Changes to OPT regulations effective April 8, 2008
The Department of Homeland Security has published a new rule regarding Optional Practical Training (OPT). This rule became effective as of April 8, 2008. The following outlines the basic changes to OPT regulations.
Important: This page will be updated soon as the International Programs Office works to implement procedural changes necessary for students to benefit from this new rule.
OPT extension to 29 months for STEM students:
This means that students who graduate with a STEM (Science, Technology, Engineering or Mathematics) degree have the one-time opportunity to extend their OPT for 17 months beyond the initial 12 months for a total of 29 months. The degrees at ISU that qualify as a STEM degree are at http://www.isu.edu/iso/immigration/offCampus-STEM.shtml.
To be eligible for this extension:
- You must be on OPT and working at time of application.
- You must have a degree in a field on the DHS STEM Designated Degree Program List. Click here for a list of ISU degrees on the STEM list.
- Your employer or potential employer must be registered with E-Verify.
- You must have not been previously authorized for a 17-month extension.
To apply for the extension, you will go through the same process as when you first applied for OPT. Attached is our updated checklist for applying for OPT. Following are additional requirements:
- You must apply prior to the expiration of your current OPT card and no earlier than 90 days before the expiration of your current OPT card.
- You will file the new updated I-765. The code for extension applications is (c) (3) (C). You will have to pay the $340 application fee.
- For extensions only, you will be able to continue employment while the extension application is pending, until a final decision on the I-765 is made or for 180 days, whichever comes first.
The employment authorization period for the 17-month OPT extension begins on the day after the expiration of the initial post-completion OPT employment authorization, and ends 17 months later, regardless of the date the actual extension is approved.
H-1B cap-gap extension of status and work authorization
If you are on OPT and had timely filed an H-1B application, your F-1 status AND your employment authorization will automatically be extended beyond your OPT end date until a decision is made on your application for H-1B. No extension request is necessary.
New filing window for applying for OPT
- A standard application for OPT may be filed no earlier than 90 days before the program end-date and may be filed up to 60 days after the program end-date.
- The application must be filed within 30 days from the day ISU issues you a new I-20 with the OPT recommendation.
- Applications for the 17-month STEM extension must be filed before the current OPT card expires.
New reporting requirements while on OPT
Students must report the following while on OPT:
- any change of name or address, or
- any interruption of such employment
Additionally for those on 17-month extension:
- Change of:
- legal name
- residential or mailing address
- employer name
- employer address, and/or
- loss of employment
- Report to ISU every 6 months confirming your name, address, employers name and address, and/or loss of employment. This must be done even if there are no changes. It is a confirmation.
Unemployment will now affect your status!
- No student on the standard post-completion OPT may accrue more than 90 days of unemployment during those initial 12 months.
- Students granted the 17-month extension may not accrue an aggregate of more than 120 days of unemployment during the total 29-month OPT period.
Other Resources:
NAFSA
E-Verify Information
Federal Register