24 Month Optional Practical Training Extension for STEM students (STEM OPT)
To qualify for the 24 month extension you must:
- Have been granted an OPT and be in a valid period of OPT
- Earned a bachelor’s, master’s, or doctoral degree that is accreted
by a U.S. Department of Education and is certified by Student and Exchange
Visitor Program (SEVP)
- Work for an employer who meets all the requirements
- The employment must be directly related to the previously obtained STEM degree.
- Submit for I-765, Application for Employment Authorization
Note: You can also qualify for a 24-month extension on a prior STEM degree
earned from a U.S. institution of higher education. However, you cannot
have already received a STEM OPT extension based on that prior degree.
OPT students who currently have (or have an application pending on May
10, 2016) for a 17 month extension:
The new rule authorizing 24-month STEP OPT extension will go into effect
on May 10, 2016. If you are currently on a 17-month STEP OPT extension,
you may apply to add 7 months to your STEM OPT period on or after May
10, 2016 as long as you have at least 150 days of valid employment authorization
remaining on the date you properly file your new Form I-765. Please note
that you must properly file form I-765, with fee, on or before August
8, 2016. Applications with less than 150 days of validity remaining and
or applications filed after August 8, 2016 will be denied.
- Be enrolled in E-verify and remain in good standing
- Report material changes regarding the STEM OPT student’s employment
to the DSO within 5 business days
- Implement a formal training program to promote the student’s academic
learning through practical experience
- Provide an OPT opportunity that is similar with those of similarly situated
U.S. workers in duties, hours, and compensation.
Complete the Form I-983, “Training Plan for STEM OPT students”.
This form establishes a formal training plan with the F-1 student. Form
I-983 must be completed by the employer and F-1 student and submitted
to the DSO. In the Form I-983, the Employer must state:
Student role: Describe what tasks and assignments will be carried out during the training
and how these relate to the student’s STEM degree. The plan must
cover a specific span of time, and detail specific goals and objectives.
Describe the specific skills, knowledge, and techniques the student will
learn or apply and how the student will achieve the goals set forth in
his or her training and training curriculum during the timeline.
Goals and objectives: Describe the specific skills, knowledge, and techniques the student will
learn or apply and how the student will achieve the goals set out for
his or her training; and the training curriculum including the timeline.
Employer Oversight: Explain how the employer will provide oversight and supervision of individuals
filling positions such as that being filed by the named F-1 student are
acquiring new knowledge and skills. If the employer has a training program
or related policy in place that controls such measures and assessments,
Measures and assessments: Explain how the employer measures and confirms whether individuals filing
positions such as that being filled by the named F-1 student are acquiring
new knowledge and skills.
- The salary of the student must be commensurate with similarly related U.S. workers.
- Please note: Form I-983, Section 1 must be completed and submitted to the
student’s DSO. Sections 3-6 must be completed by the employer.
- After 12 months, the employer needs to complete an assessment on Form I-983.
After 24 months, the employer needs to complete a final assessment. This
must be submitted to the DSO.
- Report termination of employment to the DSO within 5 business days
- Authorized signatory of the Employer must be familiar with the training
plan and the
F-1 students’ goals and performances. The authorized signatory of
the employer must affirm that the statements provided on the Form I-983
are true and correct.
Employer must attest to the following:
- Employer has sufficient resources and personnel available to provide appropriate
training in connection with the specified opportunity
- The STEM OPT will not replace a part time or full time or permanent U.S. worker
- Employment opportunity assists the students in attaining his or her training goals
Reporting to DSO when there are material changes to the Form I-983
Both STEM OPT students and employers are obligated to report to the DSO
material changes in the student’s formal training plan:
- Any change to the FEIN
- Any reduction in student compensation unrelated to hours worked
- Any significant decrease in hours per week that a student engaged in STEM training
- Changes to the employer’s commitments of a student’s learning
objectives as documented on the form I-983
- Loss of employment must be reported no later than 5 business days after
the student’s employment terminates.
- Complete sections 1-2 of Form I-983 and submit to DSO.
- Complete and submit 12 month and final evaluation to employer and DSO
- Report material changes to DSO
- Change in hours of employment reported no later than 10 days
Employer Site Visits by ICE (Immigration and Customs Enforcement):
- Random site may occur with a 48 hour advance notice
- There may be no advanced notice for site visits triggered by a complaint/suspicion
- ICE can also request information regarding compliance through e-mail or
phone before (or instead of) the site visit
Site visits will confirm the following:
- Information reported on Form I-983 regarding the training program is accurate.
- The employer has sufficient resources and supervisory personnel to effectively
train the F-1 students.
- Inspect STEM OPT compliance file regarding wage assessment of similarly
situated U.S. workers