[Intl-stu] Changes to OPT both 12-month and 17-month extension

Fri Apr 11 14:16:21 CDT 2008

Subject:  Changes to the OPT regulations

Changes for 12-month OPT:

The ISSO website is in the process of being updated with a FAQ for
12-month and 17-month extension for OPT, the new application process and
requirements, and the new regulations regarding OPT.  We will be
completing this process soon and appreciate your patience.  Our updated
website will provide more detailed information and the application
process.   

Application Deadlines:

The new rules allow all qualified F-1 students to apply for 12 months of
OPT up to 90 days prior to their program end date and within 60 days
after their program end date. However, it is strongly recommended that
students apply for their OPT BEFORE their program end date.  

Reporting Requirements:  This applies to ALL CURRENT AND FUTURE OPT
STUDENTS

All students on OPT are required to report any change of address and/ or
interruption of employment within 10 days of change.  In addition, there
will be a new reporting requirement for students on OPT to report the
following information to the ISSO within 5 business days of February 1,
June 1, and October 1 of each year:

*	full name
*	current address
*	current and previous employer's name and address
*	dates employed at each employer

All students currently on OPT will be receiving a separate email
regarding the reporting requirements next week.  

Periods of Unemployment:

The new ruling states that "during post-completion OPT, F-1 status is
dependent upon employment."  Students may not accrue an aggregate of
more than 90 days of unemployment during any post-completion OPT carried
out under the initial post-completion OPT authorization. Students
granted a 17-month OPT extension may not accrue an aggregate of more
than 120 days of unemployment during the total 29-month OPT period. 

H1-B Cap Gap:

Duration of status 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.

Information Regarding the 17-month OPT Extension:

Eligible Majors:

We have posted the eligible majors on the ISSO website at
http://www.tamu-commerce.edu/international/.  USCIS will determine a
student's eligiblity for extension based upon the major listed on the
I-20 and on the diploma from Texas A&M University- Commerce, and not the
course work or focus of the major.  Please understand this is a USCIS
regulation and not the ISSO or Texas A&M University- Commerce.

Requirements for Extension:

*	Student must be currently participating in a period of standard
OPT, working for a U.S. employer in a job directly related to the
student's major area of study.
*	Student must have successfully completed a bachelor's, master's,
or doctoral degree in a field on the DHS STEM Designated Degree Program
List, from a SEVIS-certified college or university.
*	Student must have a job offer from an employer registered with
the E-Verify
<http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f61417
6543f6d1a/?vgnextoid=4ee4be0cbcf90110VgnVCM1000000ecd190aRCRD&vgnextchan
nel=2411c9ee2f82b010VgnVCM10000045f3d6a1RCRD>  employment verification
system. 
*	The student has not previously received a 17-month OPT extension
after earning a STEM degree. 
*	The DSO must recommend the 17-month OPT extension in SEVIS,
after verifying the student's eligibility, certifying that the student's
degree is on the STEM Designated Degree Program List, and ensuring that
the student is aware of his or her responsibilities for maintaining
status while on OPT. 
*	Student will have to apply for the 17-month extension on Form
I-765 with fee. 
*	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. 
*	The employer must agree to report the termination or departure
of the student to the DSO or through "any other means or process
identified by DHS." An employer must consider a worker to have departed
when the employer knows the student has left employment, or if the
student has not reported for work for a period of five consecutive
business days without the employer's consent.

Periods of Unemployment:

The new ruling states that "during post-completion OPT, F-1 status is
dependent upon employment.  Students may not accrue an aggregate of more
than 90 days of unemployment during any post-completion OPT carried out
under the initial post-completion OPT authorization.  Students granted a
17-month OPT extension may not accrue an aggregate of more than 120 days
of unemployment during the total 29-month OPT period.

Reporting Requirements:  This applies to ALL CURRENT AND FUTURE OPT
STUDENTS

All students on OPT are required to report any change of address and/ or
interruption of employment within 10 days of change.  In addition, there
will be a new reporting requirement for students on OPT to report the
following information to the ISSO within 5 business days of February 1,
June 1, and October 1 of each year:

*	full name
*	current address
*	current and previous employer's name and address
*	dates employed at each employer

All students currently on OPT will be receiving a separate email
regarding the reporting requirements.  

Application Process:

Students will need to apply for the extension before the end date of
their current OPT authorization period on their EAD.  We recognize that
some of you will have an end date in early May so we are working
diligently to update everything to accommodate these end dates.  USCIS
has stated that as long as you apply for the extension before the end
date on your current OPT authorization period on the EAD, you will be
able to continue to work until your application for extension is
adjudicated.  We are currently updating our website with the new
requirements and forms so please be patient with us.  We expect to be
completed with the updates very soon and will begin scheduling
appointments for OPT extension in the immediate future.  

Additional information may be found at
http://www.nafsa.org/regulatory_information.sec/29_month_opt_rule_update
s.

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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