Certain F-1 students who are currently authorized for post-completion OPT may qualify to apply for a 24-month extension of that OPT authorization, bringing the total OPT available to 36 months. Students should read the information below thoroughly, which includes:
- Eligibility for STEM OPT Extension Authorization
- Application Process for the STEM OPT Extension
- Completing the Form I-983 Training Plan
- Tips for completing the online I-765 application
- Timeline for submitting the application
- Student Responsibilities during the STEM OPT Extension
- STEM OPT Employer Site Visits
STEM OPT Extension Resources
Study in the States has a number of useful resources on their STEM OPT Extension Hub; their STEM OPT Reporting Requirements chart is particularly helpful.
Eligibility for STEM OPT Extension Authorization
The STEM extension may be requested on the basis of the most recent degree earned from Notre Dame if the following conditions are met:
The student must:
- have been conferred a degree included in list of STEM-designated majors at Notre Dame.
- be currently participating in a regular period of Post-completion OPT and maintaining all requirements.
- have completed and signed the Form I-983 Training Plan
- have a Form I-20 with STEM OPT Recommendation from ISSA
- File the I-765 application for STEM OPT (c)(3)(C) with USCIS before the expiration date of the current post-completion OPT as indicated on the EAD card
- not have been granted more than one STEM OPT authorization in the past
The employment must:
- be full-time (defined by immigration regulations as more than 20 hours per week)
- have an employer that participates in the E-Verify program (check the E-verify list)
- not be self-employment; the student must have a supervisor, and the supervisor must be an employee of the company
- have a completed Form I-983 Training Plan signed by both the student and employerf
PLEASE NOTE: CIP codes are used for many purposes and are tied to Department of Education filings. They cannot be artificially changed to meet STEM OPT eligibility.
More information about the requirements of the bona fide employer-employee relationship can be found on USCIS' site here.
The E-Verify Program
STEM eligible employers must be participating in the DHS E-Verify program, which is available to employers in all 50 states, the District of Columbia, Puerto Rico, Guam, and the U.S. Virgin Islands. Students can check the E-verify list to learn if their employer is registered with E-verify, but they should also contact their employer to confirm and obtain their E-Verify number.
Special note: if a student launched a business through the ESTEEM program, the IDEA Center, or Innovation Park, they are not eligible to use the Notre Dame E-verify number. Their business must have its own E-verify number to report on the I-765 application.
Timeline for Submitting STEM OPT Extension Application
There are a few deadlines to consider with the OPT STEM Extension Process:
- The OPT STEM Recommendation from ISSA is only valid for 60 days.
- For those filing by mail, the student signature on the paper Form I-765 is only valid for 30 days.
- Students must apply for STEM OPT before current OPT EAD expiration date.
- USCIS can receive the OPT STEM Extension application up to 90 days before current OPT EAD expires.
Once ISSA creates your new Form I-20 with the OPT STEM extension recommendation, that I-20 and Recommendation are valid for 60 days. If you find that you must delay the application more than 60 days after the I-20 was signed by an advisor, it is important that you contact ISSA for assistance. USCIS will reject an application if the OPT request in SEVIS is more than 60 days old on the date it is received.
USCIS must receive your extension application no sooner than 90 days before your current OPT end date, but no later than that current OPT authorization end date.
While USCIS must receive your application before your OPT ends, it is not necessary for your extension application to be approved before the expiration of your current EAD card.
If your EAD card expires while your application is pending, your OPT authorization is automatically extended to allow time for processing. You may continue to work while the application is being processed for up to 180 days. It is not necessary to obtain documentation from ISSA for this timeframe.
STEM OPT EMPLOYER SITE VISITS
Since the 24-month STEM OPT rule became effective in May 2016, the Department of Homeland Security has had the authority to conduct site visits of any STEM OPT employers, either randomly or for cause.
DHS has advised that the purpose of the site visits is to ensure that STEM OPT program requirements are being met, including that the employer possesses and maintains the ability and resources to provide structured and guided work-based learning experiences consistent with the Training Plan for STEM OPT Students on the Form I-983, to confirm that the employer is complying with the Training Plan, and that the employer is adhering to all applicable regulatory provisions that govern the STEM OPT program.
To better understand the scope of a DHS STEM OPT employer site visit by DHS, you can review the preamble of the 24-month STEM OPT Rule or the Study in the States Employer Site Visits page. Additional information about STEM OPT can also be found on the USCIS website.