U.S. Citizenship andImmigration Services (USCIS) recently announced it received approximately233,000 H-1B petitions for the 2016 H-1B CAP filing. This figure includes bothregular H-1B cap-subject petitions and H-1B petitions filed for the advanceddegree exemption. Not surprisingly, this is the largest number of H-1B cap-subject petitionsever received. From a numbers standpoint, we can expect about 36% of the H-1Bswill be accepted and 64% will be returned.
Since more than half of the petitions are returned, U.S. employers must seekalternative visa options to the H-1B program. In this three–partseries blog post, we will discuss in detail the available alternatives. Each of these visas has specific legal requirementsthat the employer and employee must meet to qualify. The options discussedshould be considered on a case by case basis, to determine the best fit for theemployer and employee.
In the first blog of thisthree-part series, we discuss the options available to F-1 student visa holdersincluding continued employment under STEM OPT or returning to pursue a higherdegree. 
Optional Practical Training (OPT) including STEM OPT
OptionalPractical Training (OPT) is temporary employment that is directly related to anF-1 student’s major area of study. Under the current rules, an F-1 student canbe authorized to receive up to a total of 12 months of practical trainingeither before (pre-) and/or after (post-) completion of studies. Certainscience, technology, engineering and mathematics (STEM) degree holders may beeligible for an additional one time 17 month extension of OPT time. To beeligible for the STEM OPT, the attained degree must be one of the STEMDesignated Degree Programs (see STEM Designated Degree Programs) to determine if thedegree is eligible and the employer must be registered with the government’s”E-Verify” Program.
      
Higher Degree Level
An F-1 student can enroll in a new,higher degree-seeking program at a SEVIS certified university. Note thatstudents may be authorized up to a total of 12 months of full-time practicaltraining at each educational level (e.g., undergraduate, graduate andpost-graduate). The student can also be authorized for Curricular PracticalTraining (CPT) at each new degree level. The CPT option should be exercisedwith caution and discussed by the student with the university’s designatedschool official. In a more recent trend, MU noticed the USCIS narrowly focus on F-1 students and whether thestudent maintained status during period(s) of authorized employment such asCPT.

In the second blog of thisthree-part series, we will discuss the H-1B CAP exemption options includingquota requirements, who qualifies and how some states have designed innovateideas to take advantage of this option.