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New 24-Month Rule for STEM OPT Extension

The Department of Homeland Security has announced the new STEM OPT rule which went into effect May 10, 2016. This rule does not affect the regular 12-month post-completion OPT. We encourage you to visit the new OPT STEM Extension Hub on the website for full details of the new rule. Below is a summary of the major changes which became effective May 10, 2016:

  • The STEM extension period has been extended from 17-months to 24-months.
  • Form I-983 Training Plan for STEM OPT Students is required to be completed by both the employee and the employer. The purpose of this plan is to identify learning objectives and a plan for achieving those objectives. Any material modifications to or deviations from the Training Plan require that a modified Training Plan be filed with the DSO at the earliest available opportunity.
  • An annual self-evaluation is required every 12 months during the STEM OPT extension period.
  • Students are eligible for a maximum of two STEM OPT extensions per lifetime upon completing two qualifying STEM degrees at different educational levels. Degrees must be from accredited institutions.
  • STEM extension may be based on the most recent degree or on a previous degree if it was conferred by an accredited institution in the U.S. within last 10 years (excluding a degree that has already been the basis for a STEM OPT extension). A student must be in an authorized period of post-completion OPT to qualify for OPT STEM extension.
  • The maximum days of unemployment have been extended from 120 to 150 days during the entire 36-month OPT period. Unemployment for 12-month OPT is still limited to 90 days.
  • STEM OPT employment may not be in a volunteer capacity. You must receive compensation and it must be equal to what an American worker would receive for the same work.
  • STEM OPT extensions must involve a bona fide employer-employee relationship. Students cannot qualify for the extension unless they will be bona fide employees of the employer signing the Training Plan, and the employer that signs the Training Plan must be the same entity that employs the students and provides the practical training experience. Students may be employed by start-up businesses but may not provide employer attestations on his or her own behalf.
  • The rule authorizes DHS to make site visits to employers to ensure compliance with Form I-983.

Many provisions remain unchanged from the 2008 Interim Final Rule (IFR)

  • To be eligible for OPT extension, a student must have an offer of employment from a company that is a registered user of E-Verify.
  • STEM OPT employment must be directly related to the student鈥檚 qualifying STEM degree.
  • The STEM extension application must be submitted to USCIS before the student鈥檚 current OPT EAD expires.
  • A student with thesis or project still remaining still qualifies for the STEM OPT extension.
  • The student is responsible for submitting a validation report to the school every six months confirming biographical, residential, and employment information.
  • Students and employers are required to report any changes in employment to the school within five days (previously 48 hours).
  • A student with a pending STEM OPT extension application may continue to work up to 180 days beyond the expiration of their previous EAD.
  • An automatic cap-gap extension of OPT is available to any student with a valid EAD at the time a cap-subject H-1B petition is timely filed.
  • A student with STEM OPT authorization may work more than one employer as long as each employer full complies with the requirements of the rule and employs the students for no less than 20 hours per week.