The US Citizenship and Immigration Services (USCIS) has recently updated its policy guidelines for Optional Practical Training (OPT) and STEM OPT extensions, bringing significant changes for international students in the US. These updates introduce new rules regarding online learning, grace periods, and eligibility criteria, which directly affect F-1 visa holders seeking practical work experience after completing their studies. Understanding these changes is crucial for international students navigating their post-graduation plans.
One of the most notable changes is the introduction of a 60-day grace period for students whose initial Employment Authorization Document (EAD) for OPT has expired. This grace period offers much-needed flexibility for students to make crucial decisions about their future without the pressure of immediate departure. They can choose to transfer to a different level of study, move to another SEVP-certified institution, or apply for a different visa category. This grace period is particularly beneficial for STEM graduates who are eligible for a 24-month STEM OPT extension. During this extension, the 60-day grace period also applies, giving them additional time to explore job opportunities or pursue further studies.
The updated policy also addresses the use of online learning for F-1 visa holders. Recognizing the growing importance of online education, the policy now allows F-1 students to include one online class or up to three online credits per term as part of their full course of study requirements. This provision offers flexibility for students who want to maintain their visa status while taking advantage of remote learning opportunities.
Another significant change concerns eligibility for OPT. USCIS has clarified that students who have completed an associate degree are now eligible for OPT, previously an ambiguous area. This expansion opens new avenues for gaining work experience in the US and enhances career prospects for students pursuing shorter programs.
The updated policy also simplifies the process of transferring between educational institutions. F-1 students can now transfer between schools certified by the Student and Exchange Visitor Program (SEVP) either at the same level of education or at a higher level. This facilitates easier transitions for students looking to change their field of study or advance to a higher educational level, and helps institutions attract a diverse pool of international students.
The new policy provides more detailed guidance on study abroad programs, emphasizing that students enrolled in SEVP-certified institutions who participate in study abroad programs for less than five months can remain active in the Student and Exchange Visitor Information System (SEVIS). For programs extending beyond five months, students will need to obtain a new Form I-20, a Certificate of Eligibility for Nonimmigrant Student Status. This clarification helps ensure that students do not inadvertently violate visa regulations while pursuing educational opportunities outside the United States.
Finally, USCIS has updated its guidelines on the timing of applications for OPT and STEM OPT extensions. F-1 students must now submit their Form I-765 (Application for Employment Authorization) up to 90 days before the expiration of their current EAD. This adjustment aims to streamline the process and help students avoid delays in employment authorization, ensuring they maintain their legal status without interruptions.
The new USCIS policy changes have significant implications for international students seeking to gain practical work experience after graduation. Understanding these changes, including the new rules on online learning, grace periods, and eligibility criteria, is crucial for F-1 visa holders navigating their post-graduation plans. It is recommended that international students consult with their designated school official or an immigration attorney for comprehensive and personalized guidance.
