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Information on New STEM OPT Ruling - May 10, 2016

Effective May 10, 2016

After months of watching the progress on the new STEM OPT Rule, F-1 students received welcome news on Friday, March 11, 2016, when the U.S. Department of Homeland Security published a Final Rule extending and expanding the F-1 Optional Practical Training (OPT) for certain Science, Technology, Engineering and Math (STEM) majors.

This new STEM OPT Rule will go into effect on May 10, 2016 and features the following significant changes:

Extends STEM OPT to 24-Months: The STEM OPT program will be extended from 17-months to 24-months for eligible applicants applying on or after May 10, 2016.
Introduces the I-983 Training Plan: The new STEM OPT rule will require employers to complete a Form I-983 Training Plan for STEM OPT Students, as well as annual and final evaluations on the goals outlined in the Training Plan.
Creates a way to expand CIP List of Majors: The new STEM OPT rule creates a process to add new majors to the list of eligible Classification of Instructional Programs (CIP) codes, in order to expand STEM OPT program eligibility to qualifying fields of study in the future. This does not impact Morningside Graduate School of Biomedical Sciences Students as all Morningside Graduate School of Biomedical Sciences students continue to qualify as STEM majors based on the current CIP List of Majors.
Allows additional periods of STEM OPT: The new rule allows students to apply for STEM OPT based on a previously-earned STEM degree, and allows for a 2nd lifetime STEM OPT extension after earning a higher degree in a STEM major field.
Allows for transition from 17-Month to 24-Month STEM OPT: The STEM OPT rule outlines a transition plan for students with pending applications for STEM OPT on May 10, 2016, and for students with approved 17-month STEM OPT who wish to extend to the 24-month program.
Adds new reporting requirements: The STEM OPT rule adds several significant new reporting requirements for students, employers and Designated School Officials (DSOs).
Continues “Cap-Gap” Protection: The rule extends “cap-gap” protection for students on F-1 OPT whose employer has filed a timely petition for H-1B sponsorship on their behalf.
Continues to Require E-Verify Employer: In order to qualify for STEM OPT, students must be employed in a paid job related to their major and for an E-Verify employer.

For further information on this new ruling see:

New STEM Rule Overview
Eligibility for 24-Month STEM OPT
STEM OPT Reporting Requirements for Students
Transition Plan from 17-month STEM OPT to 24-month STEM OPT
Overview of Form I-983 Training Plan for STEM OPT Students
Frequently Asked Questions about STEM OPT

Historical Summary on New STEM OPT Ruling:

March 11, 2016: The U.S. Department of Homeland Security (DHS) published its final rule to strengthen and enhance the optional practical training (OPT) program for F-1 international students in science, technology, engineering and mathematics (STEM) fields.

The new STEM 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 and effectively replaces the 17‑month STEM OPT extension.

The 17-month STEM OPT regulations remain in effect through May 9, 2016. The 2016 STEM OPT 24-month extension final rule is effective beginning May 10, 2016.

Study in the States launched the STEM OPT Hub in coordination with this new rule to help school officials, F-1 students and interested employers understand the new regulation.

January 23, 2016: The Department of Homeland Security (DHS) now has until May 10, 2016 to implement a final STEM OPT rule.

The news comes after United States District Judge Ellen Segal Huvelle issued an order Saturday granting the DHS motion for more time to complete the rule. The current STEM OPT rule, which created the 17-month extensions of OPT for certain STEM fields, is now set to expire on May 10th. In the meantime, DHS now plans on publishing its new final STEM OPT rule by March 11th, with an effective date on or before May 10th. DHS will use the 60-day period between publication and the effective date to train adjudicators. This will also provide time for employers to train employees and implement new processes required by the final rule.

October 19, 2015: The Department of Homeland Security published the much-anticipated proposed STEM OPT rule. The public will have 30 days (until November 18) to comment on the proposed rule. The proposed rule would replace the existing 2008 rule which is scheduled to be vacated on February 12, 2016.

August 12, 2015: A U.S. District Court ruled that the Department of Homeland Security (DHS) did not follow the rules when they enacted the regulation that created the 17 month STEM OPT extension. DHS has been given 6 months to fix this mistake. If DHS does not fix the mistake by February 12, 2016, the regulation allowing for STEM OPT will be cancelled.

ISO wants to reassure those who are working on OPT or STEM OPT that this decision has no immediate impact on OPT and STEM OPT. If you are currently on OPT or STEM OPT, you should continue working and continue to maintain status. We will continue to process new OPT and STEM OPT applications for Morningside Graduate School of Biomedical Sciences students and alumni as usual.

We are watching this situation carefully and will update the UMass Chan community with developments in this case.

More Information

Lexology Legal Blog - detailed analysis
Read the full case decision here

FAQ

I am currently working on OPT. What does this mean for me?

You should continue working and continue to maintain F-1 status by reporting employment updates and changes in your residential address to the school that issued your Form I-20.

I am currently working on STEM OPT extension. How does this affect me?

You should continue working and continue to maintain F-1 status by reporting employment updates and changes to the school that issued your Form I-20. If your OPT was approved based on the 17-month STEM OPT extension rules, you should continue to abide by these rules that were in effect prior to May 10, 2016.

I am eligible to apply for an additional 7 months of STEM OPT?

You may be eligible if your current period of STEM OPT expires on or after October 7, 2016. Morningside Graduate School of Biomedical Sciences Alumni should contact the UMass Chan Immigration Services Office immigrationservices@umassmed.edu to determine if they are eligible for an extension of their STEM OPT. Students who did not graduate from UMass Chan should contact the school that is sponsoring their F-1 student status to determine their eligibility for a 7-month extension.

My application for STEM OPT extension is pending. How does this decision affect my application?

If your STEM extension was approved prior to May 9, 2016, then your STEM OPT was granted based on the 17-month STEM regulations that were in effect at that time. If your STEM extension was not approved before May 9th, USCIS will request additional documents from you to complete the adjudication of your STEM OPT application so that it conforms to the updated 24-month STEM OPT Rule.

My initial 12 months of OPT is ending soon. I was planning to apply for the STEM OPT extension. Can I still apply?

Yes, ISO will continue to process new STEM OPT applications for Morningside Graduate School of Biomedical Sciences alumni. Please review our STEM OPT website for specific application instructions. If your F1 status is sponsored by another institution, please contact the school that issued your I-20 for further details.

I am a current Morningside Graduate School of Biomedical Sciences student who will be graduating soon. What does this ruling mean for me?

We will continue to process new OPT applications for Morningside Graduate School of Biomedical Sciences students as usual. Please refer to our OPT website for details on how to apply.

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