Some students will get shunted out from extension.
AB Wire
The new Department of Homeland Security (DHS) rule to extend the Optional Practical Training (OPT) period to three years for STEM (Science, Technology, Engineering, Math) graduate students on an F-1 visa studying at US educational institutions come with several caveats which may shunt out some from benefiting from it.
One of the rules – which takes effect from May 10, 2016 – that may hit hard some current STEM students on OPT is that to avail of the extension, existing OPT grants must have at least 150 days remaining before seeking a further extension under the new rule.
Previously, the maximum OPT period for STEM degree holders was 29 months, upon graduation. The new rule effectively means that any F-1 visa student whose current STEM OPT grant expires before October 7, 2016, will not receive a further extension under the new DHS rule.
Also, students whose STEM OPT period ends before May 10, 2016, will not be able to seek an extension under the final rule, although they may continue to benefit from their current STEM OPT grants.
The new rule also creates new attestation requirements for employers of STEM OPT holders, including the creation and maintenance of a detailed “individualized training plan” on a new Form I-983, according to the law firm Morgan, Lewis & Bockius LLP.
Because STEM OPT extensions will be sought through filing an I-765 application for an Employment Authorization Document (EAD), it is unclear how US Citizenship and Immigration Services plans to reconcile the 150-day limitation with its current requirement that EAD renewal applications be filed no earlier than 120 days before the existing EAD’s expiration. Presumably, some guidance on this conflict will be forthcoming, says Morgan, Lewis & Bockius LLP.