US extends work eligibility for STEM students to 3 years: New rules decoded

Good news for international students in STEM fields! The US Citizenship and Immigration Services (USCIS) announced on August 27, 2024, that it has updated its policy guidelines for Optional Practical Training (OPT) specifically for international students in Science, Technology, Engineering, and Mathematics fields. The new guidelines, which are effective immediately, include key clarifications and adjustments to existing policies, impacting thousands of students currently in the United States or planning to study there.

The US Citizenship and Immigration Services (USCIS) has updated its policy guidelines for optional practical training (OPT) for international students in the Science, Technology, Engineering, and Mathematics (STEM) fields. These updates, effective from August 27, 2024, bring clarity and new opportunities for students aspiring to work in the US after their studies.

 

Extended OPT duration for STEM students

If you're an international student in a STEM field, you can now enjoy up to three years of OPT, compared to just one year for students in other fields, according to USCIS. This gives you more time to gain valuable work experience in the US.

What about distance learning?

The new guidelines clarify that you can include up to three online credits per term towards your full course of study requirement without violating your F1 visa terms. This means you have some flexibility in your learning approach, even if you're taking courses online.

Eligibility for OPT after an associate’s degree

The updated policy now confirms that you can be eligible for post-completion OPT, just like students completing bachelor’s, master’s, or doctoral degrees. This opens up more opportunities for those completing shorter, two-year programmes.

Transferring between schools

If you need to transfer between schools, the new policy allows you to do so, provided both institutions are certified by the Student and Exchange Visitor Program (SEVP). Whether you're switching study streams or moving to a higher education level, the process is now clearer and more straightforward.

Important points to remember

60-day grace period

After completing your OPT, you have a 60-day grace period during which you can change your education level, transfer to another SEVP-certified school, or apply for a different visa status. Employers can also sponsor your H-1B visa during this period, though it’s important to note that the H-1B process involves a lottery system.

Applying for OPT extensions

You can apply for a STEM OPT extension up to 90 days before your current employment authorisation expires.

Study abroad programmes

If you're part of a study abroad programme lasting less than five months, you can remain active in the Student and Exchange Visitor Information System (SEVIS). For longer programmes, you'll need a new Form I-20.

What you need to do for a STEM OPT extension

To qualify for the 24-month STEM OPT extension, you need to:

* Have a valid period of post-completion OPT.

* Have earned a qualifying STEM degree from a school accredited by a US Department of Education-recognised agency.

* Work for an employer enrolled in E-Verify.

Previously obtained STEM degrees

If you're currently on OPT with a non-STEM degree but previously earned a STEM degree, you may be eligible for a STEM OPT extension based on that earlier degree.

Future STEM degrees

Planning to pursue further education? If you earn another STEM degree at a higher level, you can apply for another 24-month OPT extension. For example, if you've already used an extension for a bachelor’s degree and then earn a master’s degree, you can apply for an additional extension.

Employer responsibilities

Employers offering practical training to STEM OPT students must:

* Be enrolled in E-Verify.

* Report material changes to the student’s employment status.

* Implement a formal training programme aligned with the student’s academic learning.

* Ensure the OPT opportunity is similar to those offered to U.S. workers in terms of duties, hours, and pay.

Unemployment during OPT

You are allowed up to 90 days of unemployment during your initial OPT period. If you're on the 24-month STEM extension, you can have an additional 60 days, making it a total of 150 days.

If you're applying for an extension, remember to file:

Form I-765 with the correct fee.

Your employer’s E-Verify details.

Form I-20, endorsed by your DSO within the last 60 days.

A copy of your STEM degree.

If you apply on time, your employment authorisation will be automatically extended for 180 days while your application is pending.

If you receive a STEM OPT extension, you must report any changes in your legal name, address, or employment details to your DSO within 10 days. Even if there are no changes, you still need to confirm your information every six months.