STEM Students, Take Note! USCIS Issues Major OPT Updates

On August 27, 2024, the U.S. Citizenship and Immigration Services (USCIS) announced critical updates to the guidance concerning F/M nonimmigrant students. These changes, particularly regarding optional practical training (OPT) for STEM fields, impact how students can navigate online learning, school transfers, and OPT extensions. Understanding these changes is crucial for international students looking to maximize their educational and professional opportunities in the U.S.

Key Takeaways:

• STEM students may now include one online class or three credits toward a full course of study per academic session.
• Students can transfer between SEVP-certified schools or move between educational levels.
• The 60-day grace period after post-completion OPT allows for education level changes, school transfers, or applications for other visa statuses.
• Clarified eligibility for post-completion OPT after associate’s, bachelor’s, master’s, or doctoral programs.
• New policies clarify the period for STEM OPT extensions and rules for study abroad programs.

Context:

The Optional Practical Training (OPT) program has long been a pathway for F-1 students to gain work experience related to their field of study. Since 2008, STEM students have been able to apply for a 17-month extension, later expanded to 24 months in 2016. The latest updates ensure these opportunities continue to evolve alongside changing educational modalities and immigration policies, aiming to support students in securing work experience crucial to their career development.

Online and Distance Learning – New Flexibilities

The updated guidance introduces a more flexible framework for students incorporating online education. Now, students may count one class or three credits per session toward their full-time enrollment requirement if the class is delivered online or through distance learning.

This update recognizes the rise of online education, providing more flexibility while maintaining enrollment standards.

School Transfers Made Easier

The updated policy makes transferring between SEVP-certified schools or moving between educational levels more seamless. F-1 students can now make these transitions more freely, expanding their educational opportunities in the U.S.

The new transfer policies ease transitions between schools or educational levels, providing more mobility for students to pursue their educational goals.

OPT Eligibility and Grace Period Explained

The 60-day grace period following post-completion OPT is a critical timeframe during which students can plan their next steps. Whether it’s transferring to a new institution, advancing to a new degree, or adjusting visa status, this grace period gives students valuable time to transition.

The grace period policies ensure students have adequate time to consider their future, be it further education or changing their visa status.

Post-Completion OPT Clarifications

Students who complete associate’s, bachelor’s, master’s, or doctoral programs are eligible for post-completion OPT. This important clarification provides certainty to students across different levels of higher education.

Clarifying post-completion OPT eligibility ensures all graduates in these degree programs can plan their OPT without confusion.

Study Abroad – Keeping SEVIS Status Active

For students enrolled in SEVP-certified schools who participate in study abroad programs, the guidance ensures they can remain active in SEVIS for programs lasting under five months. However, if the study abroad exceeds five months, they must obtain a new Form I-20.

These study abroad rules maintain students’ SEVIS status, ensuring no disruptions in their education or visa status.

Legal Aid and the Need for Immigration Attorneys

Navigating the complexities of USCIS policies can be overwhelming for many students, making the role of immigration attorneys crucial. Legal aid is essential for ensuring students fully understand their rights, avoid legal pitfalls, and make the most of opportunities like STEM OPT extensions or school transfers.

Immigration attorneys play a vital role in helping students navigate complex USCIS policies, ensuring compliance and maximizing their opportunities.

Conclusion:

USCIS’s updated guidance provides more flexibility and clarity for F/M nonimmigrant students, particularly those in STEM fields. By allowing a blend of online and physical education and offering clear paths for transferring schools and applying for OPT, these changes help students optimize their educational and career trajectories. However, with the complexity of immigration laws, seeking legal aid remains a key step in ensuring students take full advantage of these updates.

Frequently Asked Questions (FAQs):

1. What is Optional Practical Training (OPT)?

OPT allows F-1 students to work in the U.S. in their field of study, providing valuable practical experience.

2. How many credits can I count toward my full course of study with online classes?

You can count one class or three credits of online or distance learning per academic session.

3. Can I transfer to another school during my OPT?

Yes, students may transfer to another SEVP-certified school during their OPT, within the outlined timeframes.

4. What is the 60-day grace period for post-completion OPT?

This is a period after your OPT ends, allowing you to change schools, adjust visa status, or prepare to depart the U.S.

5. Am I eligible for post-completion OPT with an associate’s degree?

Yes, the updated guidance confirms eligibility for post-completion OPT after completing an associate’s degree.

6. Do I need a new Form I-20 for a study abroad program lasting more than five months?

Yes, if your study abroad exceeds five months, you will need a new Form I-20 to maintain your SEVIS status.

Contact Us

For more information or to schedule a consultation, visit our website at Wasden Law, Our experienced litigation attorneys are ready to fight for your rights and ensure your immigration journey is as smooth as possible.

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Disclaimer:

The information provided in this article is for general informational purposes only and does not constitute legal advice. While we strive to ensure the content is accurate and up-to-date, it is not a substitute for professional legal consultation. Immigration laws and regulations are subject to change, and their application can vary based on specific circumstances. We recommend scheduling a consultation with us to obtain advice tailored to your individual situation. The authors and publishers of this article are not responsible for any actions taken based on the information provided herein.

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