Published: September 23, 2024
Immigration policy has become a strategic tool in attracting and retaining highly skilled foreign-born professionals in the US. This is particularly evident in fields involving science, technology, engineering, and mathematics (STEM).
A US National Science Foundation (NFS) report reveals that the share of foreign-born workers in STEM occupations reached 26 percent, exceeding the 24 percent proportion of US-born STEM workers. However, global competition for STEM talent continues to intensify.
For instance, other countries vying for top talent, like Canada and Australia, have more lenient policies for international students seeking employment after graduation. Considering this, the US risks struggling to fill crucial roles if it doesn’t improve its STEM education and retain students pursuing STEM studies.
Yet good news for nonimmigrant students on Optional Practical Training (OPT) or those holding F and M visas. On August 27, 2024, the US Citizenship and Immigration (USCIS) released new OPT policy changes for STEM students.
OPT enables US employers to hire international graduates from high-demand fields like STEM without requiring immediate visa sponsorship. Below, ALG Lawyers will walk you through the recent updates on the program and their implications for current STEM students and those aspiring to study in the US.
Overview of OPT
OPT is an opportunity available for international students holding F-1 visas. It provides full-time students with up to 12 months of work authorization in their field of study. This experience enhances one’s employability and gives insight into industry dynamics.
Eligible F-1 visa students can apply for this temporary employment before or after completing their academic studies. However, most students pursue OPT after graduation, as this allows them to focus on their studies and extend their stay in the US. Below, understand how each type of OPT works.
Pre-completion OPT
F-1 students can participate in OPT before completing their academic program. One requirement to qualify for this is completing one academic year of full-time study before the intended starting date of OPT. Students can work part-time, specifically up to 20 hours per week during classes. They can also secure employment on a full-time basis during breaks.
Post-completion OPT
On the other hand, F-1 students can pursue approval for OPT after completing their studies at a certified academic institution. There’s no restriction on the maximum work hours in post-completion OPT, letting them secure full-time employment opportunities. But, students must work a minimum of 20 hours per week for their employment status to remain active.
Those with a degree in STEM fields can apply to extend their post-completion OPT for another 24 months. Eligibility for STEM OPT Extensions includes meeting the following criteria:
- Their employer is enrolled and is actively using E-Verify
- They obtained an initial grant of post-completion OPT authorization based on their STEM degree
- Their STEM degree is part of the STEM Designated Degree Program List
Recent OPT Policy Changes and Their Implications
The recent update guidance outlines notable changes and clarifications about OPT for STEM students in several areas. The following updates apply immediately to all pending or filed requests filed before or after the publication date.
Inclusion of online and distance learning courses
The new guidelines permit the inclusion of up to three online credits per academic session in their entire course of study requirements. That means students can take online and distance learning courses as part of course completion.
This flexibility is particularly crucial for students managing the demands of STEM coursework and online learning commitments without violating their F-1 visa terms. Likewise, they can better pursue learning opportunities while preserving their visa eligibility.
Expanded eligibility for post-completion OPT
The post-completion OPT has expanded its eligibility requirements, allowing more students to participate.
Based on the updated policy, students who have completed a two-year associate degree program are eligible for post-completion, similar to those with bachelor, master, or doctoral degrees. With this expansion, international STEM students have more opportunities to acquire valuable work experience and improve their career prospects in the US.
60-day grace period post-completion of OPT
The new policy also grants a 60-day grace period after students complete the authorized duration of post-completion OPT. During this period, students have additional flexibility to depart from the US.
For instance, they can apply for a new visa application, transition to a different educational level, or transfer to another school certified by the Student and Exchange Visitor Program (SEVP). This provision is valuable for STEM graduates who need additional time to research academic programs, explore employment options, or seek further education.
Employers can also initiate the H-1B application on their behalf during the 60-day grace period. But it’s worth noting that the H-1B process operates under a lottery system.
Simplified transfers between educational institutions
The recent guidelines simplify the transfer process for STEM students between educational institutions. They can transfer to a similar educational level or switch to a different one, provided that both institutions are SEVP-certified.
This flexibility in school transfers and educational level changes is essential for STEM students seeking to pursue research opportunities at institutions with more advanced academic programs in their field of study.
Clarified guidelines for study abroad programs
The revised policy clarifies the impact of study abroad programs on OPT eligibility and application procedures. Students enrolled in SEVP-certified institutions during study abroad programs of less than five months can retain their active status in the Student and Exchange Visitor Information System.
This helps STEM students continue their studies without disruption. However, those in programs exceeding five months will require a new Certificate of Eligibility for Nonimmigrant Student Status to continue their education when they return to the US.
Updated application timeline for STEM OPT extensions
The updated guidance also defined the timeline for applying for a 24-month STEM OPT extension. Students must apply for employment authorization up to 90 days before the current one expires.
As a result, STEM students can submit their applications within the correct window and avoid any potential gaps in their employment. This is vital for those working in cutting-edge research projects and competitive technology fields.
Navigate the OPT Process With ALG Lawyers
The recent OPT policy changes provide more precise information on online study, school transfers, and post-completion OPT. It helps international students, particularly those in STEM fields, to make more choices about their education and career paths in the US. Still, one critical mistake can negatively impact one’s legal work status and career development.
Navigating the OPT process with ALG Lawyers can help protect your right to work legally and gain experience in the US. We ensure timely and accurate application filing and offer personalized legal services to make your transition into the US workforce seamless and successful. Set an appointment today to discuss your legal needs in detail.
(Please note that this article does not create an Attorney-Client relationship between our law firm and the reader and is provided for informational purposes only. Information in this article does not apply to all readers. Readers should not rely on this information as legal advice and should seek specific counsel from a qualified attorney based on their individual circumstances. Thank you.)