17-months OPT Extension as of 5/1/08
Immigration & Visas
-
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
17-month STEM OPT Extension and What You Need to Do
Erin L.Underwood
Jane D. Havis
Terms
SEVIS-Student Exchange Visitor
Information System An online tracking system for the Department of Homeland Security
OPT-Optional Practical Training
Recommended by the ISSS Office and approved by DHS. This allows a student to work in his/her field of study for one year before returning to their home country.
STEM-Science, Technology, Engineering,Mathematics
17-month STEM OPT Extension
An extension of the OPT a student is currently on. There are restrictions on who can apply:
Student must currently be working for a company that is E-verified
Student must have already graduated
Student’s degree must be in STEM field “
Cap-Gap”
refers to the time a student’s OPT ends and H-1B starts
USCIS-United States Citizenship and Immigration Service Terms CIP Code
(Classification of Instruction Programs)-code used in SEVIS to designate a student’s major.
Certain CIP codes have been designated a STEM designated degrees.
Unemployment time
–
Each day that the student is not employed in a qualifying job
Overview of OPT
Defined as employment directly related to a students major area of study
Only students in F-1 status that have been enrolled full-time for one academic year can apply for OPT
OPT is limited to 12 months
Must have graduated or completed course requirements and are working on your research/thesis
Two Types
Pre-completion
Usually done during the summer for undergraduates
Post-completion
After the student graduates
After you have completed course requirements but are working on the research/thesis
Does not have to be paid employment
Does not have to be full time
Must be in field of study
Recommended by ISSS and approved by USCIS
Changes to OPT
Does not have to be paid employment
Can be volunteer employment as long as this does not violate any labor laws.
Student on OPT may start a business & be self-employed. But the student must be working full-time and be able to prove that he/she has the proper business licenses and is actively engaged in a business related to the student’s degree program.
At this time ISSS cannot say what is considered “Proper business licenses”.
You can now apply with-in 60 days after graduation.
ISSS Office recommends you do not do this because of problems the SEVIS system is having processing this.
17-month STEM OPT Extension
On April 8, 2008, a new regulation was published in the Federal Register stating that students currently on OPT could apply for an extension of 17 months if they meet certain restrictions
Presently, it is being called “17-month STEM OPT Extension”
Must be an F-1 student that is currently on 12-month OPT with an employer that is on the E-verification system
Only students with degrees in Science, Technology, Engineering, or Mathematics (STEM) can take advantage of this extension
Must have already graduated
The extension must be paid employment and full time
17-months STEM OPT Extension
Student must show that employment is directly related to their degree program.
It is recommended that the student maintain evidence – for each job- of the position held, proof of the duration of that position, the job title, contact information for the student’ supervisor/manager, and a description of the work.
Recommended that student get a signed letter from the employer’s hiring official, supervisor/manager stating how the student’s degree is related to the work performed.
A student on a STEM extensionis allowed to volunteer, incidental to their status. This means that volunteer work is allowed but does not count as employment for the purpose of maintaining F-1 status.
What is a STEM degree?
Science, Technology, Engineering, or Mathematics
Look at your I-20 for your CIP code
The following majors fall into this category:
Actuarial Science (52.1304)
Computer Science Applications (11.xxxx-except 11.06xx)
Engineering (14.xxxx) Engineering Technologies (15.xxxx)
Biological and Biomedical Sciences (26.xxxx)
Mathematics and Statistics (27.xxxx)
Military Technologies (29.xxxx)
Physical Sciences (40.xxxx)
Science Technologies (41.xxxx)
Medical Scientist (51.1401)
Major Advantage of Extension
The “cap-gap” is when an F-1 student’s status and work approval end before they can start their approved H-1B employment on October 1.
In most cases, an F-1 student falling in the cap-gap would have to leave the U.S. and return on October 1.
The H-1B cap-gap has now been eliminated by extending F-1 status and OPT employment for all F-1 students on OPT who have an H-1B approval with an October 1 start date.
If you were not approved for H-1B this year, file for the 17-month STEM OPT extension for a better chance the following year.
Elimination of the “Cap Gap”
IF a student is currently on approved OPT and has applied for and been approved for an H-1B visa starting October 1, 2008, they do not need to apply for the 17-month STEM OPT Extension.
USCIS automatically extends their permission to continue working until the H-1B visa goes into effect on October 1.
ISSS will have to extend the students I-20 (but as of today instructions are now available on how to do this)
Student will not get a new EAD Card showing the approved extension.
Elimination of the “Cap Gap”
Student will not be notified by DHS if they are not approved for an H1-B so they must stay in contact with the employer.
The employer will be notified if you are approved or not approved for H1-B
If the student wants vertification of Cap-Gap approval then they will have to request that from the ISSS Office, there is a form to fill out.
ISSS Office will then request the information from DHS.
It is unknown if a student will be able to travel outside the U.S. during this time period.
As of today, we recommend you do not travel outside the U.S.
What is E-Verification?
The E-Verify program is a free and voluntary Internet-based system operated by the Department of Homeland Security and the Social Security Administration
It helps employers to determine employment eligibility of new hires and the validity of their Social Security Numbers
Do not be afraid to ask your employer to sign up for the E-Verify program!
After the company signs an agreement with E-Verify, they will get a E-Verify Company Identification Number which you will need to get from them to fill out your I-765 Form.
Employer now has to tell the ISSS Office if the student stops working or has not shown up to work unexplained for five days.
What is E-Verification? (cont.)
To register, the employer must go online and agree to the Memorandum of understanding (MOU)that details the responsibilities of the SSA, DHS, and the employer.
Employer must agree to all points of the Memorandum, which may cause some questions
Concerns with the E-Verify Program
Cost of implementing and administering the system for all new employees
It must be done for all employees immediately if the company enrolls
Inaccuracies within the E-Verify database can result in extreme hardship for prospective employees
A recent audit showed that foreign-born, work authorized employees are 30 times more likely to have issues
Could result in a possible delay of hiring
What Do I Need to Do to Apply for 17-month STEM OPT Extension?
First, you must be currently working on OPT for an E-Verified company
You must fill out the documents in the “17-month STEM OPT Extension packet. This has not been developed as of yet.
When you turn into the ISSS Office the required information, you will be told when you can return to pick up the packet and you the student will send it into USCIS.
Student needs to understand that the LAW says they are REQUIRED to report to the ISSS Office any changes of name in their passport, local address, phone number and email.
Student needs to understand that the LAW says they are REQUIRED to report to the ISSS Office the employer/company name, address, start and end dates.
Student needs to understand that the LAW says they are REQUIRED to report to the ISSS Office every six months.
FAILURE TO REPORT CAN RESULT IN A TERMINATION OF STATUS AND AFFECTS YOU, THE EMPLOYER, AND RENSSELAER!
How to apply with USCIS
Student will pick up the 17-month STEM OPT extension forms when ready from the ISSS Office
In this packet will be the new Form I-20 issued for the extension, you need to sign the new I-20.
Student must send all the required information to the appropriate USCIS Office within 30 days of the new Form I-20 being printed.
We recommend that students maintain evidence that the employment is directly related to their degree program of position held, proof of the duration of that position, job title, contact information for the supervisor or manager, and a description of work.
How to apply with USCIS (cont.)
The required information includes:
I-765
Copy of all I-20 forms
Fee of $340 made payable to the Department of Homeland Security
Copy of current EAD Card
Copy of front and back of I-94card
Copy of identifying page in passport Either a photocopy of Diploma, an official transcript, or an unofficial transcripts (must state degree received)
The ISSS Office
We must have a way to make sure the employers are reporting to us if a student stops working (fired/quit) or has not shown up to work unexplained for 5 days.
The ISSS Office has a form that will be given to the student that they must give their Employer.
ISSS Office is required by LAW to report to SEVIS:
Change of legal name and local address
Email address and phone number
Employer/company name and address
Start and end dates of employment
Any change of employment
Any interruptions of employment
Student is required by LAW to fill out and send to the ISSS Office every 6 months the “OPT Extension 6 Month Validation Report”.
If the student does not report, they are considered out of status and the ISSS Office is required to cancel the OPT, making the student in the country illegally.
The ISSS Office (cont)
ISSS Office may need to start requiring students to meet with the Director when applying for OPT to make sure they understand the reporting requirements.
ISSS Office may now need to meet or talk with each student going on 17-month STEM OPT Extension to make sure the information is correct that the student understands all the reporting requirements.
ISSS Office may need to start requiring students to meet with the Director when applying for OPT to make sure they understand the reporting requirements.
ISSS Office may now need to meet or talk with each student going on 17-month STEM OPT Extension to make sure the information is correct that the student understands all the reporting requirements.
What this means for YOU
Students who are on 12-month OPT are not permitted more than 90 days of unemployment.
If the student is given a 17-month STEM OPT extension, he or she is given an additional 30 days of unemployment, not to exceed 120 days.
If you do not get approved for an H-1B Visa, you have the ability for another chance the following year.
When applying for the extension, if your application for your extension MUST be submitted to USCIS before the end date of your 12-month Post-Completion OPT, you may maintain employment for up to 180 days while waiting for the your new EAD card
You must have applied in a timely fashion