USCIS extends OPT for some students

On April 4, 2008 USCIS announced several major improvements to the Optional Practical Training Program (OPT). OPT is available after graduation to foreign students, and allows foreign students to gain valuable work experience in the United States. The changes take effect immediately. They are as follows:

• H1-B Cap Gap relief: the new rule will automatically extend the OPT period for students who have an H-1B petition that is pending or approved until October 1, so the student can continue working until the H-1B takes effect.
• 17 month extension for STEM students: Students with degrees in certain Science, Technology, Engineering, and Math fields will be eligible for an additional 17 months of OPT. This must be applied for, and the employer must participate in the controversial "e-verify" program. A list of STEM degrees can be found at http://www.ice.gov/sevis/stemlist.htm .
• Students can now apply for OPT within 60 days of graduation - previously applications had to be made prior to graduation
• There is a downside to the new rule - students must now maintain employment to remain in status - the new rule permits 90 days of unemployment in the first year, and an additional 90 days in the 17 month extension.