New USCIS Policy Changes: The US Citizenship and Immigration Services (USCIS) recently updated its policy guidelines for Optional Practical Training (OPT) and STEM OPT extensions, significantly affecting international students in the US. These changes introduce new rules regarding online learning, grace periods, and eligibility criteria, all of which have important implications for students on F-1 visas who wish to gain practical experience after completing their studies.
The new policy offers increased flexibility in maintaining student status and opens up new opportunities for those pursuing degrees in science, technology, engineering, and mathematics (STEM) fields.
Understanding the 60-day grace period and its benefits
A notable aspect of the updated policy is the introduction of a 60-day grace period for students whose initial Employment Authorization Document (EAD) for OPT has expired. During this period, students can make critical decisions about their future. They may opt to transfer to a different level of study, such as moving from a bachelor’s to a master’s program, or they might choose to transfer to another SEVP-certified institution at the same educational level. Alternatively, they have the option to apply for a different visa category. This grace period provides much-needed flexibility, allowing students to plan their next steps without the pressure of an immediate departure from the U.S.
For STEM graduates, the 60-day grace period is particularly beneficial. After completing the initial 12-month OPT period, students with STEM degrees can apply for a 24-month extension, effectively allowing them to remain in the U.S. for up to three years. The updated policy clarifies that during this extension, the 60-day grace period also applies, giving students additional time to explore job opportunities or pursue further studies.
Inclusion of online learning and distance education
The new guidelines also bring clarity to the use of online learning for students on F-1 visas. Under the updated policy, F-1 students may include one online class or up to three online credits per term as part of their full course of study requirements. This marks a shift in policy, acknowledging the growing importance of online education in the post-pandemic world. Students can now count a limited amount of online or distance learning toward their degree requirements without violating the terms of their F-1 visa. This provision is particularly helpful for students who wish to maintain their visa status while taking advantage of remote learning opportunities.
Expanded eligibility for OPT across degree levels
Another significant change concerns the eligibility for post-completion OPT. The USCIS has clarified that students who have completed an associate degree are also eligible for OPT, which was previously more ambiguous. This expansion means that students who have completed a two-year associate program can now participate in OPT, similar to those with bachelor’s, master’s, or doctoral degrees. For many international students, particularly those pursuing shorter programs, this change opens new avenues for gaining valuable work experience in the U.S. and enhances their career prospects.
Flexibility in transfers between educational institutions
The updated policy also simplifies the process of transferring between educational institutions. It confirms that F-1 students can transfer between schools certified by the Student and Exchange Visitor Program (SEVP) either at the same level of education or at a higher level. This means that a student can move from one bachelor’s program to another or progress from a bachelor’s to a master’s program without losing their F-1 status. Such flexibility is advantageous for students looking to change their field of study or advance to a higher educational level. It also helps institutions attract a diverse pool of international students by facilitating easier transitions.
Clarification on study abroad programs
The new policy provides more detailed guidance on study abroad programs, emphasizing that students enrolled in SEVP-certified institutions who participate in study abroad programs for less than five months can remain active in the Student and Exchange Visitor Information System (SEVIS). If the study abroad program extends beyond five months, students will need to obtain a new Form I-20, a Certificate of Eligibility for Nonimmigrant Student Status. This clarification helps ensure that students do not inadvertently violate visa regulations while pursuing educational opportunities outside the United States.
Impact on application timing and procedures
The USCIS has also updated its guidelines on the timing of applications for OPT and STEM OPT extensions. According to the new rules, F-1 students must submit their Form I-765 (Application for Employment Authorization) up to 90 days before the expiration of their current EAD. This adjustment in the application timeline aims to streamline the process, helping students avoid delays in employment authorization and maintain their legal status without interruptions.
The new policy offers increased flexibility in maintaining student status and opens up new opportunities for those pursuing degrees in science, technology, engineering, and mathematics (STEM) fields.
Understanding the 60-day grace period and its benefits
A notable aspect of the updated policy is the introduction of a 60-day grace period for students whose initial Employment Authorization Document (EAD) for OPT has expired. During this period, students can make critical decisions about their future. They may opt to transfer to a different level of study, such as moving from a bachelor’s to a master’s program, or they might choose to transfer to another SEVP-certified institution at the same educational level. Alternatively, they have the option to apply for a different visa category. This grace period provides much-needed flexibility, allowing students to plan their next steps without the pressure of an immediate departure from the U.S.
For STEM graduates, the 60-day grace period is particularly beneficial. After completing the initial 12-month OPT period, students with STEM degrees can apply for a 24-month extension, effectively allowing them to remain in the U.S. for up to three years. The updated policy clarifies that during this extension, the 60-day grace period also applies, giving students additional time to explore job opportunities or pursue further studies.
Inclusion of online learning and distance education
The new guidelines also bring clarity to the use of online learning for students on F-1 visas. Under the updated policy, F-1 students may include one online class or up to three online credits per term as part of their full course of study requirements. This marks a shift in policy, acknowledging the growing importance of online education in the post-pandemic world. Students can now count a limited amount of online or distance learning toward their degree requirements without violating the terms of their F-1 visa. This provision is particularly helpful for students who wish to maintain their visa status while taking advantage of remote learning opportunities.
Expanded eligibility for OPT across degree levels
Another significant change concerns the eligibility for post-completion OPT. The USCIS has clarified that students who have completed an associate degree are also eligible for OPT, which was previously more ambiguous. This expansion means that students who have completed a two-year associate program can now participate in OPT, similar to those with bachelor’s, master’s, or doctoral degrees. For many international students, particularly those pursuing shorter programs, this change opens new avenues for gaining valuable work experience in the U.S. and enhances their career prospects.
Flexibility in transfers between educational institutions
The updated policy also simplifies the process of transferring between educational institutions. It confirms that F-1 students can transfer between schools certified by the Student and Exchange Visitor Program (SEVP) either at the same level of education or at a higher level. This means that a student can move from one bachelor’s program to another or progress from a bachelor’s to a master’s program without losing their F-1 status. Such flexibility is advantageous for students looking to change their field of study or advance to a higher educational level. It also helps institutions attract a diverse pool of international students by facilitating easier transitions.
Clarification on study abroad programs
The new policy provides more detailed guidance on study abroad programs, emphasizing that students enrolled in SEVP-certified institutions who participate in study abroad programs for less than five months can remain active in the Student and Exchange Visitor Information System (SEVIS). If the study abroad program extends beyond five months, students will need to obtain a new Form I-20, a Certificate of Eligibility for Nonimmigrant Student Status. This clarification helps ensure that students do not inadvertently violate visa regulations while pursuing educational opportunities outside the United States.
Impact on application timing and procedures
The USCIS has also updated its guidelines on the timing of applications for OPT and STEM OPT extensions. According to the new rules, F-1 students must submit their Form I-765 (Application for Employment Authorization) up to 90 days before the expiration of their current EAD. This adjustment in the application timeline aims to streamline the process, helping students avoid delays in employment authorization and maintain their legal status without interruptions.