Clarification of STEM OPT Extension Reporting Responsibilities and Training Obligations

STEM guysCertain F-1 students who receive science, technology, engineering, and mathematics (STEM) degrees may apply for a 24-month extension of their post-completion optional practical training (OPT).  On August 17, 2018, USCIS updated the Optional Practical Training Extension for STEM Students (STEM OPT) page of its website to clarify the reporting responsibilities for participation in the STEM OPT program. Students and employers must report material changes to the Designated School Official (DSO) at the earliest opportunity by submitting a modified Form I-983. Employers must report the STEM OPT student’s termination of employment or departure to the DSO within five business days.  As previously indicated on the webpage, students must report certain changes, such as changes to their employer’s name and address, to their DSO within 10 business days. Prompt reporting ensures that Department of Homeland Security (DHS) is able to exercise effective oversight of the program.

Additionally, DHS is clarified that STEM OPT participants may engage in a training experience that takes place at a site other than the employer’s principal place of business, as long as all of the training obligations are met, including that the employer has and maintains a bona fide employer-employee relationship with the student. DHS will review on a cSTEM OPTase-by-case basis whether the student will be a bona fide employee of the employer signing the Training Plan, and verify that the employer that signs the Training Plan is the same entity that employs the student and provides the practical training experience.

To qualify for the 24-month extension, you must:

  • Have been granted OPT and currently be in a valid period of OPT;
  • Have earned a bachelor’s, master’s, or doctoral degree from a school that is accredited by a U.S. Department of Education-recognized accrediting agency and is certified by the Student and Exchange Visitor Program (SEVP) at the time you submit your STEM OPT extension application.
    • Previously obtained STEM degrees: If you are an F-1 student participating in a 12-month period of post-completion OPT based on a non-STEM degree, you may be eligible to use a previous STEM degree from a U.S. institution of higher education to apply for a STEM OPT extension. You must have received both degrees from currently accredited and SEEP-certified institutions, and cannot have already received a STEM OPT extension based on this previous degree. The practical training opportunity also must be directly related to the previously obtained STEM degree.
      • For example: If you are currently participating in OPT based on a master’s degree in business administration but you previously received a bachelor’s degree in mathematics, you may be able to apply for a STEM OPT extension based on your bachelor’s degree as long as it is from an accredited U.S. college or university and the OPT employment opportunity is directly related to your bachelor’s degree in mathematics.
    • STEM degrees you obtain in the future: If you enroll in a new academic program in the future and earn another qualifying STEM degree at a higher educational level, you may be eligible for one additional 24-month STEM OPT extension.
      • For example: If you receive a 24-month STEM OPT extension based on your bachelor’s degree in engineering and you later earn a master’s degree in engineering, you may apply for an additional 24-month STEM OPT extension based on your master’s degree.
  • Work for an employer who meets all the requirements listed below in the STEM OPT Employer Responsibilities section.

About The Grady Firm, P.C.

JGrady Firm-Logo-2016The Grady Firm, P.C. attorneys help individuals, families, employees, business owners, and investors obtain non-immigrant and immigrant visas, as well and Green Cards and citizenship based on family relationships, investment, or employment.  In addition, The Grady Firm attorneys help foreign entrepreneurs establish a U.S. presence, form a corporate entity, and obtain the appropriate visas for their owners and employees.

Click here to schedule a complimentary 15-minute consultation with The Grady Firm’s attorneys; call +1 (323) 450-9010; or fill out a Contact Request Form.

*This article is for informational purposes only, and does not constitute legal advice or create an attorney-client relationship. This article does not make any guarantees as to the outcome of a particular matter, as each matter has its own set of circumstances and must be evaluated individually by a licensed attorney.

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About gradyfirm

The Grady Firm, P.C. provides exceptional legal counsel to its clients as their dedicated Immigration, Global Relocation/Expansion, and Human Resources Department. We deliver superior customer service and holistic strategies tailored to each client’s background and goals. As a truly global practice, The Grady Firm attorneys provide the business, immigration, employment counseling that American companies need to thrive, and cultural background which foreign entrepreneurs need to be successful in a new market. Our tech-savvy, multi-lingual attorneys are fluent in Spanish, Italian, German, and Farsi. They are licensed in California, and can practice immigration and intellectual property in all 50 US states. The firm serves innovative clients from around the world from its offices in Beverly Hills, Irvine, and San Diego, California. Learn more about us at www.gradyfirm.com.

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