From the April 14, 2008 Edition of ISSS-BU
News New OPT Regulation Update
17-Month STEM OPT Extension
Late last week, the Department of Homeland Security announced that an updated version of SEVIS will be launched on Friday, April 18, and if all goes well, schools should be able to begin processing applications for the 17-month post-completion STEM OPT extension now permitted under new regulations beginning Monday, April 21, 2008.
In order to obtain a 17-month STEM extension of post-completion OPT, the applicant must have already graduated, obtained their initial 12-month period of OPT, and be employed. In addition, the applicant’s field of study must be in the one of the approved STEM fields, Science, Technology, Engineering and Mathematics. Please note that business curricula (including management information systems) as well as systems science, are not currently listed as approved STEM fields. Another key requirement is that the employer must be already registered in the Federal Government’s E-Verify employee verification system.
Currently, fewer than one percent of all US employers are registered in E-Verify. Four states have passed legislation mandating E-Verify be used by employers in the state – Georgia, Colorado, Oklahoma and Arizona.
Form I-765 Application for Employment Authorization
The Department of Homeland Security (DHS) has changed form I-765 to reflect the new OPT requirements. The new form is now required, and is available on the USCIS Web site at http://www.uscis.gov/files/form/I-765.pdf
The prior version of the form will be accepted only through May 8, 2008. The form and instructions have been changed to implement the new OPT regulations. Changes include:
- The eligibility code for an F-1 student seeking optional practical training (OPT) has been changed. The eligibility code (c)(3)(i) will no longer be used and has been replaced with the following three codes:
(c)(3)(A) for pre-completion OPT
(c)(3)(B) for post-completion OPT
(c)(3)(C) for a 17-month STEM OPT extension.
- Item 17 asks for information needed to process applications for the 17-month STEM OPT extension, including spaces for the degree conferred and the employer's E-Verify Company or Client Identification Number. Only those applying for the 17-month STEM OPT extension should complete item 17.
- The instructions to the form state that a student applying for the 17-month STEM OPT extension must also submit a “copy of your degree reflecting the conferred degree as well as your major field of study” with the application.
New DHS Q & A
Also DHS has updated its Q & A on the new regulation, which can be found at:
http://www.uscis.gov/files/article/OPT_4Apr08.pdf
ISSS Information
The ISSS has updated its OPT checklist to reflect some of the new requirements. The new version is available at:
http://isss.binghamton.edu/emp/opt_list.htm
Please see our previous article at:
http://isss.binghamton.edu/emp/newOPT08rule.html for full information on the new regulation.
Still to Come
USCIS will issue new operating instructions to schools describing the new OPT procedures on April 18. As additional information becomes available, it shall be posted to ISSS-BU News.