Update to USCIS Policy Manual on OPT Eligibility for STEM Fields

The U.S. Citizenship and Immigration Services (USCIS) updated its Policy Manual for OPT eligibility for students in Science, Technology, Engineering, and Mathematics (STEM) fields. They’ve also clarified rules for F/M nonimmigrant students. The areas of online study, school transfers, the grace period, and study abroad details for F/M visas are clarified. The OPT eligibility for STEM fields update is effective immediately and applies to all pending or filled requests as of the date of the publication.

The Policy Manual update includes:

  1. Online Classes: Students can now count one online class or up to three credits per academic session towards their OPT, as long as the class doesn’t require physical attendance.
  2. School Transfers: 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.
  3. 60-Day Grace Period: After finishing an OPT program, students have 60 days to update their education level, transfer to a different SEVP-certified school, or apply for a new immigration status.
  4. OPT Eligibility: Students can apply for OPT after completing any level of degree, from associate to doctorate.
  5. STEM OPT Extensions: The application period for STEM OPT extensions has been corrected, along with other technical fixes.
  6. Study Abroad: If you’re studying abroad as part of a SEVP-certified program, you can stay active in the Student and Exchange Visitor Information System for up to five months. For programs longer than that, you’ll need a new Form I-20.

 

As always, if you have questions about any U.S. immigration-related issue, contact us. Our team of experienced attorneys works directly with our clients every step of the way to ensure they remain in compliance.

 

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