International Programs

New Provisions

On April 8, 2008, Department of Homeland Security (DHS) published the interim final rule that changes several key aspects of F-1 optional practical training (OPT).  The rule is effective April 8, 2008.  F-1 students currently in the United States will also be able to take advantage of the rule’s new provisions once they become effective.

SUMMARY OF KEY PROVISIONS

• I-765 filing window.  The rule sets new deadlines for filing Form I-765 for post completion OPT.  An I-765 for standard post-completion OPT can be filed up to 90 days before the program end-date and up to 60 days after the program end-date.  Application for the 17-month STEM extension must be filed before the current EAD expires.
• H-1B cap-gap extension of D/S and work authorization until October 1. 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, no 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.
• All students on OPT are required to report to the ISSS: Employment name, address, and any interruption of employment.

OPT EXTENDION TO 29 MONTHS

• OPT extension to 29 months for STEM students only. The 12-month limit on F-1 Optional Practical Training (OPT) will be extended by 17 months, for a total of 29 months, for certain STEM degrees holders (Science, Technology, Engineering, Mathematics) in the following fields:
• Actuarial Science
• Computer Science
• Engineering and Engineering Technologies
• Biological and Biomedical Sciences
• Mathematics and Statistics
• Military Technologies
• Physical Science
• Science Technologies
• Medical Scientist (MS., PhD.)

Additional requirements for the 17-month extension include:

• Student must have successfully completed a Bachelor’s, Master’s, or Doctoral degree in a DHS field.
• 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 a job offer from an employer registered with the E-verify employment verification system.
• The student has not previously received a 17-month OPT extension after earning a STEM degree.
• 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-moth 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 come first.
• The employer must agree to report the termination or departure of the student to ISSS 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 no reported for work for a period of five consecutive business days without the employer’s consent.

• Student must complete the ISSS OPT Employment Information Form (validation report) every six months starting the date the extension begins and ending when the student’s F-1 status ends, the student changes educational levels at the same school, the student transfers to another school, or the 17-months OPT extension ends, whichever is first. The validation is a confirmation that the student’s name and address, employer name and address, and/or loss of employment is current and accurate. The report is due to ISSS within 10 business days of each reporting date.

• Limited Periods of Unemployment to Maintain Status During post-completion OPT. F-1 status is dependent upon employment. Students may not accrue and aggregate of more than 120 days of unemployment during the total 29-month OPT period.

One University Boulevard · La Grande, OR 97850-2807 · 541-962-3406 · www.eou.edu

Revised 5/2008

 

Contact Information

To receive additional information regarding policies and procedures, please contact Janet Camp, the International Student Service Coordinator, directly at 541-962-3406 or toll-free at 1-800-452-8639.