Bryant University. The Character of Success

Summary of New F-1 OPT Regulation

Effective April 8, 2008

This in an Interim Final Regulation before becoming final.

Current F-1 students in the U.S. are able to take advantage of the rule's new provision.  The following are highlights of the new rule:

  1. H-1B Cap Gap to Extend Status and Work Authorization until Oct 1
  2. Filing Deadline for OPT Applications Extended to 60 days following completion of Studies
  3. New  Reporting Requirements for all students while on OPT
  4. F-1 Status during post completion OPT is dependent on employment
  5. Maximum length of OPT extended to 29 months, but ONLY for certain STEM degree holders.  [STEM=Science, Technology, Engineering and Mathematics] 

1.   H-1B Cap Gap to Extend Status and Work Authorization until Oct 1

Duration of status and work authorization is extended for a student on post completion OPT, who is the beneficiary of a timely-filed H-1B petition requesting  employment start date of October 1 of the following fiscal year.  The extension of duration of status and work authorization would automatically terminate upon the rejection, denial, or revocation of the H-1B petition filed on the student's behalf. 

2.  Filing Deadline for OPT Applications Extended to 60 days following completion of Studies

Under the previous rule, the I-765 must be filed no later than the student's program end date.  Under the new rule, a student is able to file his or her I-765 between 90 days prior to his or her program end date and 60 days after his or her program end date, provided that it is filed within 30 days of the date the OPT recommendation was entered into SEVIS. 

3.   Reporting Requirements while on OPT

All students on OPT are required to report to the International Student Advisor within 10 business days of any changes:

  • any change of name or residential address
  • name and address of employer  
  • any change to the name and address of employer
  • any interruption of such employment

4.   F-1 Status during post completion OPT is dependent on employment

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 carried out under the initial post-completion OPT authorization. 

5.  Maximum length of OPT extended to 29 months, but ONLY for certain STEM degree holders.  [STEM=Science, Technology, Engineering and Mathematics]

The 12-month limit on F-1 OPT will be extended by 17 months, for a total of 29 months, for students holding degrees in the STEM (Science, Technology, Engineering, Mathematics) fields.

In addition to earning a degree in one of the STEM fields noted above, there are additional requirements for the 17-month extension – some requirements fall to the student to fulfill and others to the employer.

  • Student must be currently participating in a 12-month period of OPT, working for a U.S. employer in a job directly related to the student’s major area of study.
  • Student must have successfully completed a bachelor's, master's, or doctoral degree in a field on the DHS STEM Designated Degree Program List, from a SEVIS-certified college or university.
  • Student must have a job offer from an employer registered with the E-Verify employment verification system.
  • The student has not previously received a 17-month OPT extension after earning a STEM degree.
  • ICC  must recommend the 17-month OPT extension in SEVIS, after verifying the student's eligibility, certifying that the student's degree is on the STEM Designated Degree Program List, and ensuring that the student is aware of his or her responsibilities for maintaining status while on OPT.
  • Student will have to apply for the 17-month extension on Form I-765 with fee before the current EAD expires.
  • Students who timely file an application for the 17-month OPT extension will be able to continue employment while the extension application is pending, until a final decision on the I-765 or for 180 days, whichever comes first.
  • The employer must agree to report the termination or departure of the student to ICC or through "any other means or process identified by DHS." An employer must consider a worker to have departed when the employer knows the student has left employment, or if the student has not reported for work for a period of five consecutive business days without the employer's consent.
  • Student must report to ICC  within 10 days of any change of:
    • legal name
    • residential or mailing address
    • employer name and address
    • loss of employment.
  • Student must make a validation report to ICC every six months starting from the date the extension begins and ending when the student's F-1 status ends, 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. 
  • Student must not work in a paid position for any employer that is not an E-Verify employer.
  • Student must not have more than 120 days of unemployment time during the entire period of post-completion OPT (regular post-completion OPT and STEM extension OPT). 

Additional Resources

http://edocket.access.gpo.gov/2008/pdf/E8-7427.pdf