On March 11, 2016 the USCIS published therules of a new, expanded STEM Extension OPT program. The new STEM Extension will go into effectTuesday, May 10, 2016. Among other changes,the program extends the length of the STEM Extension from 17 months to 24months.
STEM OPT Extensions are available to studentscompleting a degree in the science, technology, engineering, or mathematicsfields at US colleges or universities in F-1 status. A list of degrees eligible for STEMExtensions is available on the ImmigrationCustoms and Enforcement website.
In August 2015, the US District Court judgeruled that the USCIS STEM OPT Extension program was invalid because the USCIShad not followed the proper procedure when creating the STEM Extension program in2008. The federal judge allowed the USCIS time to re-create the programusing the proper procedure.
The USCIS has now re-created the STEMExtension program using the proper procedure and has extended the length of theSTEM Extension from 17 months to 24 months. The new STEM Extension rules also include the following:
· Employers participating in the STEM Extension program mustincorporate a formal training program that includes concrete learningobjectives with proper oversight.
· All STEM employers taking part in the program must alsoparticipate in e-verify.
· Students must work at least 20 hours per week per employer toqualify for STEM Extensions.
· Students are now permitted a total of 150 days aggregateunemployment while on OPT. Students continueto be permitted 90 days aggregate of unemployment during the initial period ofOPT. Students are now permitted anadditional 60 days of unemployment during the STEM OPT Extension period.
The Immigration Service has also created a STEM OPT Hub websitewhich includes resources for schools, students, and employers to assist in thetransition from the old STEM OPT program to the new STEM OPT program.