WASHINGTON — The U.S. Department of Homeland Security (DHS) proposed changes to its regulations that would strengthen and enhance the process for foreign students with science, technology, engineering, or mathematics (STEM) degrees from a U.S. college or university to get practical training experience in the United States. The enhancement of this regulation was announced as a part of President Obama’s November Executive Actions.
The Department of Homeland Security (DHS) proposes to amend its F-1 nonimmigrant student visa regulations on optional practical training (OPT) for certain students with degrees in science, technology, engineering, or mathematics (STEM) from U.S. institutions of higher education. Specifically, the proposal would allow such F-1 STEM students who have elected to pursue 12 months of OPT in the United States to extend the OPT period by 24 months (STEM OPT extension).
A Washington DC Federal court has held that DHS improperly promulgated the 2008 regulations creating the 17-month OPT CAP GAP extension for STEM graduates (strictly speaking, this is not reallly "CAP GAP" issue). According to the court, DHS should have placed the proposed regulation before the public, allowed everyone to comment, considered the comments and then published the final regulation. Thus, DHS violated the procedural mandate requiring "notice and comment." According to the court, there was no good reason to skip the "notice and comment" mandate.
The Department of Homeland Security (DHS) proposes to amend F-1 nonimmigrant student visa regulations on optional practical training (OPT) for certain students with degrees in science, technology, engineering, or mathematics (STEM) from U.S. institutions of higher education. Specifically, the proposal would allow such F-1 STEM students who have elected to pursue 12 months of OPT in the United States to extend the OPT period by 24 months (STEM OPT extension). This 24-month extension would effectively replace the 17-month STEM OPT extension currently available to certain STEM students.
On March 1, USCIS began transferring certain cases to the Potomac Service Center (PSC) from other service centers to balance workloads. The affected casework includes Form I-765, Application for Employment Authorization, filed by F-1 and M-1 students seeking Optional Practical Training (OPT) and J-1 dependents.
F-1 students who have an H-1B petition that remains pending on Oct. 1, 2018, risk accruing unlawful presence if they continue to work on or after Oct. 1 (unless otherwise authorized to continue employment), as their “cap-gap” work authorization is only valid through Sept. 30.
Release Date
WASHINGTON—U.S. Citizenship and Immigration Services today announced that F-1 students seeking optional practical training (OPT) can now file Form I-765, Application for Employment Authorization, online if they are filing under one of these categories:
DHS Offers Temporary Employment Authorization to Certain Haitian F-1 Students Affected By the January 12, 2010 Earthquake
The Department of Homeland Security (DHS) is suspending certain requirements for employment authorization for Haitian F-1 nonimmigrant students experiencing severe economic hardship as a direct result of the January 12, 2010 earthquake in Haiti.
Why is DHS taking this action?
On August 13, 2010, President Obama signed Public Law 111-230, which contains provisions to increase certain H-1B and L-1 petition fees. The following Questions and Answers provide public guidance concerning the additional fees.
Q1. What is Public Law 111-230?
A1. Signed by President Obama on August 13, 2010, Public Law 111-230 requires the submission of an additional fee of $2,000 for certain H-1B petitions and $2,250 for certain L-1A and L-1B petitions.
These Questions & Answers address the automatic extension of F-1 student status in the United States for certain students with pending or approved H-1B petitions (indicating a request for change of status from F-1 to H-1B) for an employment start date of October 1, 2011 under the Fiscal Year (FY) 2012 H-1B cap.
To: All SEVIS Users
Date: February 7, 2011
Re: Consideration of Former F-1 Students from Tri-Valley University for Enrollment
Number: 1101-02
On January 18, 2011, the Student and Exchange Visitor Program (SEVP) either cancelled or terminated all initial, active and transfer-in student records associated with Tri-Valley University (TVU) in Pleasanton, California.
Students enrolled at TVU and those who entered the United States but have not enrolled at TVU are unable to maintain F-1 status.
Attention Former Tri-Valley University Students
If you were formerly enrolled as an F-1 student at TVU and have been terminated in SEVIS, please note the following.
SEVP terminated the records of all F-1 students enrolled at TVU as of January 18, 2011. You should call SEVP Response Center (SRC) at 703-603-3400. This number will be staffed from 7:00 a.m. to 6:00 p.m. (EST), seven days a week. At other times you may leave a telephone number at which SEVP will return your call the next day.
Following is an excerpt from a Radio Show with Rajiv S. Khanna:
"I think these regulations will get frozen and I think we will be able to revert to our last year's lottery system and we'll be able to make it through this year but I also think that it's going to be a comprehensive legal immigration reform".
Published by: The Economic Times - Date: February 02, 2021
USCIS reminds F-1 students on Optional Practical Training (OPT) that transferring to another school or beginning study at another educational level (for example, beginning a master’s program after completing a bachelor’s degree) automatically terminates their OPT as well as their corresponding employment authorization document (EAD).
ALERT: Although F-1 nonimmigrant students with degrees in science, technology, engineering, or mathematics (STEM) may apply for a 24-month extension of their post-completion OPT employment authorization, our policies regarding the cap-gap extension remain the same.
USCIS is updating the Optional Practical Training Extension for STEM Students (STEM OPT) page of the website to clarify the reporting responsibilities for participating in the STEM OPT program. Students and employers must report material changes to the Designated School Official (DSO) at the earliest opportunity by submitting a modified Form I-983. Employers must report the STEM OPT
WASHINGTON – The Student and Exchange Visitor Program (SEVP) announced modifications Monday to temporary exemptions for nonimmigrant students taking online classes due to the pandemic for the fall 2020 semester. The U.S. Department of Homeland Security plans to publish the procedures and responsibilities in the Federal Register as a Temporary Final Rule.
On March 23, 2018, the Student and
These Questions & Answers address the automatic extension of F-1 student status in the United States for certain students with pending or approved H-1B petitions (indicating a request for change of status from F-1 to H-1B) for an employment start date of October 1, 2012 under the Fiscal Year (FY) 2013 H-1B cap.
Q1. What is “Cap-Gap”?