The U.S. Department of Homeland Security released an interim final rule extending the period of Optional Practical Training (OPT) from 12 to 29 months for qualified F-1 non-immigrant students. The extension will be available to F-1 students with a degree in science, technology, engineering, or mathematics who are employed by businesses enrolled in the E-Verify program.

• Automatic Extension of Work Authorization for F-1 Student in All fields Until Start of Approved H1B.
  The work authorization and status of F-1 students whose OPT runs out before October 1st (of any year) and who have an H1B application pending with USCIS (the H1 application has to be a change of status and not “consular notification” or by travel) will be AUTOMATICALLY EXTENDED. This automatic extension will cover F-1 students on OPT with jobs in ALL fields, not only the students with degrees in certain fields. If a student on F-1 OPT has a valid H1B application pending (or approved) and the OPT ends, the student does not have to do any extra application to get this automatic extension, as long as that H1B application was filed as an H with a change of status and not an H with consular notification. Check with your employer about whether they filed your H1B with a change of status. As of April 17, 2008, the USCIS says they WILL allow employers to change their choice from "consular notification" to change of status within a 30 day period--read more about this allowance here.
  
  
• F-1 Extension of 17 Months for Students in Certain Fields
  F-1 students on OPT who have received a degree in the fields listed below, referred to as “STEM” fields (science, technology, engineering, or mathematics), will have an opportunity to apply for a one time 17-month extension of their regular 12 month OPT period. Students graduating now with degrees in these fields will first apply for the regular 12 month period of OPT as usual. Then, if toward the end of the OPT period, those students who are working for employers who are enrolled in a new program called “E-Verify” the USCIS (see details here) will be able to apply for a one-time 17 month extension of their OPT work authorization. The 17 month extension will allow the students who qualify to have continuous work authorization through October 1st of any given following year, in case they do not get an H1B visa in time. 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.

• "STEM" fields (science, technology, engineering, or mathematics):

  • Actuarial Science
  • Computer Science Applications
  • Engineering
  • Engineering Technologies
  • Biological and Biomedical Sciences
  • Mathematics and Statistics
  • Military Technologies
  • Physical Sciences
  • Science Technologies
  • Medical Scientist (MS, PhD)
    

It is important to note that each major at RIT has a particular CIP Code. In order to qualify for the 17 month extension, the CIP code for your program must appear on the designated codes list. Detailed information on STEM designated degree programs is available on the NAFSA: Association of International Educators website.

E-Verify:
E-Verify is an Internet-based system operated by U.S. Citizenship and Immigration Services (USCIS) in partnership with the Social Security Administration (SSA). E-Verify is currently free to employers and is available in all 50 states. E-Verify provides an automated link to federal databases to help employers determine employment eligibility of new hires and the validity of their Social Security numbers. More information is available at the USCIS web page on E-Verify.

Other Changes:

• New Requirements for Students on OPT:
  Students in their 12 month OPT period will have to report to RIT not only address changes but ALSO any interruption in employment. Students in the 29 month OPT period will also have to report name and address of their employer and any changes in employer.
• No more than 90 days of unemployment:
  The regulation adds a new requirement that F-1 students on OPT may not remain unemployed for more than a total of 90 days out of a 12 month OPT period, or 120 days out of a 29 month OPT period.
• Can apply for OPT in 60 day grace period:
  The regulation also extends the filing period of Post-completion OPT through the 60 day grace period—previously OPT applications had to be filed by the graduation date.

Useful Links:

• Department of Homeland Security Announcement
• NAFSA: Association of International Educators (our professional organization)
• US Citizenship and Immigration Service
• Messages sent by Jeff Cox, Director of ISS, to:
  • Current F-1 Students, Not on OPT
  • F-1 Students Who Have Applied for OPT, Are Currently On OPT. or Whose OPT Recently Expired