Graduates with a degree in the field of science, technology, engineering, or mathematics (STEM), may receive an extension of their Optional Practical Training (OPT) authorization for 24 months. This authorization is in addition to the 12-month post-completion OPT.  In order to be eligible for this extension, the graduate must have a degree (bachelor, master, or doctoral degree) in a certain STEM field and must be working in a job or have a job offer related to the field of study. An F-1 student may be eligible for up to two STEM OPT extensions based on two STEM degrees at different degree levels in his/her lifetime. The student also has the ability to apply for a STEM OPT Extension based on a previously earned STEM degree from an accredited U.S. institution within 10 years under which the student has not previously applied for STEM OPT Extension.

The Department of Homeland Security (DHS) maintains a list of fields that fall within the regulatory definition of “STEM field” for the purpose of the 24-month STEM OPT. 8 CFR 214.2(f)(10)(ii)(C)(2)(i) states as follows:

“The term “science, technology, engineering or mathematics field” means a field included in the Department of Education’s Classification of Instructional Programs taxonomy within the two-digit series or successor series containing engineering, biological sciences, mathematics, and physical sciences, or a related field. In general, related fields will include fields involving research, innovation, or development of new technologies using engineering, mathematics, computer science, or natural sciences (including physical, biological, and agricultural sciences).”

The U.S. Department of Education’s National Center for Education Statistics (NCES) developed the numerical taxonomy used to categorize and report the field of study offered by educational institutions in the United States. This numerical taxonomy is called the Classification of Instructional Programs (CIP). CIP codes have a range of specificity in classifying fields of study, with designations from two digits to six digits. A two-digit code encompasses everything within that field of study, while four-digit and six-digit codes break down the field into more specific subcategories.

DHS uses CIP codes to identify the STEM degrees that are eligible for the 24-month STEM OPT extension. DHS has determined a “STEM field” is a field included in the Department of Education’s CIP taxonomy within the two-digit series containing engineering (CIP code 14), biological sciences (CIP code 26), mathematics (CIP code 27), physical sciences (CIP code 40) or a related field. In general, related fields will include fields involving research, innovation, or development of new technologies using engineering, mathematics, computer science or natural sciences (including physical, biological and agricultural sciences). Therefore, DHS may consider a degree to be a STEM field even if it is not within the CIP two-digit series for the four identified course areas and may designate CIP codes meeting the definition at the two-, four- or six-digit level.

An F1 student may check and verify their eligibility for STEM OPT by checking the CIP code number listed on page one (1) of his/her Form I-20, Certificate of Eligibility for Nonimmigrant Student Status, document is listed on the STEM-Designated Degree Program List. Form I-20 is a crucial document for international students. Form I-20 is a crucial document for international students. It lists essential information such as the student’s program of study, designated school, and the CIP code. As discussed above, STEM eligibility is not determined by degree name, instead the determination is made by the CIP code number.

Each university or department inside of the university designates its degree programs and codes with a specific CIP code according to its policy. They make these designations by comparing their degree program and CIP code descriptions, instead of solely the code.

Recently, we have seen and it has been reported by American Immigration Lawyers Association (AILA), the United States Citizenship and Immigrations Service (USCIS) has been issuing Request for Evidence (RFEs), Notices of Intent to Deny (NOID) as well as denials regarding STEM OPT applications questioning the applicant’s CIP on their Form I-20. USCIS is raising the question whether the student’s degree qualifies as a STEM degree solely based on the CIP classification code. For example, USCIS is questioning whether a degree in master’s in business administration (MBA) classified under CIP code 52.1301, Management Science, General by falls under the STEM field. USCIS makes these challenges simply based on the codes and degree names.

DHS in their Final rule for STEM OPT called “Improving and Expanding Training Opportunities for F-1 Nonimmigrant Students With STEM Degrees and Cap-Gap Relief for All Eligible F-1 Students” published on March 11, 2016,  state in response to comments, “the “related fields” language in the STEM definition means that DHS may consider a degree to be in a STEM field even if not within the CIP two-digit series cited in the rule, and it authorizes DHS to designate CIP codes meeting the definition at the two-, four-, or six-digit level.” It is important to look at the school’s curriculum requirements and the process of deciding on a particular CIP code instead of just focusing on the codes.

This new wave of USCIS erroneous RFEs, NOIDs, and denials is alarming, however, we have been successful in addressing these types of cases. If you receive a similar notice from USCIS raising these questions, it is important to promptly reach out to an immigration attorney and respond accordingly. Reach out to our team of attorneys to assist and ensure you get the right advice. As always, ILBSG will continue to monitor and update our clients concerning to any new changes in STEM OPT trends and other U.S. immigration law.

STEM OPT