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Interim Final Rule Extending OPT for Certain F-1 Students and Cap Gap Relief for F-1 Students with Pending H-1B Petitions
U.S. Immigration and Customs Enforcement has issued an Interim Final Rule extending the maximum period of Optional Practical Training (OPT) from 12 months to 29 months for certain F-1 students. To qualify, the student must have completed a degree in science, technology, engineering, or mathematics, and must accept employment with an employer enrolled in the USCIS’ E-verify employment verification program. Students must request that their DSO recommend the extension of OPT time, and they must file form I-765 for an Employment Authorization Document covering the extended OPT time. However, an F-1 student who has a properly filed form I-765 prior to the current end date of OPT is allowed to maintain continuous employment for up to 180 days while USCIS adjudicates the EAD extension request. If the student ceases employment with the employer, the employer must report this fact to the student’s school DSO officer within 48 hours.
The rule also provides relief for the “cap-gap” problem by extending the stay of all F-1 students who have a properly filed H-1B petition and change of status request, filed under the cap for the next fiscal year. If USCIS approves the H-1B petition the student will have an extension enabling him/her to remain in the USA until the requested H-1B start date takes effect.
The rule also makes the following changes affecting the OPT program:
F-1 students will now be allowed to apply for post-completion OPT during the 60-day departure preparation period.
The maximum amount of time a student may be unemployed during a 12-month OPT period is 90 days. This maximum is increased by 30 days for students with an approved 17 month extended OPT period.
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