Categories International

United States OPT STEM Extension

1. What is the OPT STEM Extension?

The OPT STEM Extension allows eligible F-1 students with STEM degrees to extend their Optional Practical Training (OPT) period in the United States for an additional 24 months beyond the initial 12-month OPT period. This extension is designed to provide STEM graduates with more time to gain practical work experience in their field of study. To be eligible for the STEM extension, students must have a degree in a qualifying STEM field from an accredited U.S. institution, work for an E-Verify participating employer, and submit a Form I-983 training plan endorsed by their employer. The OPT STEM Extension is a valuable opportunity for STEM graduates to further their skills and knowledge in the U.S. workforce.

2. Who is eligible for the OPT STEM Extension?

Individuals who are eligible for the OPT STEM Extension in the United States are international students who have completed a Bachelor’s, Master’s, or Doctoral degree in a STEM (Science, Technology, Engineering, or Mathematics) field from a Student and Exchange Visitor Program (SEVP)-certified school. To be eligible, the student must currently be on approved post-completion Optional Practical Training (OPT) and have a job or job offer from an employer enrolled in the E-Verify system that is directly related to their STEM field of study. Additionally, the employer must provide the student with formal training and learning objectives during the STEM extension. It’s important for eligible students to timely apply for the OPT STEM Extension before the expiration of their initial OPT period to continue working in the United States legally.

3. How long is the OPT STEM Extension valid for?

The OPT STEM Extension is valid for a total period of 24 months. This extension allows international students with degrees in select STEM (Science, Technology, Engineering, Mathematics) fields to work in the United States for an additional 24 months beyond their initial 12-month OPT period. To qualify for the OPT STEM Extension, students must work for an employer enrolled in E-Verify, their jobs must be directly related to their STEM degree, and they need to meet other specific eligibility criteria. It is important to note that to maintain legal status, students on the OPT STEM Extension must report changes of their employment status, residence address, and other crucial information to their designated school official (DSO) within specified timeframes.

4. Can the OPT STEM Extension be renewed?

Yes, the OPT STEM Extension can be renewed for an additional 24 months, as long as the student meets all the eligibility requirements. To be eligible for a STEM extension, the student must have earned a bachelor’s, master’s, or doctoral degree in a qualifying STEM field from an accredited U.S. institution that is certified by the Student and Exchange Visitor Program (SEVP). The student must also be employed by an E-Verify participating employer and have a job directly related to their STEM degree. Additionally, the student must have not already received a STEM extension in the past. If the student meets all these requirements, they can apply for a one-time 24-month extension of their OPT period.

5. What are the reporting requirements during the OPT STEM Extension?

During the OPT STEM Extension period, there are several reporting requirements that students must adhere to:

1. Regular Reporting: Students are required to report any changes in their legal name, residential or mailing address, employer name, employer address, and changes in employment status within 10 days of the change.

2. Validation Reports: Students on the OPT STEM Extension must submit a validation report every 6 months to their Designated School Official (DSO) to confirm their personal and employment information is up to date and accurate.

3. Employer Validation Reports: Students are also required to submit an employer validation report to verify the details of their STEM employment, such as job title, employer name, employer address, and employer identification number (EIN).

4. Evaluation of Student’s Progress: DSOs may conduct periodic evaluations of a student’s progress to ensure that they are meeting the program requirements and maintaining a valid status.

5. Closing Reporting: Upon completion of the OPT STEM Extension, students must report to their DSO within 10 days to confirm the end of their STEM extension period.

Failure to comply with these reporting requirements can result in termination of the OPT STEM Extension authorization. It is essential for students to stay informed about these obligations and make sure to fulfill them in a timely manner to maintain their legal status in the United States.

6. Can I change employers during the OPT STEM Extension?

Yes, you can change employers during the OPT STEM Extension period. However, there are certain procedures and requirements that need to be followed:

1. Notify your current Designated School Official (DSO) about the planned employer change before starting work with the new employer.

2. Ensure that the new employer is an E-Verify employer and that the job is directly related to your field of study.

3. Update your Form I-983 training plan with the new employer’s information and obtain a new Form I-20 reflecting the employer change.

4. Maintain a record of all previous and current employers, including the dates of employment and job titles, in case of future immigration queries.

By following these steps and adhering to the regulations set forth by the U.S. Citizenship and Immigration Services (USCIS), you can successfully change employers during your OPT STEM Extension without jeopardizing your legal status in the United States.

7. Are there any restrictions on the type of work I can do during the OPT STEM Extension?

During the OPT STEM Extension, there are certain restrictions on the type of work that you can engage in. These restrictions are in place to ensure that the employment is directly related to your field of study.

1. The work you do during the OPT STEM Extension must be in a role that is related to your STEM degree that you obtained. This means that the job must align with the knowledge and skills you gained during your academic program.

2. Additionally, the employment must be with an employer who is enrolled in the E-Verify program, which is a system used by the U.S. government to verify the employment eligibility of workers. It is important to ensure that your employer is in compliance with this requirement.

3. You are also required to work a minimum of 20 hours per week to maintain your F-1 status during the OPT STEM Extension period. It is important to adhere to this requirement to avoid any potential issues with your immigration status.

4. Lastly, it is essential to report any changes in employment to your designated school official (DSO) to ensure that you are in compliance with the regulations governing the OPT STEM Extension program.

By following these restrictions and guidelines, you can make the most of your OPT STEM Extension period while staying in compliance with the regulations.

8. What happens if my OPT STEM Extension application is denied?

If your OPT STEM Extension application is denied, there are several potential consequences:

1. You may be required to cease employment immediately, as your work authorization would no longer be valid after the denial.

2. Your eligibility to remain in the United States may be affected, as your legal status could be at risk if you were relying on the OPT STEM Extension for your lawful presence.

3. You may have the option to appeal the denial or reapply for the OPT STEM Extension, depending on the reason for the denial and the specific circumstances of your case.

4. It is crucial to carefully review the denial notice for any specific instructions or reasons provided by the U.S. Citizenship and Immigration Services (USCIS) and to consider seeking legal counsel or advice from your designated school official (DSO) for guidance on next steps.

9. Can I travel outside of the U.S. during the OPT STEM Extension?

Yes, you can travel outside of the United States during your OPT STEM Extension, but there are certain rules and considerations to be aware of:

1. Travel Signature: Before leaving the U.S., you must have a valid travel signature on your Form I-20 from your Designated School Official (DSO) within the last six months.

2. Employment: Your employment must be directly related to your field of study, and you must have a job or job offer while traveling. You should also have your Employment Authorization Document (EAD) card and a letter from your employer verifying your job or job offer.

3. Duration: While on the OPT STEM Extension, you are allowed a maximum of 150 days of unemployment. Any time spent outside the U.S. during your OPT period does not count towards this 150-day limit.

4. Re-entry: When re-entering the U.S., you will need your valid passport, F-1 visa, Form I-20 with a valid travel signature, EAD card, and a letter from your employer confirming your job or job offer.

5. Risks: Traveling outside the U.S. during OPT can have risks, such as potential delays in returning, issues at the port of entry, or difficulties proving ties to the U.S. Therefore, it is important to plan your travel carefully and ensure you have all necessary documentation.

10. What are the steps to apply for the OPT STEM Extension?

To apply for the OPT STEM Extension in the United States, you must follow these steps:

1. Eligibility Check: Ensure that you are eligible for the STEM OPT Extension. This includes having a STEM degree from an accredited U.S. institution and working for an employer enrolled in E-Verify.

2. Prepare Form I-765: Complete and submit Form I-765, Application for Employment Authorization, to USCIS. Make sure to indicate that you are applying for the STEM OPT Extension.

3. Form I-20 Update: Obtain a new Form I-20 from your Designated School Official (DSO) endorsing your STEM OPT Extension request.

4. Prepare Supporting Documents: Gather required documents such as your current EAD card, Form I-94, passport, recent I-20, STEM degree transcript, and any other specific documents requested by USCIS.

5. Submit Application: Mail your complete application package to USCIS within the appropriate timeframe. Make sure to include the required fee and supporting documents.

6. Waiting Period: Wait for USCIS to process your application. This may take a few weeks to several months.

7. Reporting Requirements: Once approved, maintain compliance with the reporting requirements of the STEM OPT Extension, such as reporting changes in employment, address, and status.

Remember that each case may have unique circumstances, so it is recommended to consult with your DSO or an immigration attorney for guidance throughout the application process.

11. How long does it take to process the OPT STEM Extension application?

The processing time for the OPT STEM Extension application can vary depending on various factors such as the current workload at the United States Citizenship and Immigration Services (USCIS), the completeness of the application, and any additional documentation that may be required. On average, it typically takes around 90 days for USCIS to process an OPT STEM Extension application. However, this timeframe can fluctuate, and applicants are advised to submit their applications well in advance of their current OPT expiration date to allow for any potential delays. Additionally, USCIS offers the option for applicants to request expedited processing in certain circumstances, but this is granted at the discretion of the agency and is not guaranteed.

12. What is the difference between the regular OPT and the OPT STEM Extension?

The main difference between the regular OPT (Optional Practical Training) and the OPT STEM Extension lies in the duration of employment authorization and eligibility criteria.

1. Duration: Under the regular OPT, international students are eligible for up to 12 months of work authorization. In contrast, the OPT STEM Extension allows eligible students in science, technology, engineering, and mathematics (STEM) fields to extend their OPT for an additional 24 months, totaling to a maximum of 36 months of work authorization.

2. Eligibility Criteria: To qualify for the regular OPT, students must have completed at least one academic year of full-time study in an eligible program and can apply for OPT before completing their program or within 60 days after graduation. For the OPT STEM Extension, students must have earned a qualified STEM degree from an accredited U.S. institution and work for an employer enrolled in the E-Verify program. Additionally, the employer must provide a formal training and learning objectives plan to support the extension.

Overall, the OPT STEM Extension provides STEM graduates with an extended period to gain valuable work experience in the United States, enhancing their career prospects and increasing opportunities for further employment or potential immigration pathways.

13. Can I apply for a green card while on the OPT STEM Extension?

Yes, you can apply for a green card while on the OPT STEM Extension. However, there are certain factors to consider before doing so.

1. Employment-Based Green Card: You may be eligible to apply for a green card through an employment-based immigrant visa category. This typically involves your employer sponsoring you for a green card, and meeting certain requirements such as a labor certification process.

2. Adjustment of Status: To apply for a green card while on OPT STEM Extension, you usually need to apply for Adjustment of Status within the United States. This process allows you to change your nonimmigrant status to that of a lawful permanent resident.

3. Dual Intent: The OPT STEM Extension is considered a temporary status, but having dual intent may still allow you to pursue a green card application while on this visa. This means you can have the intention of obtaining a green card while maintaining your nonimmigrant status.

4. Legal Assistance: It is highly recommended to seek legal guidance from an experienced immigration attorney when considering applying for a green card while on the OPT STEM Extension. They can help assess your eligibility, provide guidance on the process, and ensure all requirements are met to maximize your chances of success.

14. Is there a limit to how many times I can apply for the OPT STEM Extension?

Yes, there is no limit to how many times you can apply for the OPT STEM Extension as long as you meet the eligibility requirements each time you apply. However, it’s important to note that you can only apply for the OPT STEM Extension twice during your academic career. This means that you can apply for the 24-month STEM Extension once after completing your initial period of 12 months of OPT, and then apply for it again after completing another qualifying degree at a higher level. Make sure to carefully follow the application procedures and maintain your F-1 status to be able to apply for the OPT STEM Extension successfully each time.

15. Can I pursue further education while on the OPT STEM Extension?

Yes, you can pursue further education while on the OPT STEM Extension. However, there are a few important points to consider:

1. Full-time enrollment: If you plan to pursue further education, you must maintain full-time enrollment to remain compliant with the OPT regulations.

2. Reporting requirements: You must report any changes in your educational status, such as starting a new program or transferring to a different institution, to your Designated School Official (DSO) within 10 days.

3. Work limitations: While you can study on the OPT STEM Extension, your primary purpose for being in the U.S. should still be to gain practical training in your field of study. Be mindful of the limitations on the number of hours you can work per week if you choose to work while studying.

4. Travel considerations: If you plan to travel outside the U.S. while pursuing further education, you should consult with your DSO to ensure your travel plans align with your OPT STEM Extension requirements.

Overall, pursuing further education on the OPT STEM Extension is possible but requires careful planning and adherence to all relevant regulations to avoid jeopardizing your immigration status.

16. What happens if I cannot find a job during the OPT STEM Extension period?

If you cannot find a job during your OPT STEM Extension period, there are a few options you can consider:

1. Unemployment Period: You are allowed a grace period of up to 60 days of unemployment during your entire OPT period (including the initial 12-month OPT and the 24-month STEM extension). During this time, you can continue to stay in the U.S. and look for a job.

2. Departure from the U.S.: If you are unable to secure employment within the 60-day grace period, you may have to consider departing the U.S. before the grace period expires to maintain your legal status.

3. Change of Status: You might explore other visa options, such as transferring to a different visa status or enrolling in a new program of study to maintain lawful status in the U.S.

It’s essential to consult with your designated school official (DSO) for guidance on your specific situation and to understand any implications on your visa status. Remember to keep your DSO updated on your job search efforts and any changes in your employment status.

17. Can I start my own business on the OPT STEM Extension?

Yes, you can start your own business on the OPT STEM Extension, but there are certain factors and regulations you should take into consideration:

1. Maintain your employment: The primary purpose of the OPT STEM Extension is to provide practical training in your field of study. Therefore, your business activities should be directly related to your STEM field.

2. Self-employment restrictions: While you can start your own business, there are restrictions on self-employment. Your business should be registered and you should be actively engaged in running and managing it.

3. Reporting requirements: Ensure that you report any changes to your employment status, including starting your own business, to your designated school official (DSO) to maintain compliance with the OPT regulations.

4. Duration limitations: Remember that your OPT STEM Extension is granted for a specific duration, so make sure your business activities align with the timeframe of your extension.

It’s advisable to consult with an immigration attorney or your DSO to understand the specific guidelines and requirements related to starting your own business on the OPT STEM Extension.

18. Are there any financial requirements for the OPT STEM Extension?

Yes, there are specific financial requirements for the OPT STEM Extension in the United States.

1. Proof of employment: To be eligible for the OPT STEM Extension, students must have a job or job offer from an employer enrolled in the E-Verify program. This employment is crucial as it demonstrates the ability to financially support oneself during the extension period.

2. Compensation: Students must be paid a salary that meets the prevailing wage for their occupation in the geographic area where they will be working. This ensures that the student is financially stable during the extension period.

3. Maintaining sufficient funds: It is also important for students to have enough financial resources to cover any unforeseen expenses, as the OPT STEM Extension does not provide any government assistance or financial aid.

Overall, demonstrating financial stability and meeting the necessary requirements regarding employment and compensation are essential aspects when applying for the OPT STEM Extension in the United States.

19. Can I work part-time during the OPT STEM Extension?

Yes, you can work part-time during your OPT STEM Extension period. As an F-1 student with an approved STEM OPT extension, you are allowed to work part-time (at least 20 hours per week) or full-time for an employer enrolled in E-Verify. It is important to ensure that your employment is directly related to your field of study and that you report any changes in employment or address to your designated school official. Additionally, you are required to submit regular updates on your employment status through the Student and Exchange Visitor Information System (SEVIS) to maintain your immigration status. Working part-time during your OPT STEM Extension can provide valuable work experience while maintaining your legal status in the United States.

20. What are the consequences of not complying with the rules of the OPT STEM Extension?

Not complying with the rules of the OPT STEM Extension can have serious consequences for international students in the United States. Some of the key repercussions include:

1. Termination of Status: Failure to comply with the OPT STEM Extension regulations can lead to the termination of your legal status in the U.S., jeopardizing your ability to remain in the country.

2. Unlawful Presence: Violating the terms of your OPT STEM Extension can result in accruing unlawful presence in the U.S., which can have long-term immigration implications, such as bars to reentry or future visa applications.

3. Ineligibility for Benefits: Non-compliance may render you ineligible for future immigration benefits or opportunities, such as applying for other visa categories or adjusting your status to permanent residency.

4. Legal Consequences: Serious violations of OPT STEM regulations may result in legal actions, fines, or even deportation, depending on the severity of the non-compliance.

It is crucial for international students on OPT STEM Extension to adhere to the rules and reporting requirements to ensure a smooth continuation of their stay in the U.S. Failure to comply can have severe and lasting consequences on your immigration status and future opportunities.