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.
