WASHINGTON─ The U.S. Department of Homeland Security released today an interim final rule extending the period of Optional Practical Training (OPT) from 12 to 29 months for qualified F-1 non-immigrant students. The extension will be available to F-1 students with a degree in science, technology, engineering, or mathematics who are employed by businesses enrolled in the E-Verify program.

 

條件要求：To be eligible for an OPT extension, an F-1 non-immigrant student must:

1. Currently be participating in a 12-month period of approved post-
completion OPT;

2. Have successfully completed a degree in science, engineering, technology, or mathematics (STEM) included in the DHS STEM Designated Degree Program List from a college or university certified by the U.S. Immigration and Customs Enforcement’s Student and Exchange Visitor Program; More specifically, to be eligible for the 17-month OPT extension, a student must have received a STEM degree in one of the following:

* Actuarial Science.
* Computer Science Applications.
* Engineering.
* Engineering Technologies.
* Life Sciences.
* Mathematics.
* Military Technologies.
* Physical Sciences.

3. Be working for a U.S. employer in a job directly related to the student's major area of study;

4. Be working for, or accepted employment with, an employer enrolled in U.S. Citizenship and Immigration Services¡¦ E-Verify program. E-Verify is a free, internet-based system operated in partnership with the Social Security Administration that helps employers to determine the employment eligibility of newly-hired employees; and

5. Properly maintain F-1 status.

 

如何申請：F-1 students in STEM (Science, Technology, Engineering, Mathematics) fields and granted initial post-completion OPT are now eligible to apply for a one-time extension for 17 additional months, a maximum of 29 months.

1. STEM students need to file form I-765. The form is being amended to capture information needed to determine student eligibility.

2.  F-1 students file timely (at least 90 days prior) for a STEM extension may continue employment while the application is pending until a final decision from USCIS, or 180 days,whichever comes first.

Approved extensions allow for students to remain working for the
STEM employer on the new EAD. If denied, the student must make preparations to depart or transfer to another school to continue studying.

 

These F-1 students who do need a lawyer to prepare and file the OPT extension application can contact [email protected].

"This rule will enable businesses to attract and retain highly skilled
foreign workers,giving U.S. companies a competitive advantage in the world economy," said Homeland Security Secretary Michael Chertoff. " By extending the training period by an additional 17 months to students who are employed by businesses enrolled in E-Verify, we are further ensuring a legal workforce in the U.S. and aiding good corporate citizens."

 

Another aspect of the rule responds to the situation in which an F-1 student's status and work authorization expires before he or she can begin employment under the H-1B visa program. The interim final rule addresses this problem by automatically extending the period of stay and work authorization for all F-1 students with pending H-1B petitions.

 

The rule will also implement certain programmatic changes, including
allowing students to apply for OPT within 60 days of graduation.