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Summary of the Proposed New STEM OPT Extension rule by DHS 2015
24 Month STEM OPT Extension : In the original proposed rule, STEM OPT
Extension period was given for 17 months, now the proposed rule increased
that 17 month OPT Extension period for STEM graduates to 24 months .
E-Verify Requirement : Similar to the original past rule, the 24 month STEM
OPT extension is only eligible for students who are employed by an E-
Verified employer.
Addresses Court Ruling that Vacated the 2008 rule : The new proposed rule
also mentions that it addresses the court decision that vacated the original
2008 rule on procedural grounds.
Cap – Gap Relief : The previous cap-gap relief continues to be available
in the new rule, similar to previous rule enabling students to automatically
extend their F1 status and the employment authorization until October 1st,
if they file H1B visa in a timely manner.
Accredited Schools : The STEM OPT Extension will be available only to
students with STEM degrees from accredited schools Initiatives to increase
the oversight over STEM OPT Extension students by
Formal Mentoring and Training plans by employers for students in STEM OPT
Extension
Wage Protection for students availing this facility
Policy Changes to enhance the academic benefit of STEM OPT Extension by
Increased oversight and policies to gain practical experience that
supplement the theoretical knowledge for better positioning to begin
students careers in their area of study.
The proposed policy to make US colleges to be globally competitive.
30 Day Comment Period : All the speculations of 90 days, 60 days are gone.
It clearly tells that the comment period would be 30 days.
We finally have an idea of what will be included in the OPT STEM fix to be
proposed by DHS next week. In case you don’t want to read through the 107
page document proposing to fix the STEM OPT extension and implement
President Obama’s Executive Actions for F-1 students… you are in luck! I’
ve read it for you and have summarized it here:
STEM Extension Period for OPT lengthened to 24 months instead of 17.
Obtaining a second STEM degree at a higher educational level would make the
student eligible for one additional 24-month STEM OPT extension.
Employers of OPT students would need to implement formal mentoring and
training programs. The student would be required to prepare a formalized
Mentoring and Training Plan with the employer and to submit the plan to the
student’s DSO before the STEM extension can be recommended in SEVIS to
obtain the new I-20. The student will also need to provide his or her DSO
with an evaluation of his or her STEM OPT every six month.
F-1 student participating in post-completion OPT can use a prior eligible
STEM degree from a U.S. institution of higher education as a basis to apply
for a STEM OPT extension, as long as the student’s most recent degree was
also received from an accredited educational institution. Job offer must be
directly related to the previously obtained STEM degree (not the later
degree).
Terms and conditions of STEM OPT must be similar to what U.S. workers would
receive (including duties, hours, and compensation). Employer would also be
required to attest that: (1) the employer has sufficient resources and
trained personnel available to provide appropriate mentoring and training in
connection with the specified opportunity; (2) the employer will not
terminate, lay off, or furlough any full- or part-time, temporary or
permanent U.S. workers as a result of providing the STEM OPT to the student;
and (3) the student’s opportunity assists the student in attaining his or
her training objectives. Employer site visits to verify compliance will also
be instituted.
STEM OPT extensions ONLY available to students with degrees from schools
that are accredited by an accrediting agency recognized by the Department of
Education;
New proposal would revise the number of days that an F-1 student may remain
unemployed during STEM OPT to 60 days during the 24-month STEM extension (
for an aggregate of 150 days instead of 120 days).
Cap-Gap extension for students with OPT expiring between April and October
with a pending H-1B is also in the rule. And, as before, the STEM extension
can only be done with an E-Verify employer. Another minor change is that
students would have 60 days to file the I-765 after the DSO recommends the
STEM extension in SEVIS, rather than 30 days.
IMPORTANT: DHS is making every effort to have a final rule take effect
prior to February 13, 2016, when the stay on the vacatur of the 2008 IFR is
currently set to expire. In the event, however, that a final rule resulting
from this rulemaking does not take effect before the vacatur of the 2008 IFR
, DHS will lack clear regulatory authority to grant pending applications for
STEM OPT extensions. In that case, DHS will evaluate options to address
pending applications, such as returning such applications and requiring re-
filing upon completion of a final rule. DHS seeks comments on these and
other options for addressing pending applications if a final rule is not in
place prior to the court’s vacatur, including comments on the harm that
such a gap may cause.
ALSO: Students currently on 17-month extensions would be able to apply for
the balance of the 24-month extension, depending on how much time remained
in their current 17-month extension and the effective date of a final
regulation.
24 Month STEM OPT Extension : In the original proposed rule, STEM OPT
Extension period was given for 17 months, now the proposed rule increased
that 17 month OPT Extension period for STEM graduates to 24 months .
E-Verify Requirement : Similar to the original past rule, the 24 month STEM
OPT extension is only eligible for students who are employed by an E-
Verified employer.
Addresses Court Ruling that Vacated the 2008 rule : The new proposed rule
also mentions that it addresses the court decision that vacated the original
2008 rule on procedural grounds.
Cap – Gap Relief : The previous cap-gap relief continues to be available
in the new rule, similar to previous rule enabling students to automatically
extend their F1 status and the employment authorization until October 1st,
if they file H1B visa in a timely manner.
Accredited Schools : The STEM OPT Extension will be available only to
students with STEM degrees from accredited schools Initiatives to increase
the oversight over STEM OPT Extension students by
Formal Mentoring and Training plans by employers for students in STEM OPT
Extension
Wage Protection for students availing this facility
Policy Changes to enhance the academic benefit of STEM OPT Extension by
Increased oversight and policies to gain practical experience that
supplement the theoretical knowledge for better positioning to begin
students careers in their area of study.
The proposed policy to make US colleges to be globally competitive.
30 Day Comment Period : All the speculations of 90 days, 60 days are gone.
It clearly tells that the comment period would be 30 days.
We finally have an idea of what will be included in the OPT STEM fix to be
proposed by DHS next week. In case you don’t want to read through the 107
page document proposing to fix the STEM OPT extension and implement
President Obama’s Executive Actions for F-1 students… you are in luck! I’
ve read it for you and have summarized it here:
STEM Extension Period for OPT lengthened to 24 months instead of 17.
Obtaining a second STEM degree at a higher educational level would make the
student eligible for one additional 24-month STEM OPT extension.
Employers of OPT students would need to implement formal mentoring and
training programs. The student would be required to prepare a formalized
Mentoring and Training Plan with the employer and to submit the plan to the
student’s DSO before the STEM extension can be recommended in SEVIS to
obtain the new I-20. The student will also need to provide his or her DSO
with an evaluation of his or her STEM OPT every six month.
F-1 student participating in post-completion OPT can use a prior eligible
STEM degree from a U.S. institution of higher education as a basis to apply
for a STEM OPT extension, as long as the student’s most recent degree was
also received from an accredited educational institution. Job offer must be
directly related to the previously obtained STEM degree (not the later
degree).
Terms and conditions of STEM OPT must be similar to what U.S. workers would
receive (including duties, hours, and compensation). Employer would also be
required to attest that: (1) the employer has sufficient resources and
trained personnel available to provide appropriate mentoring and training in
connection with the specified opportunity; (2) the employer will not
terminate, lay off, or furlough any full- or part-time, temporary or
permanent U.S. workers as a result of providing the STEM OPT to the student;
and (3) the student’s opportunity assists the student in attaining his or
her training objectives. Employer site visits to verify compliance will also
be instituted.
STEM OPT extensions ONLY available to students with degrees from schools
that are accredited by an accrediting agency recognized by the Department of
Education;
New proposal would revise the number of days that an F-1 student may remain
unemployed during STEM OPT to 60 days during the 24-month STEM extension (
for an aggregate of 150 days instead of 120 days).
Cap-Gap extension for students with OPT expiring between April and October
with a pending H-1B is also in the rule. And, as before, the STEM extension
can only be done with an E-Verify employer. Another minor change is that
students would have 60 days to file the I-765 after the DSO recommends the
STEM extension in SEVIS, rather than 30 days.
IMPORTANT: DHS is making every effort to have a final rule take effect
prior to February 13, 2016, when the stay on the vacatur of the 2008 IFR is
currently set to expire. In the event, however, that a final rule resulting
from this rulemaking does not take effect before the vacatur of the 2008 IFR
, DHS will lack clear regulatory authority to grant pending applications for
STEM OPT extensions. In that case, DHS will evaluate options to address
pending applications, such as returning such applications and requiring re-
filing upon completion of a final rule. DHS seeks comments on these and
other options for addressing pending applications if a final rule is not in
place prior to the court’s vacatur, including comments on the harm that
such a gap may cause.
ALSO: Students currently on 17-month extensions would be able to apply for
the balance of the 24-month extension, depending on how much time remained
in their current 17-month extension and the effective date of a final
regulation.
