Download presentation
Presentation is loading. Please wait.
Published byJane Flowers Modified over 8 years ago
1
OPT STEM Extensions For F-1 Students University of Oklahoma International Student Services 729 Elm Ave., Room # 144 Norman, OK 73019 405-325-3337
2
OPT STEM Extension Definition Extension of temporary employment authorization granted by USCIS for practical training that is directly related to the student’s major area of study in a STEM field STEM – Science, Technology, Engineering, Math
3
New OPT STEM Rules In March 2016, DHS published amended F-1 nonimmigrant student regulations on OPT for certain students with STEM degrees from U.S. institutions of higher education. The amended regulation, which provides for an extension of the OPT period by 24 months (a OPT STEM extension), will go into effect on May 10, 2016. Depending on your situation, the new OPT STEM rule will affect you differently. Select your situation from the next slide to read more detailed information.
4
New OPT STEM Rules Type of Active OPTEAD Expiration Date Type of OPT STEM Eligibility Go To Slide: 2Active Post-Completion OPT After May 10, 2016 24-month OPT STEM Extension LINK TO SLIDE #5 3Active 17-Month OPT STEM After October 7, 2016 Additional 7-month OPT STEM Extension LINK TO SLIDE #9 There are now three types of OPT STEM extensions. The type of OPT STEM extension that you are eligible for depends on the type of OPT that you are currently engaged in and the expiration date of your current Employment Authorization Document. To continue, click the link to the slide that matches your situation.
5
Currently Engaged in Post-Completion OPT & EAD Card Expires AFTER MAY 10, 2016 Eligibility requirements: You are eligible to apply for 24-month OPT STEM if you apply after May 10. DHS will begin to accept and adjudicate applications for 24-month OPT STEM extensions on May 10, 2016. You can continue working for up to 180 days for the same employer in the same position while awaiting the new EAD.
6
Currently Engaged in Post-Completion OPT & EAD Card Expires AFTER MAY 10, 2016 More about eligibility: Complete all degree-required coursework in a STEM eligible field File the I-765 request for STEM extension before the 12 month OPT end date listed on the Employment Authorization Document. You can file up to 90 days before your OPT end date. If applying for STEM extension based on a previous degree type, must 1) not have already utilized a STEM extension period for the program of study for which you are applying for the extension, 2) have completed the degree within the last 10 years at an SEVP certified U.S. accredited institution, 3) be directly related to the previously obtained degree for which the extension is requested.
7
Currently Engaged in Post-Completion OPT & EAD Card Expires AFTER MAY 10, 2016 Example Scenario Omar Abdullahi is on OPT and his EAD card will expire on 7/1/2016. On 5/20/2016, he applied to USCIS for the 24-month STEM Extension. His request for a STEM Extension is approved on 8/25/2016 for 24 months.
8
You completed the eligibility section. Click HERE to continue to the next relevant slide.
9
Currently Engaged in 17-Month OPT STEM Extension Eligibility requirements: From May 10, 2016, through August 8, 2016, certain students currently on 17-month OPT STEM will have a limited window to apply for an additional seven months of OPT STEM to bring their total OPT STEM to 24 months. To qualify for this benefit, you must satisfy the following requirements: 150 calendar days remaining on EAD Timely filing of the 7-month extension Fulfill 24-month OPT STEM extension requirements
10
Currently Engaged in 17-Month OPT STEM Extension and EAD Expires BEFORE May 10, 2016 Unfortunately, you are not eligible to apply for the 7-month extension of your existing OPT STEM. This benefit only becomes available on May 10, and you must have applied for the benefit before the expiration of your current 17-month OPT STEM. You can remain inside the U.S., but not working for 60 days after the expiration of the EAD. You must depart on or before the 60th day. Example Scenario Sofia Herrera is on a 17-month OPT STEM Extension and her EAD card will expire on 5/1/2016. Because her current STEM Extension expires before 5/10/2016, and because she does not have a minimum of 150 days of OPT STEM authorization remaining, she is not eligible to apply for any additional STEM Extension.
11
Currently Engaged in 17-Month OPT STEM Extension and EAD Expires BETWEEN May 10, 2016 and October 7, 2016 Unfortunately, you are not eligible to apply for the 7-month extension of your existing 17-month OPT STEM. To qualify for this benefit, you must have at least 150 days remaining on your EAD card at the time of application. Students with EAD expiration dates between May 10, 2016 and October 7, 2016 will not have 150 days remaining. You can remain inside the U.S., but not working for 60 days after the expiration of the EAD. Must depart on or before the 60th day. Example Scenario Giang Nguyen is on a 17-month OPT STEM and his EAD card will expire on 9/15/2016. Even though his STEM Extension expires after 5/10/216, he does not have a minimum of 150 days of OPT STEM authorization remaining and is therefore not eligible to apply for any additional STEM Extension.
12
Currently Engaged in 17-Month OPT STEM Extension and EAD Expires AFTER October 7, 2016 You have the option to apply for the 7-month extension of your existing 17-month OPT STEM. To request this benefit, you must request a new I-20 after May 10, 2016 and file a new I-765 for the 7-month extension within 60 days of the DSO authorization. You must submit the I-765 request prior to August 8, 2016. To receive the 7-month extension, the student must meet all the requirements for the 24-month OPT STEM extension. This includes, but is not limited to, the submission of the completed and signed Form I- 983 to the International Student Services office. You can continue working for up to 180 days for the same employer in the same position while awaiting the new EAD. Example Scenario Zhang Li is on a 17-month OPT STEM and her EAD card will expire on 11/10/2016. On 8/1/2016, she applied to USCIS for the additional 7-month STEM Extension. His request for a STEM Extension is approved on 11/15/2016 for 7 additional months of OPT STEM.
13
E-Verify and self-employment What is E-Verify? In order to receive the OPT STEM extension, a student must pursue their practical training through an employer that is enrolled in USCIS' E-Verify employment eligibility verification program.E-Verify Self-employment F-1 students cannot qualify for OPT STEM extensions unless they will be bona fide employees of the employer signing the Form I-983 because F-1 students may not provide the employer attestation (i.e., signatures) on their own behalf. However, they may use a start-up business so long as all regulatory requirements are met. The employer that signs the Form I-983 must be the same entity that employs the student and provides the practical training experience.
14
Reporting Requirements It is your responsibility to provide changes in information to the ISS office. OU ISS is not responsible for you or your employer’s reporting responsibilities, nor for advising your employer of their reporting responsibilities. You must report your US employer, work address, and residential address every 6 months, or within 10 days of any change. You can do this on the ISS website HERE. If you change employers, your new employer must be enrolled in E-Verify, and you must submit a new I-983. You must report start and end dates of any period of unemployment while on OPT. More than 150 days of unemployment during OPT STEM extension period (from start date on OPT EAD card) will result in the loss of your F-1 status. This 150-day period includes any time of unemployment accrued during OPT, as well as OPT STEM.
15
Reporting Requirements (cont.) Your US employer must report to OU ISS within 48 hours if you have left their employment. Throughout your employment, you must submit self-evaluations through the Form I-983. Complete the first “Evaluation of Student Progress” portion within 12 months of your listed OPT STEM start date. At the end of the OPT STEM extension, you must conduct a second, final assessment. Once the evaluations are complete, collect signatures from your employer and return the form to ISS. We will keep it in your record.
16
Additional Resources If you have additional questions about the eligibility or reporting requirements, we recommend the following resources: Study in the States: https://studyinthestates.dhs.gov/stem-opt-hub NAFSA OPT STEM: http://www.nafsa.org/Find_Resources/Supporting_International_Students_And_Scholars/ISS_I ssues/STEM_OPT_Rulemaking/ USCIS 24 Month Extension Guidance: https://www.uscis.gov/working-united-states/students-and-exchange-visitors/students-and- employment/stem-opt
Similar presentations
© 2024 SlidePlayer.com. Inc.
All rights reserved.