OnMarch 11, 2016 the USCIS published the rules of a new, expanded STEM ExtensionOPT program.  The new STEM Extension will go into effect Tuesday, May 10,2016.  Among other changes, the program extends the length of the STEMExtension from 17 months to 24 months and that students are now permitted anaggregate of 170 days of unemployment for OPT and the STEM Extension period.  For more information, please visit https://studyinthestates.dhs.gov/

EMPLOYERREQUIREMENTS
Thenew STEM Extension Program requires more from employers.  To employ a student under the new STEMProgram, employers must:
  1. Bean E-Verify employer.  This remainsunchanged from the previous STEM Extension Program.
  2. Paythe student a wage commensurate to similarly situated US workers.  The calculation of this wage should bedocumented in the student’s employment record.
  3. Employthe OPT student for at least 20 hours per week in a position that is directlyrelated to the student’s degree.
  4. Reportany material changes in the student’s employment to the appropriate schoolofficial.  Material changes include: achange in the student’s hours, compensation, worksite, supervisor, or changesto the corporate structure.  Employersmust also report a termination or resignation of employment to the schoolofficial within 5 business days.
  5. Besubject to site visits by USCIS Officers to verify the student’s employment.
  6. Completeand comply with a training plan for the student’s employment.  See below for additional details about thetraining plan.

TRAININGPLAN

TheSTEM Extension Training Plan has four components:
  1. Describethe student’s role.  List specific tasks,give time frames and goals, describe the phases of the student’s training.
  2. Identifythe goals and objectives of the training. State specific skills, techniques, or knowledge the student will gainwhile employed and describe projects or assignments where the student will usethese skills.
  3. Detailthe employer’s oversight of the student. State the frequency with which the student will meet with his/hersupervisor.  Detail how the supervisorwill review or sign off on the student’s work and describe any existingtraining programs in place.
  4. Definethe measures and assessments by which the student will be evaluated.  Detail how the student’s progress will betested.  Note any new technologies orskills which will be learned and keep a journal of or regular reviews ofstudent’s work.

Employer’sCertification 
Form I-983, the Training Plan for STEM OPT Students is available in draft form but has not yet been finalized by the ImmigrationService.  By signing the training plan,the employer confirms:
  1. Employmentis directly related to the student’s degree and achieves the objectives of thetraining program;
  2. Studentwill receive supervision and training by experienced staff;
  3. Employerhas sufficient resources and personnel to provide training to the student;
  4. TheOPT student is not replacing a full- or part-time, temporary or permanent USWorker.  The terms and conditions of thestudent’s employment are commensurate with similarly situated US Workers at thecompany.
  5. Thetraining complies with all applicable federal and state requirements related toemployment.
TRANSITIONRULES
Thereare three primary groups of students impacted by the implementation of the newSTEM Extension Program:

1.  Studentson a 17 month STEM Extension.
  • Thesestudents with 150 days of time left on their OPT can apply for an additional 7months of OPT, giving them the full 24 months of STEM OPT.
  • These7 month requests must be filed between May 10 and August 8.  The request requires a new I-20, I-765, andfiling fee.
  • Ifthe student elects not to ask for the 7 month extension, the student completesthe STEM OPT Period under the old rules.
2. Studentswith a pending STEM Extension on May 10, 2016.
  • Thenew rules apply to the STEM extension request. These students should expect an RFE to be issued requesting a trainingplan and other new requirements. 
  • Byresponding to the RFE the student amends the STEM OPT to the full 24 monthperiod without filing a new request.
3.  Studentson a 12 month OPT.
  • Ifthe OPT expires before May 10, the student should file for the 17 month STEMExtension and expect an RFE (as outlined in #2 above).
  • Ifthe OPT expires after May 10, the student should file by June 1 under eitherSTEM Extension Program – the 17 month or 24 month.
  • Ifthe OPT expires after June 1, the student must file the STEM Extension underthe 24 month program.