New Optional Practical Training (OPT) Rules for F-1 Students

The US Department of Homeland Security announced new changes to the OPT benefit for F-1 students effective April 8, 2008. This is a summary of those changes. Links to the additional information appear at the end of this document.

Remember: the government has proposed this policy, but the mechanisms for its implementation are not completely determined, and subject to change!

    Highlights of the new rule:
" There are new rules that apply to all currently enrolled F1 Students on OPT
" There is a new, 17-month extension program, for certain qualifying students
" Students on OPT MUST continue to check their my.emich email account
" New rules for students currently on the 12-month OPT program include changes to:
new form I-765 form, instructions & filing dates available at www.uscis.gov/I-765
  • additional reporting requirements
  • limited period of unemployment
  • H-1B "Cap Gap" protection

"New 17-month extension

  • two main eligibility criteria:
  1. Student must have received a degree in a STEM field (Science, Technology, Engineering, Mathematics)
  2. Student must be working for an employer that is enrolled in the E-Verify system
  • Employer reporting requirements
  • Student reporting requirements
  • $340 application fee
  • Limited period of unemployment
  • H-1B Cap Gap
    • If a student's employer has timely filed an H-1B petition with a requested start date of October 1, s/he may continue working, after the OPT expires, until the H-1B takes effect.
    • If the H-1B petition is rejedcted, denied or revoked during this time, the student must stop working immediately and depart the US within 60 days

      • How are the new rules going to work??? We don't know yet! Stay tuned for updates!!!

    More information can be found at:

    Details on the new rules for students applying for or currently on the12-month initial OPT program

    Details on the new rules for the 17-month extension

    Details on the new H-1B Cap Gap

    For more information on E-Verify http://www.dhs.gov/ximgtn/programs/gc_1185221678150.shtm

    Department of Homeland Security Announcement http://www.dhs.gov/xnews/releases/pr_1207334008610.shtm

    US Citizenship and Immigration Services Q and A http://www.uscis.gov/files/article/OPT_FAQ_4apr08.pdf NAFSA: Association of International Educators Resource on the Interim Final Rule http:/www.nafsa.org/regulatory_information.sec/29_month_opt_rule_update

    Text of Interim Final Rule

    Thanks to NAFSA: Association of International Educators for providing this timely information on the new OPT regulations

    Reviewed 4/22/08

     

     

    On, or before the first day of starting legal employment, you must complete an I-9 form. Click here for detailed information on completing the I-9.

    Office of International Students is a part of the EMU

    Division of Student Affairs

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     




     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

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