New Requirements for Employers of STEM OPT Students — Seven Extra Months for Seven Extra Requirements

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The new STEM Optional Practical Training (OPT) regulation extends the practical training for F-1 students with qualifying degrees from 17 months to 24 months. It also introduces an employer requirement to complete a training plan as part of the employment authorization application process, provides for employer site visits, and includes many new employer reporting requirements and attestations. The changes are meant to strengthen program oversight and require employers to be more active in maintaining the integrity of the program. Further, the regulation continues the requirement that employers must participate in e-Verify for the student to qualify for the STEM extension. A new list of qualifying STEM degrees, dated May 10, 2016, is also available.

At this time, many employers are being asked to complete a Form I-983 training plan for students applying for a STEM extension. Students are currently applying for initial 24-month STEM extensions as well as 7-month extensions past their existing 17 months (if they have at least 150 days of validity left on their current Employment Authorization Card). Those students seeking a 7-month extension of their already-granted 17-month extension must apply to the USCIS by August 8, 2016. If a student’s 17-month OPT extension is already pending, then the USCIS will issue a request for evidence regarding the additional time. In all of these scenarios, the employer and student must meet the new regulation’s requirements, including preparing a Form I-983 training plan.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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