSA and DHS. It helps employers verify identity and employment eligibility of newly hired employees.`
For an employer to participate in the E-Verify program they will need to enter into a memorandum of Understanding (MOU) with the DHS and SSA. Employers can find more information at www.uscis.gov/E-Verify.
There is no cost to participating in this program and it is available in all 50 states.
H-1B cap-gap extension of D/S and work authorization until October
1. Duration of status (D/S) 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. •
NEW Reporting Requirements while on OPT or the 17-month OPT extension
- 1. Name and address of employer (company name)
- 2. Dates of employment
- 2. Dates of interruption of employment
- 3. Your local address
- 4. Your phone number
- 5. Your email address
- 6. Must make a validation report to the ISSS Office at RPI every six months starting from the date, the OPT extension begins and ending when the student's F-1 status ends, the student changes educational levels at the same school, the student transfers to another school, or the 17-month OPT extension ends, whichever is first.
- 7. The validation is a confirmation that the student's name and address, employer name and address, and/or loss of employment is current and accurate. The report is due to the DSO within 10 business days of each reporting date.
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More changes for OPT
- 1. Student can now apply for OPT during the 60 day grace period following graduation.
- 2. Employment MAY be unpaid in the regular 12 months period of OPT.
- 3. Employment during the 17-month STEM extension must be traditional paid employment.
- 3. F-1 student on OPT can only remain unemployed for no more than a total of 90 days out of the 12 months of OPT or a total of 120 days during 12 months or OPT and the 17-month STEM extension.
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As more information is announced, I will notify the international population at Rensselaer.
Reliable web links:
NAFSA announcement: http://www.nafsa.org/regulatory_information.sec/29_month_opt_rule_updates USCIS information:
E-Verify system: hppt://www.uscis.gov 4/9/08
4/23/2008