New OPT 24 MonthsNew OPT 24 Months

The new OPT 24 month is now available for certain STEM OPT students. For those who already have a 17 months OPT, this slide will actually quickly guide them how to transition.

Do Students on 17 Months OPT Do Students on 17 Months OPT have to transition to 24Month OPT?have to transition to 24Month OPT?

The answer is no. Those who still have a valid 17month OPT, they can actually continue using the 17 month OPT until the EAD is expired. However for those who want to transition to the new 24 months OPT, they have to meet the requirements and follow the guidelines.

Who can transition?Who can transition?

Students who have less than 150 days remaining on their 17-month STEM OPT extension EADs as of the date they file their STEM OPT extension are not covered under the transition plan. The plan also does not cover students who are in their 60-day grace period.

What happens to those who do not What happens to those who do not have 150 days?have 150 days?

These students are ineligible to benefit from the 24-month STEM extension for purposes of practical training associated with their most current degree and are therefore not covered under the transition plan.

To become eligible for the 24-month STEM extension, students who are not covered under the transition plan would need to earn another qualifying STEM degree at a higher educational level.

Those who are on 60 days grace Those who are on 60 days grace periodperiod

If a student anticipates that he or she will enter the 60-day grace period before May 10, 2016, the student should not wait to apply for STEM OPT.

Under both the 17-month STEM OPT regulations and the 24-month STEM OPT regulations, students may not apply for a STEM OPT extension after they have entered the 60-day grace period following the expiration of their period of post-completion OPT. Students interested in obtaining a STEM OPT extension should, therefore, apply for the 17-month STEM OPT extension before their initial period of post-completion OPT expires and follow the respective transition plan that applies to them.

How to Transition or Apply?How to Transition or Apply?

To receive the additional training, 17-month STEM OPT participants must follow these steps prior to August 8, 2016:

Work with your employer to complete the Form I-983, “Training Plan for STEM OPT Students.”

Return the completed and signed Form I-983 to your designated school official (DSO).

Receive a recommendation from your DSO in the Student and Exchange Visitor Information System (SEVIS) for the additional seven months of OPT.

Continue>>

How to Transition?- ContinuedHow to Transition?- Continued

Receive a newly endorsed Form I-20, “Certificate of Eligibility for Nonimmigrant Student Status,” from your DSO.

Submit your application to USCIS in accordance with USCIS instructions and include the Form I-765, “Application for Employment Authorization,” within 60 days of your DSO’s recommendation in SEVIS, the applicable filing fee and the newly endorsed Form I-20.

Respond to any additional requests for evidence from USCIS.

ImportantImportant

Information provided on the slides and videos or podcasts are purely educational. You should not act or refrain to act solely on the information provided. You should contact and attorney if you have any questions.

Feel free to call our law firm at (510) 742 5887 or visit www.PeerallyLaw.com