Foreign nationals who study in the U.S. on F-1 student visas can be authorized for Optional Practical Training (OPT), which is temporary employment directly related to the student’s major area of study. Normally, OPT can last up to 12 months either before (pre-) and/or after (post-) completion of studies. STEM (Science, Technology, Engineering, or Mathematics) students who have received U.S. degrees in specific programs of study have been able to extend their OPT period by another 17 months. On October 19 the government’s Department of Homeland Security proposed this be increased to 24 months. There is a 30-day period for comments on the proposed new regulation. The goal is for the regulation to take effect before February 2016, to meet a court order.
The proposed regulation also includes “Cap-Gap” relief for F-1 students with a timely filed H-1B petition and request for change of status. The cap-gap is the period of time, normally several months, when an F-1 student’s status and work authorization expire through the start date of their approved H-1B employment period. The cap-gap problem arises because an employer can’t file an H-1B cap-subject petition before April 1. If approved, the earliest date the student can start the H-1B employment is October 1 of the same year, which can leave a gap during which the student is not authorized to work. This regulation authorizes the student to work during that period as long as all the rules are followed.
Not all STEM programs of study are included. Healthcare professionals such as registered nurses, physical therapists, or pharmacists, are excluded. DHS is asking for comments on fields to be included. DHS proposes that students currently on 17- month extensions may be able to apply for the balance of the 24-month extension and DHS estimates about 18,000 current STEM OPT students could apply for an extension. Also, a student can have more than one STEM OPT period if s/he earns multiple STEM degrees.
The student’s employer must be enrolled in USCIS’ E-Verify program, which verifies an individual’s eligibility for employment. There are also protections for U.S. workers: the employer must show it has the resources to provide mentoring and training; the employer cannot lay off US workers as a result of hiring a STEM OPT worker; the training must be in the student’s field; there are wage and other protections for STEM OPT students and U.S. workers, and extensions are allowed only to students with degrees from accredited schools.
Why does the U.S. support STEM OPT? There’s some interesting reading in Section C on the benefits of STEM OPT to the country. DHS says: “international students have historically made significant contributions to the United States, both through the payment of tuition and other expenditures in the U.S. economy, …and enhancing academic discourse and cultural exchange on campuses throughout the United States. ….foreign students made a net contribution of $26.8 billion to the U.S. economy in the 2013–2014 academic year. …public colleges and universities particularly benefit from the payment of tuition by foreign students, especially in comparison to the tuition paid by in-state students….research has shown that foreign students who earn a degree and remain in the United States are more likely than native-born workers to engage in activities, such as patenting and the commercialization of patents, that increase U.S. labor productivity….”
There’s also increasing competition for foreign students around the world: ” In 2001, the United States received 28 percent of international students; by 2011 that share had decreased to 19 percent. Countries such as Canada, the United Kingdom, New Zealand, Australia, Malaysia, Taiwan, and China are actively instituting new strategies to attract international students.” Other countries are changing their regulations to attract more foreign STEM students.
