STEM OPT ExtensionApril 1, 2020

STEM OPT Info on OIS website:

In this presentation:

• Eligibility Criteria

• Application Process

• Application Timeframe

• Reporting Requirements

• International Travel

STEM

OPT

• STEM OPT is a 24-month extension of a post-completion OPT for F-1 students who have a qualifying STEM degree.

• Only eligible F-1 students who are on active post-completion OPT can apply for STEM OPT.

• If your STEM OPT application is filed on time, your F-1 status and OPT employment authorization will be automatically extended for up to 180 days, until USCIS makes a decision on your application.

• If your STEM OPT is approved, you will receive a new Employment Authorization Document (EAD) card.

STEM OPT Eligibility Criteria: Student

You must be an F-1 student on active 12-month post-completion OPT;

You must have a qualifying STEM degree that serves as basis for your current OPT (or a previously obtained STEM degree).

• A qualifying STEM degree means that the CIP Code of your major must appear on DHS’s STEM Designated Degree Program List.

Find your Major’s CIP Code on your I-20

STEM OPT Eligibility Criteria: Student

Check if your major’s CIP Code is on STEM Designated Degree Program List

https://www.ice.gov/sites/default/files/documents/Document/2016/stem-list.pdf

STEM OPT Eligibility Criteria: Student

Current vs Previous STEM Degree

The qualifying STEM degree must either

• serve as basis for your current OPT

OR

• be your previous degree earned at an accredited and SEVP-certified U.S. educational institution within 10 years

STEM OPT Eligibility Criteria: Student

Other Eligibility Requirements

• You may only be eligible for one STEM OPT extension per qualifying STEM degree;

• You may become eligible for another STEM OPT extension by completing another degree at a higher level;

• The second STEM OPT extension must be preceded by another 12-month post-completion OPT;

• You may NOT have more than two STEM OPT extensions in total.

STEM OPT Eligibility Criteria: Student

STEM OPT Eligibility Criteria: Job

• You must have a job offer from a STEM OPT eligible employer

• Your job must be directly related to your degree that serves as basis for your STEM OPT;

• Your job must be paid;

• Your job must be at least 20 hours per week, excluding authorized leave time;

• Your job must be based on a bona fide employer-employee relationship.

• Student and Employer must complete the STEM OPT Training Plan (Form I-983).

STEM OPT Eligibility Criteria: Employer

• Employer must be enrolled in E-Verify & have Employer Identification Number (EIN);

• Employer must have and maintain a bona fide employer-employee relationship with the student.

• Employer must complete the STEM OPT Training Plan (Form I-983) for the student;

Bona Fide Employer-Employee Relationship To establish a bona fide relationship, the employer may not be the student’s

“employer” in name only, nor may the student work for the employer on a “volunteer” basis.

Employer that signs the STEM OPT Training Plan (Form I-983) must be the same entity that employs the student and provides the practical training experience.

An employer must have sufficient resources and trained or supervisory personnel available to provide appropriate training in connection with the specified training opportunity at the location(s) where the student’s practical training experience will take place, as specified in the Form I-983.

https://www.uscis.gov/working-united-states/students-and-exchange-visitors/students-and-employment/stem-opt

Bona Fide Employer-Employee Relationship (continued)

Employer may NOT assign, or otherwise delegate, its training responsibilities to a non-employer third party (e.g. a client/customer of the employer, employees of the client/customer, or contractors of the client/customer).

Student’s supervisor may be either an employee of the employer, or contractor who the employer has directly retained to provide services to the employer.

Student’s supervisor may NOT be an employee or contractor of the employer’s clients or customers.

Form I-983 = STEM OPT Training Plan

• Must be completed and signed by student and employer

• Must be submitted to DSO (designated school official), i.e. OIS

• Should not be included in your STEM OPT application to USCIS

• Will be presented for DHS review if ever requested

• More detailed information about Form I-983 is available at https://studyinthestates.dhs.gov/form-i-983-overview

Form I-983 = STEM OPT Training Plan

STEM OPT Application Process

Obtain a new I-20 from OIS

Send your application to USCIS

Wait for Receipt Notice from USCIS

Step I: Obtain I-20 from OIS

Make sure your employment information in the SEVP Portal is up to date;

Complete and submit to OIS Form I-983 (only pages 1-4);

Complete and submit to OIS the 24-Month STEM OPT Request Form;

Pay the STEM OPT maintenance fee ($200) and submit the payment receipt to OIS.

The detailed procedures are provided on our STEM OPT webpage.

STEM OPT Application Process

Step II: Send Your Application to USCIS Form G-1145 (for electronic notification) Form I-765 (review OIS Guidelines for Completing Form I-765) Check or money order for $410 (filing fee) Two identical color passport-style photographs (2″ x 2″) taken within 30 days

of filing date. Copy of your new I-20 issued by OIS in support of your STEM OPT application Copy of your current and previously issued EAD(s) (front and back). Copy of your diploma and/or transcripts (must show your graduation date and

degree name, unofficial transcript is fine) Copy of your most recent I-94 record Copy of your F-1 visa Copy of your passport (ID and expiration page, must be valid for at least 6

months into the future) Any other documents as may be recommended by your attorney or HR

representative.

Please review our STEM OPT page for details.STEM OPT Application Process

Application Timeframe

USCIS must receive your STEM OPT application:

• before your current EAD expires,

• but no sooner than 90 days before the EAD expiration date, and

• within 60 days of the I-20 issuance.

Our I-20 processing time is up to 10 business days.

Please do not submit your materials for a STEM OPT I-20 earlier than 104 days prior to your EAD expiration date!

The 180-day Extension• If USCIS receives your STEM OPT application within the application timeframe, your F-1

status and OPT employment authorization will be automatically extended for up to 180 days.

• This automatic extension will stop as soon as USCIS makes a decision on your application.

o If your STEM OPT is approved, you will receive a new EAD card and will be able to continue employment under this EAD.

o If your STEM OPT is denied, you will receive a denial notice. If you receive a denial notice, you will need to stop your employment immediately. You will have a 60-day grace period to leave the U.S.

• According to the regulations, your expired EAD presented together with the I-20 issued in support of your STEM OPT application will serve as proof of your employment eligibility while your application is pending with USCIS

• Many employers require that student have a Receipt Notice from USCIS to continue employment after the initial EAD expires

STEM OPT Application Timeframe

STEM OPT Reporting Requirements• Periodic reports:

o Data validation (every 6 months)o Self-evaluations (every 12 months)

• End of employment:o Submit a final self-evaluation (within 10 days).

• New employer:o Submit new Form I-983 and New Employer form (within 10 days).

• Material changes to Form I-983:o Submit an updated Form I-983 (at the earliest available opportunity).

Please review our STEM OPT page for details.

Periodic Reports1) Data Validation: every 6 months (total of 4)

Complete our online OPT Validation form

2) Self-Evaluation: every 12 months (total of 2: annual & final)

Complete page 5 of Form I-983

Use our STEM OPT Calculator to check your reporting windows!

STEM OPT Reporting Requirements

STEM OPT Reporting Requirements

Material Changes to Form I-983https://studyinthestates.dhs.gov/employers-stem-opt-reporting-requirements

Material changes or deviations from the original Form I-983 may include, but are not limited to:

• Any change of Employer Identification Number resulting from a corporate restructuring.

• Any reduction in student compensation that is not tied to a reduction in hours worked.

• Any significant decrease in hours per week that a student engages in a STEM training opportunity.

• Changes to the employer’s commitments or student’s learning objectives as documented on the Form I-983.

Unemployment Limit

• Students are allowed to have up to 150 days of unemployment over the entire OPT period, the initial 12-month post-completion OPT and the STEM OPT extension combined.

• Not more than 90 days of unemployment can be used during the initial 12-month OPT, and additional 60 days of unemployment are granted for STEM OPT.

STEM OPT & International Travel

1. If your STEM OPT is pending, and you still have a valid, unexpired EAD card issued for initial post-completion OPT:

At the port of entry to the U.S. you will need to have:

• Most recent I-20 endorsed for travel within the last 6 months*• EAD card issued for post-completion OPT (unexpired)• Passport (valid for at least 6 months into the future)• Valid F-1 visa• Proof of employment (e.g. a job offer)• Receipt Notice from USCIS that your STEM OPT application is being

processed

2. If your STEM OPT is pending and your EAD card has expired:

We do not recommend that you travel as there may be an increased risk of complications at the port of entry!

However, if you decide to travel, make sure you have:

• Most recent I-20 endorsed for travel within the last 6 months*• EAD card issued for post-completion OPT (expired)• Passport (valid for at least 6 months into the future)• Valid F-1 visa• Proof of employment (e.g. a job offer)• Receipt Notice from USCIS that your STEM OPT application is being processed

STEM OPT & International Travel

3. If your STEM OPT has been approved:

At the port of entry to the U.S. you will need to have:

• Most recent I-20 endorsed for travel within the last 6 months*• EAD card issued for STEM OPT• Passport (valid for at least 6 months into the future)• Valid F-1 visa• Proof of employment (e.g. a job offer)• If STEM OPT start date hasn’t yet arrived and you’re still in the period of post-

completion OPT, EAD card issued for post-completion OPT

STEM OPT & International Travel

Please review our webpages:

STEM OPT & STEM OPT FAQ

For STEM OPT inquires, please contact Irina Glabuchek @ iglabuc@ncsu.edu