USCIS announced on April 4th that it would be publishing a rule to authorize two types of extensions of the optional practical training (OPT) work authorization for certain nonimmigrant students who have completed their degree programs.
17-Month Extension of OPT Period for Science, technology, engineering and math graduates.
Under this part of the rule, work authorization for qualified students will be extended from 12 months to 29 months. Qualified students are defined as those who have earned a degree in the sciences, technology, engineering or math, and who are working in a job directly related to their field of study pursuant to their OPT, for an employer that is enrolled in the USCIS's E-verify employment verification program. To be eligible for the OPT extension, the student must:
- Currently be participating in a 12-month period of approved post-completion OPT
- Have successfully completed a degree in science, technology, engineering, or mathematics (STEM) included in the DHS STEM Designated Degree Program List from a college or university certified by the U.S. Immigration and Customs Enforcement's Student and Exchange Visitor Program
- Be working for a U.S. employer in a job directly related to the student's major area of study
- Be working for, or have accepted employment with, an employer enrolled in U.S. Citizenship and Immigration Services' E-Verify program. (E-Verify is an Internet-based system operated in partnership with the Social Security Administration that requires employers to further verify employment eligibility after completing the I-9 form by electronically submitting certain employee information.)
- Properly maintain F-1 status
Cap Gap Relief
The second part of the rule ameliorates the so-called "cap gap" for students who are the beneficiaries of H- 1B petitions, and whose OPT work authorization would expire before the H-1B validity begins. A student who is the beneficiary of valid H-1B petition will receive an extension of stay, and an extension of work authorization, until October 1st of the year in which the petition has been filed, as long as the H-1B petition is pending or approved.
We will provide a fuller description of the new rule, its implementation, and its impact on employers in the near future.
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