Navigating Opt Extension: Timing And Legal Requirements

Students with F-1 status who have earned a degree in certain Science, Technology, Engineering, and Mathematics (STEM) fields may be eligible for a 24-month extension of their post-completion Optional Practical Training (OPT) employment authorization. The OPT extension is a temporary training period that directly relates to an F-1 student's program of study in an approved STEM field. To qualify for the extension, students must meet specific criteria, including having a degree from an accredited U.S. institution and being currently authorized for and actively participating in the initial period of 12-month OPT. The completed extension application must be received by the United States Citizenship and Immigration Services (USCIS) before the current 12-month OPT expires.

OPT extension eligibility requirements

To be eligible for a 24-month OPT extension, students must meet the following requirements:

Current Status

• The student must be an F-1 student.
• The student must be in a valid period of post-completion OPT.
• The student must be maintaining their F-1 status.
• The student must be currently working in a period of post-completion OPT.

Academic Qualifications

• The student must have earned a bachelor's, master's, or doctoral degree.
• The degree must be from a school that is accredited by a U.S. Department of Education-recognized accrediting agency.
• The degree-granting school must be certified by the Student and Exchange Visitor Program (SEVP) at the time of the student's STEM OPT extension application submission.
• The degree must be in a STEM field (Science, Technology, Engineering, and Mathematics).
• The student's degree must be from the DHS STEM Designated Degree Program List.
• The student's degree must be in a field of study indicated on the I-20 form, which qualifies as STEM-eligible.
• The student's degree must be higher than a bachelor's degree if they are applying for a second OPT extension.
• The student must have received their STEM degree within the last 10 years.

Employment

• The student must have a job offer from an employer enrolled in the USCIS E-Verify program.
• The job must be directly related to a STEM field.
• The job must be a paid position.
• The student must work a minimum of 20 hours per week per employer.
• The student must complete the I-983 Training Plan with their employer.
• The student's employer must provide formal training and learning objectives.
• The student's employer must be the same entity that employs the student and provides the practical training experience.
• The student must be a bona fide employee of the employer signing the Form I-983.
• The student's employer must have sufficient resources and trained personnel to provide appropriate training.
• The student must not replace a full-time or part-time, temporary or permanent U.S. worker.
• The training opportunity must assist the student in attaining their training goals.

OPT extension application process

The OPT extension application process is for students with F-1 visa status who are currently working in a period of post-completion OPT. The OPT extension is for students with a bachelor's degree or higher in an eligible STEM field.

How to Apply for a STEM OPT Extension:

• Request a STEM OPT I-20 from ISS: Students must request a STEM OPT I-20 from ISS before applying for STEM OPT with USCIS. The request is made via the student's profile in MyISSS. Students must ensure they have been maintaining F-1 status and that their 12-month OPT information is up-to-date. They should check the SEVP Portal and update any outdated information.
• Pay the STEM Post-Completion Training fee: Students must pay the $200 STEM Post-Completion Training fee and save a copy of the receipt/payment confirmation.
• Complete the I-983 form with your employer: Students must complete the I-983 form with their employer. This form is a Training Plan that outlines the training and learning objectives that will be provided by the employer.
• Receive approval and a signed OPT I-20: Students must receive approval and a signed OPT I-20 showing the OPT recommendation from their DSO before submitting their online OPT application.
• Submit the I-765 application to USCIS: Students must submit the Form I-765, Application for Employment Authorization, to USCIS. This can be done up to 90 days before their current OPT employment authorization expires and within 60 days of the date the DSO enters the recommendation for OPT into the Student and Exchange Visitor Information System (SEVIS) record. The application must include the correct application fee, the employer's name and E-Verify Company Identification Number, Form I-20, and a copy of the student's STEM degree.
• Continue working and wait for USCIS approval: Once the student has submitted their STEM OPT extension application, they can continue working and may travel while their application is pending. Their work authorization is automatically extended for up to 180 days during this time.

Additional Notes:

• Students can change employers while their STEM OPT extension application is pending with USCIS. They must report the change to ISS through the 'Report New Employment' request via the MyISSS portal and request a new I-20.
• If the student receives a "Request for Evidence" (RFE), a returned application, or a denied application, they must notify ISS immediately.

OPT extension approval

The OPT extension is a 24-month period of temporary training that directly relates to an F-1 student's program of study in an approved STEM field. To qualify for a 24-month STEM OPT extension, an F-1 student must:

• Have been granted OPT and currently be in a valid period of post-completion 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 of submitting the STEM OPT extension application.
• Have a degree in an eligible STEM field from a Student and Exchange Visitor Program-certified school that is accredited when the student submits their STEM OPT extension application to USCIS.
• Pursue their STEM OPT extension through an employer that is enrolled in USCIS's E-Verify employment eligibility verification program.
• Select a STEM OPT employer that provides the student with formal training and learning objectives.
• Work a minimum of 20 hours per week per employer.
• Submit the Form I-765, Application for Employment Authorization, up to 90 days before their current OPT employment authorization expires, and within 60 days of the date the designated school official (DSO) enters the recommendation for OPT into the Student and Exchange Visitor Information System (SEVIS) record.

The STEM OPT extension application must be received by USCIS before the current 12-month OPT expires. Students may not apply for STEM OPT extensions during the 60-day grace period following an initial period of regular post-completion OPT.

Students who file an application for the 24-month OPT extension in a timely manner (recommended to be 90 days) before their existing OPT expires will be able to continue employment while the extension application is pending until a final decision is made on the I-765 OR for 180 days, whichever comes first.

OPT extension employment rules

The OPT extension employment rules are primarily for F-1 students with STEM degrees who are granted a 24-month extension of their post-completion OPT. The rules are as follows:

Rules for Students:

• Students must have been granted OPT and be in a valid period of post-completion OPT.
• Students must have earned a bachelor's, master's, or doctoral degree from an accredited and certified educational institution.
• Students must have a paid job offer that meets the following requirements:
• The employer must be enrolled in the USCIS E-Verify program.
• The job must offer at least 20 hours of work per week.
• The job must be a paid position.
• The job must provide formal training and learning objectives directly related to the student's qualifying STEM degree.
• Students must be able to complete the I-983 Training Plan with their employer.
• Students must be able to provide evidence of working at least 20 hours per week during the employment period.
• Students must report any changes in employment, such as new employment, end of employment, or material changes, within 10 days of the change.
• Students must submit an address and employer validation report every 6 months.
• Students must submit a self-evaluation every 12 months or when leaving a position.
• Students must report their progress on the training experience to their DSO annually.
• Students must report any material changes or deviations from their formal training plan to their DSO.

Rules for Employers:

• Employers must be enrolled in the USCIS E-Verify program and maintain good standing.
• Employers must have a valid Employer Identification Number (EIN) for tax purposes.
• Employers must report any material changes in the student's employment by submitting a modified Form I-983 to the DSO.
• Employers must report the student's termination of employment or departure to the DSO within 5 business days.
• Employers must implement a formal training program to augment the student's academic learning through practical experience.
• Employers must provide an OPT opportunity that is commensurate with those offered to similarly situated U.S. workers in terms of duties, hours, and compensation.
• Employers must have and maintain a bona fide employer-employee relationship with the student.
• Employers must have sufficient resources and personnel to provide appropriate training at the specified location(s).
• Employers must ensure that the student will not replace a full-time or part-time U.S. worker.
• Employers must ensure that the training opportunity will assist the student in attaining their training goals.
• Employers must complete the appropriate parts of Form I-983, attesting to their resources, training plans, and the student's role in attaining their objectives.

OPT extension reporting requirements

Students and employers have reporting obligations throughout the OPT extension training period. Students must submit a report every six months from their STEM EAD start date, even if their employment information has remained the same.

• Report changes to your name, address, place of employment, or end of employment within 10 days.
• Submit a report every six months from your STEM EAD start date, confirming your personal address and employer information.
• You are limited to a total of 150 days without employment. This includes any days of unemployment that accrued during your period of Post-Completion OPT.
• All STEM OPT employment must be directly related to your STEM degree.
• Keep a record of all your employment, including evidence of the position held, proof of the duration of that position, the job title, contact information for your supervisor or manager, and a description of the work.
• If possible, obtain a signed letter from your hiring official, supervisor, or manager stating how your degree is related to the work performed.
• All STEM OPT employers must be enrolled in E-Verify.

Students must also complete an annual self-evaluation describing the progress of the training experience. This must be submitted to the DSO no later than 10 days following the conclusion of the training period.

In addition, both the student and the employer are obligated to report any material changes to, or deviations from, the student's formal training plan. This includes:

• Any change of the employer's EIN.
• Any reduction in student compensation that is not tied to a reduction in hours worked.
• Any significant decrease in hours per week that a student engages in a STEM training opportunity.
• Changes to the employer's commitments or the student's learning objectives as documented on the Form I-983.

Frequently asked questions