Major changes to F-1 OPT rules
04/07/08

Last Friday April 4, 2008, the Department of Homeland Security (DHS) released preliminary changes to F-1 Optional Practical training (OPT) rules. The new rules will affect all F-1 students currently on OPT and all future OPT applicants. Some students will become eligible to extend their OPT from 12 months to 29 months (17-month extension). The new rules also involve stricter reporting requirements for all students on OPT.

OISS will host an open Town Hall meeting to discuss the new OPT rules:

Date: Friday- April 11, 2008
Time: 2:30-4:30 p.m.
Location: Room 103 Erickson Hall

17-Month OPT Extensions:
Applications for OPT extensions cannot be submitted at this time, as application procedures have not yet been finalized. There are two main criteria which limit the number of students who will be eligible for OPT extensions under the new rules:

1. STEM: Only students in the Science, Technology, Engineering and Mathematics (STEM) fields will be eligible to apply for this extension. STEM fields are defined as follows:
* Actuarial Science
* Computer Science
* Engineering
* Biological and Biomedical Sciences
* Mathematics & Statistics
* Military technologies
* Physical Sciences
* Science Technologies
* Medical Scientists

2. E-Verify: Only students working for employers who are enrolled in the E-Verify program will be eligible to apply. E-Verify is a free internet-based system operated by United States Immigration and Citizenship Services (USCIS) in partnership with the Social Security Administration, which determines new employee's eligibility to work. (like an electronic I-9 form)

H-1B Cap Gap:
An F-1 student on OPT whose employer has filed a timely application for an H-1B on the student's behalf will be able to stay in the U.S. and continue working between the OPT expiration date and the H-1B start date. This would apply to all students on OPT and not just those in STEM fields who are eligible for an extension.

Limited Periods of Unemployment to Maintain Status:

According to the new regulations during post-completion OPT, F-1 status is dependent upon employment. Students may not accrue an aggregate of more than 90 days of unemployment during any post-completion OPT. Students granted a 17-month OPT extension may not accrue an aggregate of more than 120 days of unemployment during the total 29-month OPT period.

Reporting Requirements while on OPT:

All students on OPT are required to report to the DSO:
* any change of name or address, or
* any interruption of employment.

In addition, students with an approved 17-month OPT extension must report to the student's Designated School Official (DSO) within 10 days of any change of:
* legal name
* residential or mailing address
* employer name
* employer address, and/or
* loss of employment.

Students with an approved extension must also make a validation report to the DSO every six months starting from 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-month 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 the DSO within 10 business days of each reporting date.

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OISS Town Hall Meeting on Changes in OPT Regulations
Date: Friday- April 11, 2008
Time: 2:30-4:30 p.m.
Location: Room 103 Erickson Hall

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