[Intl-stu] Optional Practical Training changes

[International Students]

Subject:  OPT extension and Cap Gap for H1-B. 

 

As some of you have heard there has been a 17-month OPT extension for
students in some majors.  Our office has only been provided the
information below and the rule will take effect on or after April 8,
2008.  We have limited information on this new rule as it has not become
official, but we will be provided more details by USCIS of the
regulation on April 11, 2008.  Please be patient as we work to discover
the details of the changes.  We will have more information for you later
this week and early next week.  

 

Please read the information below thoroughly!  These changes are ONLY
for students in the majors listed below, and the student's employer MUST
be enrolled in the E-Verification employment verification program for
employers!  This is something that you will need to ask your employer
about.  Our office will not be scheduling OPT appointments for the
extension until after the ruling has been published on or after April 8,
2008 and we have received the details of the extension.    

 

 

 

The U.S. Department of Homeland Security (DHS) released today 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 students who are employed by businesses
enrolled in the E-Verify program. E-Verify is a free internet-based
system operated by USCIS, in partnership with the Social Security
Administration, which determines a new employee's eligibility to work.  

 

General Provisions: 

*     F-1 students in STEM (Science, Technology, Engineering,
Mathematics) fields and granted initial post-completion OPT are now
eligible to apply for a one-time extension for 17 additional months, a
maximum of 29 months.

*     STEM students need to file form I-765.  The form is being amended
to capture information needed to determine student eligibility.

*     F-1 students file timely (at least 90 days prior) for a STEM
extension may continue employment while the application is pending until
a final decision from USCIS, or 180 days, whichever comes first.

*     Approved extensions allow for students to remain working for the
STEM employer on the new EAD. If denied, the student must make
preparations to depart or transfer to another school to continue
studying.  

 

To be eligible for the 17-month OPT extension, a student must have
received a STEM degree in one of the following:

*     Actuarial Science.

*     Computer Science Applications.

*     Engineering.

*     Engineering Technologies.

*     Life Sciences.

*     Mathematics.

*     Military Technologies.

*     Physical Sciences.

 

Cap Gap:  

*     "Cap-gap" occurs when an academic foreign student's (F-1) status
and work authorization expire during the current fiscal year before the
student can start approved H-1B employment during the next fiscal year
beginning on October 1.

*     This new interim final rule provides a permanent solution to the
H-1B "cap-gap". Previous cap-gap provisions extended only the stay but
not the employment authorization.

*     F-1 classified nonimmigrant students whose employer has filed an
H-1B petition on their behalf and whose petition is selected, may now
receive an extended/authorized stay for employment.

 

This information may be found on the USCIS website at
http://www.dhs.gov/xnews/releases/pr_1207334008610.shtm

 

 

John Mark Jones, Director

International Student Services

Texas A&M University- Commerce

PO Box 3011

Commerce, TX 75429

Phone: (903) 886-5097

Fax: (903) 468-3200

 

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