In a recent announcement, the U.S. Citizenship and Immigration Services (USCIS) has revised its guidance on optional practical training (OPT) for students in Science, Technology, Engineering, and Mathematics (STEM) fields. This update addresses critical aspects such as online study eligibility, school transfers, grace periods, and study abroad policies. If you are a student or professional, this update could significantly impact your educational and professional journey. Read this blog to learn more.
What Are the Key Changes to OPT Eligibility and STEM Extensions?
The revised USCIS Policy Manual introduces several clarifications that affect the OPT program, especially for those in STEM fields. One of the most notable changes is the clarification regarding STEM OPT extensions. The new guidance specifies the time frame within which students can apply for these extensions and provides detailed explanations on eligibility criteria.
Additionally, the update confirms that students who have completed any degree level—whether an associate’s, bachelor’s, master’s, or doctoral program—may qualify for post-completion OPT. This broadens the opportunity for many students to gain practical experience in their fields of study after graduation, making it crucial to understand these provisions fully to take advantage of them.
How Does This Affect Online Studies and Distance Learning?
The USCIS has provided much-needed clarity on how online courses or distance learning can count toward a full course of study. Under the new guidance, students may include one online class or three credits (or their equivalent) per academic session as part of their full course of study. This is applicable as long as the online course does not require physical attendance as a fundamental part of its completion.
For many students who have adapted to online learning due to the COVID-19 pandemic or other reasons, this update offers flexibility. However, it’s essential to understand how this fits into your overall study plan, especially if you aim to maintain F/M nonimmigrant status or apply for OPT or STEM OPT extensions.
Can Students Transfer Between Schools or Change Education Levels?
The updated policy also clarifies the rules surrounding school transfers and changes in education levels. Students may transfer between U.S. Immigration and Customs Enforcement (ICE) Student and Exchange Visitor Program (SEVP)-certified schools at the same educational level or move between different educational levels.
Moreover, during the 60-day grace period following the completion of their OPT, students have the flexibility to change their education level, transfer to another SEVP-certified institution, or file a petition with USCIS to switch to another nonimmigrant or immigrant status. This flexibility can be advantageous for students considering further education or exploring different career paths in the U.S.
What Should You Know About Study Abroad Programs?
For students planning to participate in study abroad programs, the new guidance clarifies the rules to maintain active status in the Student and Exchange Visitor Information System (SEVIS). If the study abroad program is shorter than five months, students can remain active in SEVIS. However, for programs longer than five months, a new Form I-20, Certificate of Eligibility for Nonimmigrant Student Status, will be required.
This provision ensures that students participating in longer study abroad programs remain compliant with immigration regulations, avoiding potential pitfalls that could jeopardize their status.
If you have questions or need guidance on how these changes impact your specific situation, consulting with an experienced New York City immigration lawyer is a wise step to protect your future in the United States. Contact the Lightman Law Firm today.
