About Your OPT and Stem OPT Extension

F-1 visa students often make mistakes when applying for OPT or STEM OPT, leading to Denial in Your OPT, with little chance for correction. Many common errors result in denials, and rectification through a motion to reopen or reconsider is unlikely. Specific regulatory guidelines must be followed to avoid denials.

Understanding OPT and STEM OPT is crucial before discussing potential drawbacks. OPT grants temporary employment authorization for up to 12 months, primarily focusing on post-completion OPT. Regulations governing OPT are outlined in 8 C.F.R. § 214.2(f)(10)(ii), requiring completion within 14 months of graduation, directly related to the student’s major field of study.

The STEM OPT extension offers a 24-month extension of post-completion OPT specifically for graduates holding degrees in science, technology, engineering, or mathematics fields. The regulations governing STEM OPT are detailed in 8 C.F.R. § 214.2(f)(10)(ii)(C). To ascertain the eligibility of the degree program, USCIS and ICE refer to the Department of Education’s Classification of Instructional Programs (CIP) list to determine if it falls within a STEM category.

Students are limited to receiving two lifetime STEM OPT extensions. To qualify for a second STEM extension, the individual must complete a qualifying degree at a higher level and fulfill the post-completion OPT requirements for that degree. STEM OPT imposes stricter requirements compared to regular OPT, which often leads to encountering more pitfalls.

Both OPT and STEM OPT have criteria that, if not fulfilled, may lead to a rejection. In this article, the criteria will be categorized into one of the following groups: timing, clerical, and compliance.

OPT and STEM OPT Extension Timelines

For the initial post-completion OPT, an F-1 student is required to submit an I-765 to USCIS. This application must be submitted no earlier than 90 days before and no later than 60 days after the program end-date. Additionally, the I-765 must reach USCIS within 30 days from the date the DSO updates the SEVIS portal recommending OPT.

Important: It may lead to denial in Your OPT and STEM OPT Extension as it exceeds 30 days from the DSO’s OPT recommendation date

For STEM OPT extensions, students must submit an I-765 application and it must be submitted before the expiration of the 12-month post-completion OPT. It’s important to be aware that during the 60-day grace period, you are ineligible to apply for your STEM extension. Furthermore, STEM OPT applicants must submit their application within 60 days of the Designated School Official (DSO) entering a STEM OPT recommendation into SEVIS. The filing date is determined by the date USCIS receives a complete application, not the date of mailing the I-765 form, hence it’s advisable to submit the application sooner rather than later.

Questions and Solutions for OPT Extension Applications

Completing all paperwork correctly before mailing is crucial. This includes signing the check, I-765 form, I-20 form, and the I-983 training plan for STEM OPT applicants. Ensure the check is valid, filled out correctly, and addressed accurately to the Department of Homeland Security.

1.Sending an Expired I-765 Leading to Denial of Your OPT Application

Using an outdated I-765 form is a common mistake. USCIS updates forms regularly, and submitting an expired version will lead to rejection.

Mistakes like incorrect checks or outdated forms can result in rejection. If USCIS rejects the application, the timing issues discussed earlier occur, as USCIS only stops the clock once they receive the application. Thus, if you mail your application a month before the deadline and it takes USCIS four weeks to reject it, you’ll miss the chance to apply for the benefit.

Note: Opting for online submission of your I765 allows you to simultaneously expedite UPS delivery.

2.Ensure that you do not violate regulations during your OPT period

Unemployment during OPT and STEM OPT is a common issue affecting compliance. Under initial OPT, students must not exceed 90 days of unemployment within the 12-month program. For STEM OPT, the limit is 150 days of unemployment during both OPT and STEM OPT periods.

To be considered employed, students must work at least 20 hours per week. Any period without work or lacking a job offer counts as unemployment. For instance, if OPT begins on March 1 but employment doesn’t start until April 1, there will be 31 days of unemployment.

Unemployment also occurs between OPT employers; for example, a two-week gap between employer changes results in two weeks of unemployment. However, utilizing company benefits like PTO while actively employed does not count as unemployment.

3.Non-E-Verify Employers Not Meeting OPT Extension Sponsorship Eligibility

For STEM OPT, your employer must be an active E-verified employer. Unlike many other immigration benefits, there are no exceptions to this requirement for STEM OPT. It’s important for STEM OPT applicants to ensure that their potential employer is indeed E-verified.

In a recent case, a company provided an E-verify number, but it turned out that the company’s E-verify status had been terminated without their knowledge. As a result, the STEM OPT application was denied, and the applicant couldn’t reapply.

You can check for E-verified companies here: https://www.e-verify.gov/about-e-verify/e-verify-data/how-to-find-participating-employers.

An initial step in the STEM OPT process is completing the Form I-983 training plan, outlining the program’s learning objectives and the employer’s commitment to aiding the student. This plan is then submitted to the Designated School Official (DSO) for review and recommendation.

Both employers and students must adhere to the plan’s terms and all STEM OPT regulations, as failure to do so may result in status maintenance issues. Given the urgency of the STEM OPT application, accurate completion of the I-983 on the first attempt is crucial, and legal review may be beneficial to avoid rejection by the DSO.

Instructions for Informing DSO of Employment Changes During OPT

STEM OPT involves reporting obligations for both employers and students to maintain compliance. When a student switches employers, the initial employer must notify the Designated School Official (DSO) within five business days of any departure or termination.

OPT students must inform the DSO of changes in name, address, or interruptions in employment. STEM OPT students require DSO approval and must submit a new training program to change employers.

STEM OPT students must report to the DSO every six months and notify any changes in name, address, or employer. Upon leaving a position, students must provide a final self-evaluation using Form I-983. Additionally, they must submit an annual self-evaluation detailing their training progress to the DSO within 10 days after the training period ends.

• 6 months: SEVIS information confirmation
• 12 months: Annual self-evaluation and SEVIS information confirmation
• 18 months: SEVIS information confirmation
• 24 months: Final evaluation or before you terminated your OPT status and SEVIS information confirmation.

Students must report any significant changes or deviations to their I-983 training plan. This can include, but is not limited to:

• Employer’s EIN/Employer’s Name
• Any reduction in student salary.
• Any reduction in weekly hours that deviates from your I-983 training plan.

If a STEM OPT student is terminated, they are required to report the termination of their training within 10 days.

• Employers are required to collaborate with students to finalize the I-983 and ensure its accuracy through signing.
• Employers are obligated to review and attest to the accuracy of the student’s annual self-evaluation by signing it.
• Employers are responsible for assisting students in reporting any substantial changes or deviations from the I-983.
• Employers must inform the DSO within five business days in the event of terminating a student’s STEM OPT or if the student voluntarily departs from the employer.

Preparing for OPT and STEM OPT involves understanding their complex regulations. Failure to comply can impact your immigration status. While your DSO can offer guidance, consulting an employment-based immigration attorney beforehand may be wise.

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