The U.S. Citizenship and Immigration Services (USCIS) has recently updated its guidelines for students on Optional Practical Training (OPT) and those holding F or M visas. These changes are especially important for STEM students and offer more clarity on issues like online classes, school transfers, grace periods, and study abroad programs. Here’s a breakdown of the key updates.
Key Updates in the New USCIS Guidance
1. Online Classes and Distance Learning
Students can now count one online class (or three credits, or the equivalent) per academic term toward their full course load without affecting their full-time student status. This means you can take one online course, even if it’s distance learning, as long as no in-person attendance is required.
2. School Transfers and Changing Educational Levels
The new guidelines allow students to transfer between schools that are certified by U.S. Immigration and Customs Enforcement (ICE) under the Student and Exchange Visitor Program (SEVP). This applies whether you’re:
- Transferring within the same academic level (e.g., from one bachelor’s program to another).
- Advancing to a higher level (e.g., from a bachelor’s degree to a master’s program).
3. Grace Period Flexibility After OPT
After completing your OPT, you now have a 60-day grace period to make changes. During this time, you can:
- Change your education level.
- Transfer to another SEVP-certified school.
- Apply for a change of visa status.
This added flexibility helps you decide what steps to take next after completing your OPT.
4. Eligibility for Post-Completion OPT
The new rules clarify that students are eligible for post-completion OPT after completing any level of degree, including:
- Associate’s
- Bachelor’s
- Master’s
- Doctoral programs
This broadens the opportunity for students in different academic stages to gain valuable practical work experience in their field.
5. Timing for STEM OPT Extensions
The guidelines also correct the timing for applying for STEM OPT extensions and make other technical adjustments. It’s important to apply within the specified timeframe to maintain your work authorization after your initial OPT period ends.
6. Study Abroad Program Guidelines
If you’re enrolled in an SEVP-certified school and plan to study abroad, the new guidance clarifies that:
- You can remain active in the Student and Exchange Visitor Information System (SEVIS) if your study abroad program lasts less than five months.
- If your study abroad program lasts more than five months, you will need a new Form I-20 (Certificate of Eligibility for Nonimmigrant Student Status) to continue your studies and maintain your status.
When Do the Updates Take Effect?
These updates went into effect on August 27, 2024, and apply to any pending or new requests filed on or after this date. If you’re currently navigating your OPT options or planning your academic future, these updates could affect your decisions.
Important Deadlines for OPT and F/M Visa Holders
For F-1 visa holders, Optional Practical Training (OPT) is a vital opportunity to gain work experience in the U.S. related to their field of study. Understanding the key deadlines and requirements is crucial for a successful application.
- Application Window: Students can apply for OPT up to 90 days before and 60 days after their program completion date. For example, if a student completes their program on December 20, they can apply as early as September 21 and as late as February 18 of the following year.
- Form I-765 Submission: Form I-765, Application for Employment Authorization, must be submitted within 30 days of receiving the OPT recommendation on Form I-20 from the Designated School Official (DSO) and must be received by USCIS within the application window mentioned above.
- STEM OPT Extension: For those eligible for the STEM OPT extension, applications must be submitted before the expiration of the current OPT EAD. USCIS must receive these applications no later than 60 days after the DSO has signed the new Form I-20 recommending the extension.
Importance of Timely Filing
Timely filing is essential to maintain employment authorization. If an application is not submitted within the specified time frames, students risk losing their eligibility for OPT or STEM OPT extensions. Furthermore, if a STEM OPT application is filed on time but pending when the current OPT expires, students may benefit from an automatic 180-day extension of their employment authorization.
Travel Guidelines for F/M Visa Holders on OPT
Traveling outside the U.S. while on OPT comes with specific guidelines and risks.
Updated USCIS Guidelines
Traveling While on OPT: Students on OPT are allowed to travel internationally; however, they must carry essential documents such as:
- A valid passport
- A valid F-1 visa
- An unexpired Employment Authorization Document (EAD)
- A job offer letter or proof of employment.
Risks Associated with Travel: There are inherent risks when traveling abroad during OPT, including:
- Potential difficulties re-entering the U.S.
- Issues regarding visa status or employment authorization if there are changes in employment or if the EAD has expired during travel.
Recommendations for International Travel
Students planning international travel should consider:
- Consulting their DSO before departure.
- Ensuring all documents are up-to-date.
- Being aware of current travel restrictions or changes in immigration policies that may affect re-entry.
Changes to Reporting Requirements for OPT Students
Recent updates have altered reporting requirements for students on OPT.
- Employer Information: Students must report any changes in employer information, job updates, or changes in address within 10 days of such changes occurring.
- Reporting Process: Changes should be reported through SEVIS (Student and Exchange Visitor Information System), and students should maintain documentation to support their reports.
Consequences of Non-Compliance
Failing to comply with reporting requirements can lead to severe consequences, including termination of OPT status and potential difficulties in future immigration applications.
How to Maintain Status During OPT
Maintaining legal status during OPT involves adhering to specific guidelines.
Guidelines for Maintaining Status
- Employment Related to Field of Study: Students must work in positions directly related to their major area of study.
- Unemployment Limits: Students are allowed a maximum of:
- 90 days of unemployment during regular post-completion OPT.
- 150 days during STEM OPT extensions.
Steps if at Risk of Losing Status
If a student approaches these unemployment limits:
- They should actively seek employment related to their field.
- Consider reaching out to their DSO for guidance on maintaining status.
How Recent USCIS Updates Affect OPT Students Seeking H-1B Visas
Recent updates have implications for students transitioning from OPT to H-1B visas.
Changes Affecting Transition to H-1B
- Timeline Connection: The timing of applying for H-1B visas is crucial as it often coincides with the end of the OPT period. Students should plan accordingly to ensure they file during the H-1B cap-subject filing season.
- Registration and Filing Procedures: Updates clarify that students on OPT must ensure timely registration and adherence to filing procedures for H-1B applications, particularly concerning deadlines set by USCIS.
Work Authorization for F/M Visa Holders During OPT
Recent updates have also affected work authorization rules for students on OPT.
Clarifications on Work Authorization
- Changing Employers: Students may change employers while on OPT; however, they must ensure that new employment meets all relevant requirements related to their degree field.
- Self-employment and Freelancing: Self-employment is permitted during OPT, provided it is directly related to the student’s field of study and they comply with all reporting requirements.
- Employer-Specific Rules: Students should remain aware of employer-specific work authorization rules that may apply depending on their circumstances.
How to Apply for OPT: Step-by-Step Guide with USCIS Updates
Applying for Optional Practical Training (OPT) is a critical step for F-1 visa students seeking work experience in the U.S. This guide outlines the updated procedures, important tips, and timelines for a successful application.
Eligibility Check: Ensure you meet the following criteria:
- You must have been enrolled full-time for at least one academic year.
- You must be in valid F-1 status and eligible for graduation.
- You cannot have previously completed OPT at the same degree level.
Request an OPT I-20:
- Contact your Designated School Official (DSO) to request a new Form I-20 that recommends OPT.
- Provide necessary documentation, including proof of graduation eligibility.
- The DSO will process your request and issue the OPT I-20 within approximately 10 business days.
Prepare Your Application:
- Complete Form I-765, Application for Employment Authorization.
- Gather supporting documents, including:
- A valid passport copy
- A recent passport-style photo
- Your most recent Form I-94
- Any previous EAD cards (if applicable).
Submit Your Application:
- Submit your application to USCIS either online or by mail. Online submission is strongly recommended for efficiency.
- Ensure USCIS receives your application within 30 days of the DSO’s recommendation date on your OPT I-20 and before the end of your 60-day grace period after program completion.
Pay the Filing Fee:
As of April 1, 2024, the filing fee for Form I-765 will be $470 for online submissions and $520 for paper submissions. Ensure you pay the correct amount to avoid application denial.
Important Tips for a Successful Application
- Avoid Common Mistakes:
- Double-check that you have received your OPT I-20 before filing Form I-765; submitting without it will lead to denial.
- Review all documents thoroughly before submission and maintain copies for your records.
- Timeline Awareness:
- Plan to apply at least 90 days prior to your program completion date but no later than 60 days after completing your program.
- Understand that USCIS processing times can take approximately 3-4 months, so early submission is beneficial.
USCIS Guidelines on OPT Extensions for Non-STEM Majors
Recent updates from USCIS have clarified options available for non-STEM students seeking OPT extensions.
Types of Extensions Available
- Standard OPT Extension: Non-STEM majors are generally not eligible for a formal extension beyond the standard 12 months of OPT.
- Eligibility Criteria:
- Students must maintain their F-1 status and comply with reporting requirements during their initial OPT period.
- Some programs may offer alternative pathways or internships that extend practical training opportunities.
Impact on Non-STEM Students
These changes mean non-STEM students need to be proactive in securing employment during their initial OPT period, as they will not have the option to extend their authorization through STEM-related benefits.
Options After OPT: Understanding Pathways to H-1B, Green Card, or Other Visas
After completing OPT, students should explore various visa options to continue their stay in the U.S.
H-1B Visa:
Students on OPT can participate in the H-1B lottery, which allows employers to sponsor them for specialized work positions.
Recent updates indicate that students should prepare early and ensure they meet all eligibility requirements before applying.
Transitioning to Other Visas or Green Cards:
Students may explore other employment-based visas or family-sponsored Green Cards depending on their circumstances.
Consulting with an immigration attorney can provide tailored guidance on transitioning from OPT to permanent residency options.
Implications of USCIS Updates for Students on F/M Visas with Pending Applications
Students whose OPT applications are pending or were recently rejected should be aware of how recent updates might affect them.
Guidance for Pending Applications
- Pending Applications: If your application is pending beyond typical processing times, contact USCIS or your DSO for updates and potential next steps.
- Rejection Consequences: If an application is rejected, students may need to consider reapplying or exploring other visa options within their grace period.
Options During Grace Periods
Students in a grace period after rejection should actively seek alternative employment opportunities or consider enrolling in further studies to maintain legal status in the U.S.
Consequences of Non-Compliance with New OPT Guidelines
Failure to adhere to updated guidelines can lead to serious repercussions.
Risks of Non-Compliance
- Loss of Employment Authorization: Not following reporting requirements or exceeding unemployment limits (90 days during regular OPT) can result in losing work authorization.
- Visa Status Issues: Non-compliance can jeopardize future visa applications or adjustments of status, leading to potential deportation proceedings if not addressed promptly.
- Penalties for Reporting Failures: Students must report any changes in employment or personal information within 10 days; failure to do so may lead to penalties or loss of status.
How Law and Visas Can Help?
At Law and Visas, our team of expert immigration consultants is here to make your travel to the U.S. straightforward and successful. Whether you’re applying for an F-1 Visa or an M-1 Visa, we handle every step—from preparing your application to gathering the required documents.
Our Immigration Consultants and Lawyers ensure that your application meets the highest standards, with no details missed. We’ll also keep you informed throughout the process and coordinate with the immigration office or embassy on your behalf.
Law and Visas has a strong record of helping clients secure the visas/permits they need to visit the United States. You can call us today at +234 812 5505 986 to learn how we can help you.
