NEW OPT Extension Rule and H1-B Cap Gap

OPT Extension

Per the April 8, 2008 Interim Final Rule, F-1 students who are currently authorized for a 12-month period of OPT, who successfully completed a bachelor’s, master’s or doctoral degree in a field on the DHS STEM Designated Degree Program list from a SEVIS-certified US college or university, and have a job-offer or are employed by an employer registered with the “E-Verify” federal employment verification system, may apply for an 17-month extension to their OPT.

When to Apply

• A student may apply for the 17-month STEM OPT extension anytime during the regular period of post-completion OPT up to the expiration date of the student’s current OPT employment authorization. Students are encouraged to file early so that they receive the new EAD before the end of the regular period of OPT.
• The 17-month extension is only possible one time per lifetime; a student is NOT eligible to receive an extension more than once, regardless of degree level.
• The extension can only be granted in one 17 month period; the period cannot be “split” into 2 periods.
• Students on “pre-completion” OPT will NOT be eligible for the extension.

How to Apply

• Complete the USF 17 Month OPT Extension Form and submit to International Services for verification of your eligibility and your updated I-20.
• Submit the I-20 with the following to USCIS Processing Center having jurisdiction over your current place of residence:

• Updated form I-765 with fee (currently $340.00)
• Put (c)(3)(c) in item #16
• List the degree in item #17 as it appears in the I-20 not by the USF major.
• Item #17 must include the employer’s E-Verify number.
• A “copy of the degree” in the form of either official transcripts, unofficial transcripts, or a copy of the diploma as long as it states the program of study.
• A statement from the employer regarding how the employment relates to the STEM field.

Frequently Asked Questions

Q: Can I continue to work after my OPT extension is filed with USCIS?
A: A student who files the application timely may continue employment while the extension application is pending, until a final decision is made, or for 180 days, whichever comes first.

Q: If I am approved for an extension, can I change employers?
A: A student may change employers during the 17 month extension. However, USCIS and SEVP advise against changing employers while the I-765 is pending, since the I-765 names a specific employer.  Note: Students are advised to consult with an attorney regarding the effect of changing to an employer that is not the employer named on the I-765.  The student must report the change in employer to the DSO, and the DSO must update SEVIS accordingly.  

Q: If I am approved for an extension, can I work for a non-E-verify employer while still employed by the E-Verify employer named on the I-765?
A: Students may NOT be concurrently employed at a non-E-verify employer. While on a 17-month extension, the student is only allowed to be employed by employers who are registered with E-verify.

Q: If my major is not listed on the DHS STEM Designated Program List can I apply for an extension of my OPT?
A:  At this time, the extension is only for F-1 students who have completed a program in a STEM major.

Q:  Are there special reporting requirements for F-1 students who receive a 17-month extension?
A:  Students with an approved 17 month extension must make a validation report every six months starting on the date the extension begins and ending when the OPT ends.  The validation is a confirmation that the student’s name and address, employer name and address, and /or loss of employment is current and accurate.   The student must follow all other current OPT reporting requirements. The employer must agree to report the termination or departure of the student to the International Student Office of the student’s former school, or through any other process chosen by the Department of Homeland Security.

H1-B Cap Gap

Per the April 8, 2008 Interim Final Rule, an F-1 student currently on OPT who is the beneficiary of a timely-filed H-1B petition subject to the cap will have duration of status and OPT employment authorization extended to an employment start date of October 1.

• The extension for “cap gap” status and work authorization officially commences on the date of filing the H-1B (the date received by USCIS), not the receipt date.