Optional Practical Training Interim Final Rule

On April 4, 2008, the Department of Homeland Security issued an interim final rule extending the period of Optional Practical Training (OPT) from 12 to 29 months for qualified F-1 non-immigrant students. The extension will be available to F-1 students with a degree in science, technology, engineering, or mathematics who are employed by businesses enrolled in the E-Verify program.

To be eligible for an Optional Practical Training extension, an F-1 non-immigrant student must:

• Currently be participating in a 12-month period of approved post-completion Optional Practical Training;
• Have successfully completed a degree in science, technology, engineering, or mathematics (STEM) included in the DHS STEM Designated Degree Program List from a college or university certified by the U.S. Immigration and Customs Enforcement’s Student and Exchange Visitor Program;
• Be working for a U.S. employer in a job directly related to the student’s major area of study;
• Be working for, or accepted employment with, an employer enrolled in U.S. Citizenship and Immigration Services’ E-Verify program. E-Verify is a free, Internet-based system operated in partnership with the Social Security Administration that helps employers to determine the employment eligibility of newly-hired employees; and
• Properly maintain F-1 status.

Interim Final Rule

• Optional Practical Training Interim Final Rule

Comment Period

The comment period on this rule closed on June 9, 2008. View the rule and posted comments at regulations.gov. Reference Docket # ICEB-2008-0002.