UNT-International

On March 9, 2016, the U.S. Department of Homeland Security (DHS) released a final STEM OPT Rule that significantly expands and changes the STEM OPT Extension. The rule was officially published on Friday March 11, 2016 and will go into effect on May 10, 2016.

Please see the UNT-ISSS presentation on this topic (to the right) and the information and resources below to learn more.

Resources:

Final Rule

STEM OPT Hub Page

Summary of the New STEM OPT Extension Rule - March 22, 2016

On March 9, 2016, the U.S. Department of Homeland Security (DHS) released a final STEM OPT Rule that significantly expands and changes the STEM OPT Extension. The rule was officially published on Friday March 11, 2016 and will go into effect on May 10, 2016. The full ruling is available online here: Federal Register (https://www.gpo.gov/fdsys/pkg/FR-2016-03-11/pdf/2016-04828.pdf)

Summary of the Important Changes in the Final Rule

1. Lengthens the STEM OPT extension period from the current 17 months to 24 months. When combined with the initial 12-month OPT program, a STEM graduate may secure up to 3 years (36 months of OPT). Certain students currently on the 17-month STEM OPT extension will be eligible to request the additional 7 months under the new regulation so that they receive the full 24 months of STEM OPT.
2. The rule increases oversight over STEM OPT extensions by requiring the implementation of formal training plans by employers, adding wage and other protections for STEM OPT students and U.S. workers, and allowing extensions only to students with degrees from accredited schools.
3. Allows students who earn multiple degrees to benefit from two periods of STEM OPT extension based on higher degree levels. Currently, only one STEM OPT period is allowed per lifetime.
4. Clarifies and expands the total unemployment allowable while engaged in OPT and STEM OPT extension. Under the prior rule, a student could be unemployed up to 90 days during the initial OPT 12-month period, and an additional 30 days during the 17-month extension for a total of 120 days. The new rule retains the initial 90-day maximum unemployment period for the first 12 months of OPT and adds 60 days during the 24-month extension for a total of 150 days.
5. Allows certain students to obtain a STEM OPT extension even if the qualifying degree was not his or her most recent degree. The degree must have been earned in the last 10 years, must directly relate to the STEM OPT opportunity, and must have been obtained at a U.S. university that is certified by SEVP and accredited at the time the student applies for the extension.
6. Re-affirms the “cap-gap” benefit for students with expiring OPT and STEM OPT extensions and selected H-1B petitions.
7. The rule is effective May 10, 2016.

UNT F-1 Students Applying for and Engaged in STEM OPT

Students will be subject to additional reporting requirements and must submit extra documentation, including attestations from their employer and a formal Training Plan. This includes:

1. Reporting changes to name, U.S. address, and employment details to UNT-ISSS (International Student and Scholar Services) within 10 days;
2. Completing a mandatory check-in every 6 months confirming their legal name, U.S. address, and employer information; 3. Submitting a formal Training Plan (Form I-983) to UNT-ISSS before the STEM OPT application can be processed. The Training Plan will be filled out and signed by the student and employer. It may need to be submitted to USCIS as a part of the STEM OPT extension filing. It will be subject to DHS review and will be a required part of the immigration record. Failure to submit this will prevent a student from being eligible for the STEM OPT extension.
3. Submitting self-evaluations of the training progress to UNT-ISSS at the 12 and 24 month points in the STEM OPT extension period. The self-evaluations must be signed by the employer and will be subject to DHS review and will be a required part of the immigration record. Failure to submit self-evaluations at the 12 and 24 month points will be considered a status violation.

STEM OPT Employers

Employers will be required to provide training, assist the student in drafting and signing the formal Training Plan and the self-evaluations, be subject to random site visits by DHS, and must sign and submit various attestations. This includes attesting that:

1. The STEM OPT employment terms and conditions (including compensation, hours, duties and benefits) are similar to the terms offered to U.S. workers in similar positions. “Similarly situated U.S. workers” include U.S. workers performing similar duties subject to similar supervision and with similar educational backgrounds, industry expertise, employment experience, levels of responsibility, and skill sets as the student;
2. The employer will report termination or departure of the student on STEM OPT within 5 business days directly to UNT-ISSS;
3. The employer will notify UNT-ISSS regarding any material changes to the Training Plan;
4. The student will receive on-site supervision and training, consistent with the Training Plan, by experienced and knowledgeable staff.

Please Note: The final ruling is 300 pages long. We ask for patience as we are currently reviewing the documentation and evaluating our internal processes. International Student & Scholar Services is committed to making this transition as easy as possible for our current students and we will be working diligently to update our processes to handle these new regulations.

Resources: STEM OPT Hub Page- https://studyinthestates.dhs.gov/stem-opt-hub

UNT Alumni on Post-Completion and STEM OPT:
The International Student and Scholar Services (ISSS) office has received an update regarding the ending of the STEM extension. We are reaching out to you today to bring you up on the latest in regards to this development.
What?   
On December 22, 2015 Department of Homeland Security (DHS) asked the federal courts to delay the ending of STEM OPT from February 12, 2016 to May 10, 2016. This was to allow DHS time to review the over 50,000 comments that they received on the proposed new STEM OPT rule.

On January 23, 2016, the U.S. District Court granted DHS its motion to delay the ending of STEM OPT until May 10, 2016.

What does this mean for you?
As of today (January 25, 2016), the STEM Extension ends May 10, 2016 instead of the original February 12, 2016 date.  

As we are notified of any developments, we will continue to update you. In the meantime, you may continue to file, if eligible, for the STEM OPT Extension if you choose to do so. We recommend that you remain in contact with your employer regarding the developments and to talk about visa/employment options in the event the STEM Extension is eliminated.

The additional 3 months will allow DHS to review comments that were received and have time to implement a new final rule on STEM OPT. We are optimistic that this will happen before the May 10, 2016 deadline.

Original Annoucement from October 1, 2015:
The UNT International Student and Scholar Services (ISSS) office has received questions regarding the August 12, 2015 decision by the United States District Court of Columbia that is affecting STEM OPT.

We are reaching out to you today to bring you up on the latest in regards to this development.

What?
On August 12, 2015, the U.S. District Court for the District of Columbia ruled that the Department of Homeland Security (DHS) did not follow the required procedures when it developed the rule in 2008. Read the court’s August 12, 2015 opinion. Read the court’s August 12, 2015 order.

The U.S. District Court vacated (eliminated) the DHS regulation, but has given DHS 6 months to submit the ruling again, this time with the appropriate notice and comment.

What does this mean for you?
As of today, the STEM Extension ends February 12, 2016.

DHS has not provided any detailed response regarding the ruling up to this point.

The delay of the ruling to February 12, 2016 was to provide time for DHS to comply with the issues that were challenged in court in order to continue the STEM OPT Extension process.

We do know that there is a lot of support for the STEM Extension from the Obama Administration and others in Congress so we are hopeful that DHS will indeed respond to the ruling in order to continue the STEM Extension.

Unfortunately, we do not have many answers at this time. As we are notified of any developments, we will continue to update you. In the meantime, you may continue to file, if eligible, for the STEM OPT Extension if you choose to do so. We recommend that you remain in contact with your employer regarding the developments and to talk about visa/employment options in the event the STEM Extension is eliminated.

Please feel free to contact ISSS with any questions. You can find our contact information and advising hours listed on our homepage: International Student Scholar Services