Understanding the Changes in STEM OPT Extensions in the United States
The government of the United States has seen various changes in its regulations regarding Optional Practical Training (OPT) extensions, particularly in the STEM fields. On May 10, 2016, significant changes were made to the regulations governing the application process. This article aims to provide detailed information to help international students understand the impact of these changes on their STEM OPT Extension eligibility.
The Reason Behind the Regulation Changes
On May 10, 2016, the USCIS (United States Citizenship and Immigration Services) released a document updating the regulations for STEM OPT extensions. The reason behind this change is to tighten the criteria and ensure that the OPT extension benefits the highly skilled workforce in STEM fields. As an international student, it's important to familiarize yourself with these changes to avoid any complications in your application process.
Current Regulations Before May 10, 2016
For a detailed understanding, it's crucial to refer to the regulations that were in effect before May 10, 2016. The information can be found on the USCIS webpage. Students who are seeking to apply for the 24-month STEM OPT extension need to meet specific criteria, and these criteria are different from those required before the changes were implemented.
Different Scenarios for Applying for the 24-month STEM OPT Extension
Scenario 1: Students Currently on Post-Completion OPT
Students who are currently on post-completion OPT and wish to apply for the 24-month STEM Extension after May 10, 2016, should follow the new regulations. Eligible students can only apply if they meet all the following criteria:
They have already been approved for 12 months of post-completion OPT. The degree they earned was in a STEM field within the last 10 years and is on the U.S. Government's official list. Their current job is directly related to their field of study. Their employer is enrolled in the U.S. Government's E-Verify program.Scenario 2: Students with an Approved 17-month STEM Extension on May 10, 2016
For students who had an approved 17-month STEM extension on May 10, 2016, the extension continues to be valid only if they continue to meet the same criteria mentioned above. Any change in job, employer, or eligibility would require a new application process.
Scenario 3: Students with a Pending 17-month STEM Extension Application on May 10, 2016
For those students who had a pending application for a 17-month STEM extension on May 10, 2016, the regulations changes might impact their application. It's important to refer to the USCIS guidelines to understand the new requirements and how they affect the pending application.
General Information
Other general information to remember about the 24-month OPT extension is:
STEM OPT Definition: Practical work experience in your field of study typically after completion of a degree for a maximum of 36 months—12 months of regular OPT, with a possible 24-month extension. List of STEM Fields: Students can verify if their degree is eligible in a STEM field by checking the code on their I-20 form’s ‘Primary Major’ and comparing it with the list of CIP codes (Career Fields of Study) on the DHS website. Eligibility Criteria: Four criteria must be met for a student to be eligible for the 24-month OPT extension: having been approved for 12 months of post-completion OPT, having earned a bachelor’s or higher degree in a STEM field from the last 10 years, having a job directly related to their field of study, and working for an E-Verify enrolled employer.Impact on Employment and Academic Plans
The changes in regulations can significantly impact international students' employment and academic plans. Extending the OPT period can provide valuable work experience, enhancing their job prospects in STEM fields. However, the new regulations also require rigorous compliance with the criteria, which may not be feasible for all students. Therefore, it's important for students to carefully review the new regulations and consider their current employment and future career goals.
Seeking Professional Advice
To ensure a smooth application process and a higher chance of approval, consulting with an experienced immigration attorney or counselor can be beneficial. They can provide personalized advice based on each individual's unique situation and help mitigate potential risks.
Conclusion
The changes to the STEM OPT extension regulations reflect the government's commitment to supporting highly skilled workers in STEM fields. Understanding these changes can help international students navigate the application process more effectively. Regardless of your current status or eligibility, staying informed and adhering to the new regulations is crucial for secured employment and academic success.