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News > DHS Publishes Interim Rule Addressing OPT Extensions

DHS Publishes Interim Rule Addressing OPT Extensions

The Department of Homeland Security (DHS) announced on April 8 that it will extend the period certain F-1 students can work on Optional Practical Training (OPT) following graduation. F-1 students are normally allowed to work for U.S. companies for a maximum of 12 months under OPT following graduation from a full-time, accredited U.S. degree program. Under the new rule, F-1 students with a degree in the sciences, technology, engineering, or mathematics (STEM) who are employed by businesses enrolled in the E-Verify program can apply for a 17-month extension of their OPT. The degree must be from a field included on the STEM Designated Degree Program List, from a college or university certified by the U.S. Immigration & Customs Enforcement's Student and Exchange Visitor Program. Fields included on the STEM Designated Degree Program List include actuarial science, computer science, engineering, engineering technologies, biological and biomedical sciences, mathematics and statistics, military technologies, physical sciences, science technologies, and medical science.

In addition, F-1 students working in the United States under a grant of OPT who have timely filed to change to status to H-1B for the 2009 fiscal year will have their F-1 status and OPT employment authorization extended automatically if their work authorization expires prior to beginning employment under the H-1B visa program. This automatic extension will immediately terminate upon the rejection, denial, or revocation of the F-1 student's H-1B petition.