May 6 OISS Newsletter

OPT Updates

Dear International Students,

OISS would like to notify UST international students of recent changes to Optional Practical Training (OPT) regulations. The OISS staff are currently analyzing the recent updates from the U.S. Citizenship and Immigration Services (USCIS) and consulting with other professionals in our field to ensure that we are providing F-1 students with the most accurate and up-to-date information.

As we continue to update our OPT procedures for UST F-1 students, OISS will be communicating this information in our weekly OISS electronic newsletter which is sent to your St. Thomas email account. We will also continue to update the OISS website along with our OPT forms.

OISS will be offering two OPT sessions to discuss the new OPT regulations and updates. Please attend one of the following OPT sessions if you would like to learn more information about the new OPT updates:

Thursday, May 1 from 1:30 – 2:30 p.m. in OSS 333
(south campus)

Important changes to the standard (12-month)
OPT regulations for F-1 students:

· I-765 filing window. The rule sets new deadlines for filing Form I-765 for post-completion OPT. An I-765 for standard post-completion OPT can be filed up to 90 days before the program end-date and up to 60 days after the program end-date. OISS strongly encourages F-1 students to apply for OPT prior to their degree completion.

· The employer must agree to report the termination or departure of the student to the DSO (OISS Advisor) or through "any other means or process identified by DHS." An employer must consider a worker to have departed when the employer knows the student has left employment, or if the student has not reported for work for a period of five consecutive business days without the employer's consent.

· Starting April 8, 2008 F-1 student can not have an aggregate of more than 90 days of unemployment during the 12 month post-completion OPT period.

· Students can have either paid or unpaid employment (in a job related to their field of study) during 12-month standard OPT.

Important changes to consider before the new 17-month OPT STEM extension can be requested:

S -Science
T - Technology
E - Engineering
M - Mathematics

· Certain STEM Bachelors, Masters, and Doctorate degree students (refer to degree program listed in item #5 of I-20) are the only F-1 students eligible for 29-month OPT. Students who complete certificate programs are NOT eligible for the STEM extension.

The 12-month limit on F-1 Optional Practical Training (OPT) will be extended by 17 months, for a total of 29 months, for certain STEM degree holders (Science, Technology, Engineering, Mathematics) in the following fields:

11.xxxx Computer Science Applications: (except Data Entry/Microcomputer Applications, which are CIP Codes 11.06xx)
14.xxxx. Engineering
15.xxxx. Engineering Technologies.
26.xxxx. Biological and Biomedical Sciences.
27.xxxx. Mathematics and Statistics.
29.xxxx. Military Technologies.
40.xxxx. Physical Sciences.
41.xxxx. Science Technologies.
51.1401 Medical Scientist (MS, PhD). 52.1304. Actuarial Science

· Below are common CIP codes and degree descriptions for UST International Students:

11.0101 Computer and Information Sciences, General
11.0201 Computer Programming/Programmer, General
11.0299 Computer Programming, Other (NEW)
11.0701 Computer Science
11.1003 Computer and Information Systems Security (NEW)
14.0101 Engineering, General
14.0903 Computer Software Engineering (NEW)
14.1001 Electrical, Electronics and Communications Engineering

· Student must be currently participating in a period of standard (12 month) OPT, working for a U.S. employer in a paid job directly related to the student’s major area of study as listed on I-20

· Employer must be an E-verify organization.

· The DSO (OISS Advisor) must recommend the 17-month OPT extension in SEVIS, after verifying the F-1 student's eligibility, certifying that the student's degree is on the STEM Designated Degree Program List, and ensuring that the student is aware of his or her responsibilities for maintaining status while on OPT.

· F-1 student will have to apply for the 17-month extension on Form I-765 with $340 fee.

· Applications for the 17-month STEM extension must be filed before the current EAD expires.

· The 17-month STEM extension may only be used once in a lifetime.

· F-1 students who timely file an application for the 17-month OPT extension will be able to continue employment while the extension application is pending, until a final decision on the I-765 or for 180 days, whichever comes first.

· Starting April 8, 2009 F-1 students granted a 17-month OPT STEM extension may not accrue an aggregate of more than 120 days of unemployment during the total 29-month OPT period.

H1 B Update

H-1B cap-gap extension of D/S and work authorization until October 1. Duration of status (D/S) and work authorization will be extended for an F-1 student on OPT, who is the beneficiary of a timely filed H-1B petition requesting an employment start date of October 1 of the following fiscal year. This would apply to all F-1 students on OPT, not just STEM students. The extension of duration of status and work authorization would automatically terminate upon the rejection, denial, or revocation of the H-1B petition filed on the student's behalf.

Until OISS staff can update our website, OPT forms and advising information, we encourage you to read the current information listed on the NAFSA: Association of International Educators website.

Sincerely,

Deborah Knaust
Director, Office of International Student Services