Skip to Main Content

The University of Tennessee

Center for International Education

Frequently Used Tools:




New OPT Rules for F-1 Students

Updated April 21, 2008

Download this information as a printable PDF

On April 8, 2008, the Department of Homeland Security published an interim final rule that makes significant changes to Optional Practical Training for F-1 students. The rule took effect immediately.

There are several provisions to the new rule

Two of the main provisions include:  

  • OPT extension to a total of 29 months for STEM (Science, Technology, Engineering, Mathematics) students. This extension has other provisions and requirements attached to it. Not all students will qualify for the extension.
  • Elimination of the H-1B “cap gap” and extending the duration of status (D/S) and work authorization for students currently on OPT. Applies to all current OPT students whose employers have filed an H-1B petition on their behalf.

Here is a summary of the new rule:

  • OPT extension to 29 months for STEM students. The current 12 month limit on 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:
    • Actuarial Science
    • Computer Science Applications (except Data Entry/Microcomputer Applications,
    • Engineering
    • Engineering Technologies
    • Biological and Biomedical Sciences
    • Mathematics and Statistics
    • Military Technologies
    • Physical Sciences
    • Science Technologies
    • Medical Scientist (MS, PhD)

There are certain fields that many people would consider as being part of the STEM majors are not being included on the STEM list. The Department of Homeland Security is reviewing comments regarding this issue.

Additional requirements for the 17-month extension

  • The student must be currently on their authorized period of OPT and working for a U.S. employer in a job directly related to the student’s field of study.
  • At the time of the application for the 17-month extension, the student must have a job offer from an employer registered with the “E-Verify” federal employment verification system. See paragraph on “E-Verify” for more information on the system.
  • The student has not previously received a 17-month OPT extension after earning a STEM degree.
  • The student applies for the extension using the form I-765 with the fee (currently $340.00) through the Center for International Education. CIE advisers must recommend the OPT extension and issue a new I-20 with the OPT recommendation noted.
  • The student must file the extension BEFORE the current period of OPT expires. A student who files a timely application is able to continue employment while the extension application is pending, until a final decision is made or for 180 days, whichever comes first.
  • The employer must agree to report the termination or departure of the student to UT’s Center for International Education through "any other means or process identified by DHS."

What Is E-Verify?

E-Verify is an Internet-based system operated by the Department of Homeland Security in partnership with the Social Security Administration.

E-Verify allows participating employers to electronically verify the employment eligibility of their newly hired employees. E-Verify is free and voluntary. However, there are concerns whether employers will want to join E-Verify. Currently, less than one percent of all US employers are enrolled in E-Verify. If an employer joins, the employer will have to verify ALL new employees, including US citizens, in E-Verify. 

There have been reports of significant discrepancies in the databases currently being used that result in verification errors, indicating that a worker is ineligible for employment when that is not accurate. Participating employers must permit visits by Homeland Security and the Social Security Administration to review their employment records and interview employees.

Remember that an F-1 student seeking to extend his/her OPT by 17 months can only do so if at the time of filing, the student is employed by, or has a job offer with, an E-Verify participating employer.

Currently there is not enough information to determine if the E-Verify requirement will have a negative impact on employer participation, and thus prevent many students on OPT in STEM fields from seeking the 17-month extension.

For more information on E-Verify, visit:

http://www.dhs.gov/ximgtn/programs/gc_1185221678150.shtm

New filing deadlines for OPT applications

Currently a student applying for post-completion OPT must file the application before their degree completion date. Under the new rule, a student will be able to file the OPT application up to 90 days before the degree completion date, and up to 60 days after the degree completion date. However, the application must be submitted to the USCIS within 30 days of the date the CIE enters the recommendation for OPT in SEVIS.

Note: CIE strongly cautions students against applying for OPT after completion of the degree program because students may end up with less than 12 months of OPT due to the processing time. In order to recommend OPT during the grace period, CIE must contact the SEVIS Help Desk to request a “work-around” method which will also add to the delay in the OPT application process.

Duration of OPT period

The start date for the OPT Employment Authorization Document (EAD) will be the date requested or the date the OPT is approved by USCIS, whichever is later.

However, there is one exception: The employment authorization period for the 17-month OPT extension begins on the day after the expiration of the initial post-completion OPT employment authorization, and ends 17 months later, regardless of the date the actual extension is approved.

Reporting requirements for students and employers while on OPT

All students on OPT MUST report the following information to the CIE:

  • Any change of name or address
  • The name and address of the employer
  • Any change in name and address of the employer
  • Any interruption of such employment

Additionally, students with an approved 17-month OPT extension must report to the CIE within 10 days of any change of:

  • Any change of name
  • Any change in residential or mailing address
  • Any change of employer name and address
  • Any loss of employment

Students with an approved 17 month extension are required to make a validation report to the CIE every six months starting on the date the extension begins and ending when the OPT period ends. The validation is a confirmation that the student’s name and address, employer name and address, and/or loss of employment is current and accurate.

The employer of a student with an approved 17 month extension must agree to report the termination or departure of the student to CIE or through “any other means or process identified by the Department of Homeland Security.”

F-1 status is dependent upon employment

  • During post-completion OPT, students may not accrue an aggregate of more than 90 days of unemployment during any post-completion OPT carried out under the initial post-completion OPT authorization. This provision DOES NOT apply to students whose OPT were approved before April 08, 2008 (when the rule was published).
  • Students granted a 17-month OPT extension may not accrue an aggregate of more than 120 days of unemployment during the total 29 month OPT period.

H-1B cap-gap extension of D/S and work authorization until October 1

The H-1B “cap-gap” occurs when a F-1 student’s status and OPT work authorization expires during the current fiscal year before the student can start approved H-1B employment during the next fiscal year that begins on October 1.  For example, a student whose OPT ending date is July 16, 2008, and whose employer successfully files an H-1B petition for a job that is subject to the H-1B “cap” and starts October 1 currently needs to stop employment as of July 16, and depart the United States on September 15 (the last day of the 60-day grace period following OPT).  While outside the United States, the student must then obtain an H-1B visa, and cannot re-enter the United States any sooner than 10 days prior to the H-1B start date.

Under the new rule, a student currently on OPT who is the beneficiary of a timely-filed H-1B petition that requests an employment start date of October 1 of the following fiscal year will have his or her duration of status and OPT employment authorization automatically extended to that date. This would apply to all students on OPT, not just STEM students. If the H1B petition is ultimately rejected, denied or revoked, the extension of duration of status and work authorization would automatically terminate.

On April 18, USCIS announced that they will allow F-1 students the opportunity to request change of status in lieu of consular notification. This means that if a student’s employer filed an H-1B petition on his/her behalf through consular notification can now request that the petition be “switched” to change of status so that the student can benefit from the new “cap gap” provision. Contact your employer or attorney to discuss this immediately!