Today, US Department of Homeland Security (DHS) published a final rule of Optional Practical Training (OPT) program which replaces the existing 2008 interim final rule regarding OPT for F-1 nonimmigrant students who have obtained a STEM degree. The final rule will take effect on May 10, 2016.
According to the news leases issued by ICE on March 9, 2016, the final rule lengthens the STEM OPT extension from 17 months to 24 months. Additionally, the final rule also includes the following enhancement and protections:
- Only students who earned a degree from a school accredited by a U.S. Department of Education-recognized accrediting agency and certified by SEVP may apply for a STEM OPT extension.
- Participating students who receive an additional qualifying degree fom an accredited college or university can apply for a second STEM OPT extension.
- Participating students can use a previously-earned qualifying degree to apply for a STEM OPT extension. The prior degree must not have already formed the basis of a STEM OPT extension and must be from a school that is both accredited by a U.S. Department of Education-recognized accrediting agency and certified by SEVP at the time of the student's STEM OPT application. The student's most recent degree must also be from an accredited and SEVP-certified institution.
- Employers participating in STEM OPT must incorporate a formal training program that includes concrete learning objectives with proper oversight.
- Employers and students must report material changes in their training program.
- To guard against adverse effects on U.S. workers, terms and conditions of a student's training opportunity – such as duties, hours, and compensation – must be on par with U.S. workers in similar positions in the same geographic area of employment. Additionally, the student must not replace a full-time, part-time, temporary or permanent U.S. worker.
- Students must work a minimum of 20 hours per week per employer to qualify.
- Students are permitted a limited period of unemployment during the initial period of post-completion OPT and the STEM OPT extension.
- All STEM OPT employers must participate in DHS' E-Verify program.
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