After receiving over 50,000 comments from the public, the U.S. Department of Homeland Security (DHS) published a final regulation on March 11, 2016 that strengthens and enhances the Optional Practical Training (OPT) program for international students in science, technology, engineering and mathematics (STEM) fields. The regulation becomes effective on May 10, 2016.
Immigration and Customs Enforcement (ICE) issued a press release summarizing the enhancements and protections in this new regulation that lengthens the STEM OPT extension from the current 17 months to 24 months:
- Only students who earned a degree from a school accredited by a U.S. Department of Education recognized accrediting agency and certified by ICE’s Student and Exchange Visitor Program (SEVP), may apply for a STEM OPT extension;
- Participating students who receive an additional qualifying degree from an accredited college or university can apply for a second STEM OPT extension;
- Participating students can use a previously earned qualifying degree to apply for a STEM OPT extension. The prior degree must not have already formed the basis of a STEM OPT extension and must be from a school that is both accredited by a U.S. Department of Education recognized accrediting agency and certified by SEVP at the time of the student’s STEM OPT application. The student’s most recent degree must also be from an accredited and SEVP certified institution.
- Employers participating in STEM OPT must incorporate a formal training program that includes concrete learning objectives with proper oversight.
- Employers and students must report material changes in their training program.
- To guard against adverse effects on U.S. workers, terms and conditions of a student’s training opportunity – such as duties, hours, and compensation – must be on par with U.S. workers in similar positions in the same geographic area of employment.
- Additionally, the student must not replace a fulltime, part-time, temporary or permanent U.S. worker.
- Students must work a minimum of 20 hours per week per employer to qualify.
- Students are permitted a limited period of unemployment during the initial period of post-completion OPT and the STEM OPT extension.
- All STEM OPT employers must participate in DHS’ E-Verify program.
In conjunction with the rule’s publication, SEVP has launched a STEM OPT Hub on DHS’ Study in the States. The Hub includes resources for students, designated school officials, and employers.
SEVP monitors approximately one million international students pursuing academic or vocational studies (F and M visa holders) in the United States and their dependents. It also certifies schools and programs that enroll these students. The U.S. Department of State (DOS) monitors exchange visitors (J visa holders) and their dependents, and oversees exchange visitor programs. Both SEVP and DOS use the Student and Exchange Visitor Information System (SEVIS) to protect national security by ensuring that students, visitors, and schools comply with U.S. laws. SEVP also collects and shares SEVIS information with government partners, including U.S. Customs and Border Protection and U.S. Citizenship and Immigration Services, so only legitimate international students and exchange visitors gain entry into the United States. Personnel with U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) review SEVIS records for potential violations of the rules and refer cases with possible national security or public safety concerns to HSI field offices for further investigation. Additionally, SEVP’s Analysis and Operations Center reviews student and school records for administrative compliance with federal regulations related to studying in the United States. Learn more about SEVP.
Additional resources:
STEM-Designated Degree Program List
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This publication is for general information only. It is not legal advice, and legal counsel should be contacted before any action is taken that might be influenced by this publication.
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