Release Date: April 4, 2008
For Immediate Release
Office of the Press Secretary
Contact: 202-282-8010
Optional Practical Training Interim Final Rule (PDF, 48
pages - 2.9 MB)
The U.S. Department of Homeland
Security released today 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.
“This rule will enable businesses
to attract and retain highly skilled foreign workers, giving U.S.
companies a competitive advantage in the world economy,” said
Homeland Security Secretary Michael Chertoff. “By extending the
training period by an additional 17 months to students who are
employed by businesses enrolled in E-Verify, we are further ensuring
a legal workforce in the U.S. and aiding good corporate citizens.”
Another aspect of the rule responds
to the situation in which an F-1 student’s status and work
authorization expires before he or she can begin employment under
the H-1B visa program. The interim final rule addresses this problem
by automatically extending the period of stay and work authorization
for all F-1 students with pending H-1B petitions. The rule will also
implement certain programmatic changes, including allowing students
to apply for OPT within 60 days of graduation.
To be eligible for an OPT
extension, an F-1 non-immigrant student must:
- Currently be participating in
a 12-month period of approved post-completion OPT;
- 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.
The interim final rule and
additional information on the H-1B program is available at
http://www.dhs.gov.
