U.S. Citizenship and Immigration Services announced an update to the Policy Manual for the optional practical training (OPT) program for Science, Technology, Engineering, and Mathematics (STEM) fields. In addition, guidance clarification for F/M nonimmigrant students is also released. For F/M visas, the areas of online study, school transfers, the grace period, and study abroad details are clarified. The OPT eligibility for STEM fields updates go into effect immediately and apply to all pending or filed requests as of date of the publication. The update supersedes any previous updates.
Clarification as to online classes or distance learning that does not require physical attendance for any reason integral to class completion. Students can count one class or up to three credits, or the equivalent, per academic session, or equivalent, for these courses.
Explanation of student requirements for transfer between qualifying schools. Students can transfer between U.S. Immigration and Customs Enforcement (ICE), Student and Exchange Visitor Program (SEVP)-certified schools at the same educational level, or between educational levels.
Details on what can be done during 60-day grace period following completion of an OPT program. Students can update their education level, transfer to a different SEVP-certified school, or apply with USCIS for another nonimmigrant or immigrant status.
Specification on students’ eligibility for OPT programs. Students may be eligible for an OPT program following completion of an associate’s, bachelor’s master’s or doctorate degree program.
Correction for the application period for STEM OPT extensions, and other technical corrections.
Clarification to the study abroad program for students enrolled in SEVP-certified schools. Qualifying students can remain active in the Student and Exchange Visitor Information System if the study abroad program is less than five months in length. However, students will require a new Form I-20, Certificate of Eligibility for Nonimmigrant Student Status if the exchange program is longer than five months.
As always, if you have questions about any U.S. immigration related issue, contact us at ILBSG. Our team of experienced attorneys work directly with our clients to ensure they get the right advice and remain in compliance.
