OPT Update: A Look at the April 8th Interim Final Rule'

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OPT Update A Look at the April 8th Interim
Final Rule.

• Office for International Students and Scholars
• Washington University in St. Louis

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Agenda

• Changes to the Application Process.
• Employment Requirements.
• Reporting Requirements.
• OPT Cap Gap Provision.
• 17 Month OPT Extension.

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OPT Application Process Changes

• USCIS has released a new I-765 for new OPT
  applications, effective May 8, 2008.
• OPT is divided in to pre-completion and
  post-completion.
• Students are eligible to apply no earlier than 90
  days before the completion of their program for
  post-completion OPT.
• Students who are applying for pre-completion OPT
  are eligible to apply 120 days in advance of the
  start date.

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OPT Application Process Changes

• The post-completion OPT application filing
  window has changed to allow F-1 students to
  apply after the completion of the program. The
  window starts 90 days prior to program completion
  and ends 60 days after.

Program Completion
90 days prior
60 days after
Application must be received by USCIS no later
than 60 days after!
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Unemployment Provision

• Includes limitations on the length of time
  students can be unemployed while on OPT.
• Students may not accrue more than 90 days of
  unemployment during the first year of
  post-completion OPT.
• If you have an OPT with start date prior to April
  8, 2008, days of unemployment accrued prior to
  April 8, 2008 will not be counted towards
  aggregate of 90 days.

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Reporting Requirements

• Students on OPT must report changes within 10
  days to OISS.
• - Local Address
• - Employer Name
• - Employer Address
• - Loss of Employment
• We will have an online update form on our website.

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Cap Gap and the H-1B

• Many students who are interested in working
  long-term in the US eventually change from F-1
  (working on OPT) to the H-1B visa status.
• However, the number of H-1B visas is limited to
  85,000 (with some exceptions). This limit is
  known as the cap.
• And, in general, the H-1B has a specific
  application deadline (April 1) and start date
  (October 1).

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Cap Gap

• Cap Gap is a break in work eligibility for
  students on OPT that expired prior to the start
  of the H-1B.
• In the past, students often had to leave the US
  during the OPT grace period and return again on
  an H-1B visa.
• Students that have a cap exempt H-1B cannot take
  advantage of the new Cap Gap provision.

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Hypothetical Example
July 14, 2009 OPT Ends
October 1, 2009 H-1B Starts
July 15, 2008 OPT Starts
May Graduation
Gap in Employment Eligibility
Under the old rules, students had to stop working
on July 14, 2009 and had to leave the US after
the 60 day grace period and return on the H-1B
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Cap Gap Provision

• If you are on OPT and have had a H-1B petition
  timely filed on your behalf, you can continue
  to work after the expiration of OPT until the
  H-1B starts (October 1) or until you are notified
  that the H-1B was denied or revoked.

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Working During the Gap

• If your OPT has expired and you have been
  notified that your H-1B petition has been denied,
  you must stop working immediately.
• You would then have 60 days from the date of
  notification to depart the United States.

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17 Month Extension for F-1 Students with degrees
in the Sciences, Technology, Engineering and
Mathematics (STEM).
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17 Month Extension
The 17 Month Extension is limited to students who
have completed a degree in the following fields

• Actuarial Science
• Computer Science Applications
• Engineering
• Engineering Technologies
• Biological and Biomedical Sciences

• Mathematics and Statistics
• Military Technologies
• Physical Sciences
• Science Technologies
• Medical Scientist

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17 Month OPT Extension

• Students must have completed a degree in an
  approved STEM Field (as listed in SEVIS).
• Students must be working in their field of study.
• Students must have been approved for
  post-completion OPT.
• Students must not have been previously approved
  for a 17 month extension.
• Students may not accrue an aggregate of more than
  120 days of unemployment.

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E-Verify Requirement

• Students must be working for an E-Verify
  registered employer.
• E-Verify is an Government-sponsored online
  database that the employer uses to confirm
  employment eligibility for new hires.
• Students must be employed by an E-Verify
  employer.
• Approximately 50,000 employers are enrolled in
  the E-Verify program at this time.

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E-Verify Database

• The US government does not have an online
  database of E-Verify companies.
• There is a database online though we cannot be
  sure of its accuracy http//www.smartbusinessprac
  tices.com/pilot/

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Applying for the OPT Extension

• Students who are eligible for the 17 Month
  Extension must file a new I-765 and pay a 340
  application fee.
• Students must apply for the extension prior to
  the expiration of the OPT card.
• Students are eligible to continuing working for
  180 days while the application is pending.

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OPT Application Scenarios
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OPT Application Scenario
Student applies 90 days in advance of graduation
for a May 17 start date. Student must be employed
by August 14th.
GraduationMay 16
August 14th
February 16th
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OPT Application Scenario
Student applies 90 days in advance for a July
15th start date (last possible start date to
obtain 12 months post-completion OPT). Student
must be employed by October 13th.
GraduationMay 16
July 15 OPT start date
February 16th
October 13th
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OPT Application Scenario
Student applies on July 1 for a July 15th start
date. Card is not likely to be approved in time
to start OPT on July 15th. Preliminary
discussions suggest unemployment accrual begins
OPT card start date.
GraduationMay 16
July 1, OPT application is filed
July 15 OPT start date
Card received on?
Period of accruing unemployment begins
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Other Points to Remember

• With the new rules, its critical that you
  actively pursue employment.
• Talk to Career Services.
• Have a back-up plan if you are unable to find a
  job.

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How do I stay informed?

• Our office will notify you of important changes.
• All updates will be posted to our website
  oisshome.wustl.edu/
• Keep your e-mail address and phone number up to
  date using our online form oisshome.wustl.edu/

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Questions or Concerns? Talk to an International
Student Advisor! Walk-in Hours at Stix
International House Monday, Wednesday
1000-1130, 230-500 Tuesday, Thursday, Friday
1000-1130, 230-500 Walk-in Hours at the
Medical School Tuesday, 300-500 http//oisshome
.wustl.edu oiss_at_wustl.edu