USCIS Announces Updates to Student OPT Eligibility Policy Guidance

The U.S. Citizenship and Immigration Services (USCIS) has released an important update to the policy guidance within the USCIS Policy Manual, outlining changes to the eligibility for Optional Practical Training (OPT) for students in STEM fields. This update also provides clarification on online study, school transfers, the grace period, and study abroad programs.

Background

Practical training (PT) refers to employment that is directly related to a student’s major area of study. F-1 students may engage in OPT during both pre-completion and post-completion stages of their academic journey. Those pursuing a STEM degree may qualify for an additional 24-month OPT extension, provided they meet certain criteria, such as applying within a specific timeframe and holding a bachelor’s, master’s, or doctoral degree in a designated STEM field.

The term “STEM field” refers to any field listed in the Department of Education’s Classification of Instructional Programs (CIP) taxonomy. The full list of qualifying STEM fields, along with corresponding CIP Codes, is available on the Student and Exchange Visitor Program website.

Students may count a limited number of online or distance education classes toward the full course of study requirement. Additionally, they have the flexibility to transfer between schools and participate in study abroad programs under certain conditions. After completing their studies and any authorized employment, students are granted a 60-day grace period to prepare for departure or transfer.

Highlights of the Policy Guidelines:

1. Online and Distance Learning Courses: F-1 students can now count one class or up to three online credits per term towards their full course of study requirement. This update allows a limited amount of online or distance education to contribute to fulfilling the class requirement without violating F-1 visa terms.
2. Eligibility for Post-Completion OPT: The USCIS has clarified that international students can qualify for post-completion OPT after earning an associate’s, bachelor’s, master’s, or doctoral degree. An associate degree, typically a two-year program, now also qualifies for OPT.
3. Transfers Between Educational Institutions: F-1 students may transfer between schools certified by the Student and Exchange Visitor Program (SEVP). This applies whether the transfer is within the same educational level or to a higher level, such as moving from a bachelor’s to a master’s program.
4. 60-Day Grace Period: During the 60-day grace period following the completion of OPT, students may change their education level, transfer to another SEVP-certified school, or file for a change to another non-immigrant or immigrant status. Employers can sponsor F-1 visa holders for an H-1B, but this process involves a lottery system, and not all students succeed in obtaining a work visa through this route.
5. Timing of OPT Application: The new policy corrects the timing for international students to apply for STEM OPT extensions. F-1 students should file Form I-765 (for employment authorization) up to 90 days before the expiration of their current EAD.
6. Study Abroad Programs: Students enrolled in a SEVP-certified school may remain active in the Student and Exchange Visitor Information System while participating in a study abroad program lasting less than five months. For longer programs, students will need a new Form I-20 (Certificate of Eligibility for Nonimmigrant Student Status).

For more detailed information, you can refer to the policy guidance alert here.

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