OPT STEM Extension

The Department of Homeland Security published new federal regulations governing Optional Practical Training on May 10, 2016. These regulations allow for a 24-month extension of post-completion Optional Practical Training (for a total period of 36 months) provided that certain conditions are met:

  • The student must be currently authorized for a 12-month period of OPT and working for a US employer in a job directly related to the student’s field of study 
  • The student must have 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. 
  • At the time of application for the 24-month extension, the student must have a job-offer or be employed by an employer registered with the “E-Verify” federal employment verification system.  For more information on “E-Verify,” see the “E-Verify” section below. STEM students may work multiple jobs, but all the employers must be enrolled in E-Verify.  
  • The student must not have previously received a 24-month OPT extension after earning a STEM degree. 
  • The student must apply for the 24-month extension through the Office of International Student and Scholar Services at Manhattan University.  The PDSO/DSO must recommend the extension and issue a new I-20 with the recommendation noted. 
  • The student applies for the extension using form I-765 with fee to the US Citizenship and Immigration Services Processing Center having jurisdiction over the student’s current place of residence.
  • The student must file the extension application to USCIS 90 days before the current period of OPT expires. 
  • A student who files the application timely whose current EAD card expires while the application is pending may continue employment while the STEM extension application is pending until a final decision is made, or for 180 days, whichever comes first. 

STEM Information 

Your most recent degree must be in a field of study that is on the Federal Government’s approved list of STEM Fields. 

S = Science 
T = Technology 
E = Engineering 
M = Mathematics 

STEM Fields include :

  • Actuarial Science  
  • Computer Science Applications  
  • Engineering  
  • Engineering Technologies  
  • Biological and Biomedical Sciences  
  • Mathematics and Statistics  
  • Military Technologies  
  • Physical Sciences  
  • Science Technologies  
  • Medical Scientist (MS, PhD)

DHS STEM Designated Degree Program List: https://https://www.ice.gov/doclib/sevis/pdf/stemList2024.pdf

E-Verify 

E-Verify was formerly known as the Basic Pilot/Employment Eligibility Verification Program.  E-Verify is an Internet-based system operated by the Department of Homeland Security in partnership with the Social Security Administration.  E-Verify allows participating employers to electronically verify the employment eligibility of their newly hired employees.  

A F-1 student applying for an OPT 24-month STEM extension can only do so if at the time of filing, the student is employed by, or has a job offer with, an E-Verify participating employer. The employer must provide the student with the company’s E-verify name and company I.D. number, which are required on the I-765 Application for Employment Authorization. 

For more information on E-Verify, visit: https://www.uscis.gov/e-verify

Reporting Requirements 

Manhattan University is now required by federal regulation to continue to maintain a student’s SEVIS record for the full period of Optional Practical Training, including any extension. 

The student must agree to report the following information to the International Student Advisor’s office within 10 days of the change: 

  • Change of name  
  • Change of residential or mailing address  
  • Name and address of employer  
  • Change in the name or address of employer  
  • When employment changes or terminates  

Validation Reports

During STEM OPT, students are required to submit a validation report every 6 months. This is to confirm the following:

  • Student’s current name
  • Student's address
  • Student's employer
  • Employment status

The student will receive an email from SEVP in advance to submit this information.

Self Evaluation

During STEM OPT, students will be required to submit a self-evaluation every 12 months of the STEM employment authorization. This evaluation is to report your progress made towards your training plan indicated on the I-983.

The student will have within 10 days to submit their I-983 with the self evaluation. 

The student must also agree to provide a report every 6 months to the International Student Advisor’s office to verify the above information.  

Post-Completion OPT is Now Dependent on Employment 

Students granted a 24-month OPT extension may not accrue an aggregate of more then 150 days of unemployment during the total 36-month OPT period, effective May 10, 2016.  Any periods of unemployment before the effective date of May 10, 2016 do not apply.  More than 150 days of unemployment after May 10, 2016 may affect eligibility for future US immigration benefits. The application could be denied because of the unemployment.  A student may provide documentation for the adjudicator to consider any extenuating circumstances. 

Expiry of Current EAD Card While 24-Month STEM Extension Application is Pending 

Provided that the student has submitted a timely and correctly filed application for a 24-Month STEM Extension to the USCIS Processing Center, if the student has not received notice of the approval of the STEM extension application before the current EAD card’s expiration date, the student’s EAD card is extended automatically pursuant to the terms and conditions specified in 8 CFR 274a.12(b)(6)(iv). This means that the expired card will remain valid until USCIS makes a decision on the extension application or for a period not to exceed 180 days. 

Travel While 24-Month STEM Extension Application is Pending and if Current EAD Card Has Expired 

A person who has applied for a 24-month OPT STEM extension, whose current EAD card has expired, cannot travel outside the United States, even if employed, until the new EAD card is received.

Steps to Apply for STEM OPT Extension

Step 1: Contact the Office of International Student and Scholar Services

Talk to the PDSO/DSO to request OPT STEM Extension. They will provide the student with the following to complete:

  1. Manhattan University's Request for STEM OPT Form
  2. I-983 Training Plan

Once the student submits these documents to the Office of International Student and Scholar Services, the PDSO/DSO will make a recommendation on their SEVIS and upload their I-983, and issue a new I-20 showing the request for OPT STEM extension. 

The student will have 60 days from the date of the recommendation to file an I-765 with USCIS for employment authorization.

Step 2: File an I-765 with USCIS

A student will need to file another I-765 with USCIS.

The documents they will need for submission:

  • The correct application fee
  • Your employer’s name as listed in E-Verify
  • Your employer’s E-Verify Company Identification Number or valid E-Verify Client Company Identification Number
  • Photocopy of your Manhattan University STEM diploma.
  • Your most recent I-94. You can get a copy here: https://i94.cbp.dhs.gov/I94/#/home
  • A copy of your EAD card
  • A copy of your passport
  • Photocopy of your SEVIS I-20 (not original) with an endorsement for OPT by the Director of ISSS within 60 days.

8 CFR 214.2(f)(10)(ii)(C)

(C) 24-month extension of post-completion OPT for a science, technology, engineering, or mathematics (STEM) degree. Consistent with paragraph (f)(11)(i)(C) of this section, a qualified student may apply for an extension of OPT while in a valid period of post-completion OPT authorized under 8 CFR 274a.12(c)(3)(i)(B). An extension will be for 24 months for the first qualifying degree for which the student has completed all course requirements (excluding thesis or equivalent), including any qualifying degree as part of a dual degree program, subject to the requirement in paragraph (f)(10)(ii)(C)(3) of this section that previously obtained degrees must have been conferred. If a student completes all such course requirements for another qualifying degree at a higher degree level than the first, the student may apply for a second 24- month extension of OPT while in a valid period of post-completion OPT authorized under 8 CFR 274a.12(c)(3)(i)(B). In no event may a student be authorized for more than two lifetime STEM OPT extensions. A student who was granted a 17-month OPT extension under the rule issued at 73 FR 18944, whether or not such student requests an additional 7-month period of STEM OPT under 8 CFR 214.16, is considered to have been authorized for one STEM OPT extension, and may be eligible for only one more STEM OPT extension. Any subsequent application for an additional 24-month OPT extension under this paragraph (f)(10)(ii)(C) must be based on a degree at a higher degree level than the degree that was the basis for the student's first OPT extension. In order to qualify for an extension of post-completion OPT based upon a STEM degree, all of the following requirements must be met.

8 CFR 214.2(f)(10)(ii)(C)(1)

(1) Accreditation. The degree that is the basis for the 24-month OPT extension is from a U.S. educational institution accredited by an accrediting agency recognized by the Department of Education at the time of application.

8 CFR 214.2(f)(10)(ii)(C)(2)

(2) DHS-approved degree. The degree that is the basis for the 24-month OPT extension is a bachelor's, master's, or doctoral degree in a field determined by the Secretary, or his or her designee, to qualify within a science, technology, engineering, or mathematics field.

8 CFR 214.2(f)(10)(ii)(C)(2)(i)

(i) The term "science, technology, engineering or mathematics field" means a field included in the Department of Education's Classification of Instructional Programs taxonomy within the two-digit series or successor series containing engineering, biological sciences, mathematics, and physical sciences, or a related field. In general, related fields will include fields involving research, innovation, or development of new technologies using engineering, mathematics, computer science, or natural sciences (including physical, biological, and agricultural sciences).

8 CFR 214.2(f)(10)(ii)(C)(2)(ii)

(ii) The Secretary, or his or her designee, will maintain the STEM Designated Degree Program List, which will be a complete list of qualifying degree program categories, published on the Student and Exchange Visitor Program Web site at http://www.ice.gov/sevis. Changes that are made to the Designated Degree Program List may also be published in a notice in the Federal Register. All program categories included on the list must be consistent with the definition set forth in paragraph (f)(10)(ii)(C)(2)(i) of this section.

8 CFR 214.2(f)(10)(ii)(C)(2)(iii)

(iii) At the time the DSO recommends a 24-month OPT extension under this paragraph (f)(10)(ii)(C) in SEVIS, the degree that is the basis for the application for the OPT extension must be contained within a category on the STEM Designated Degree Program List.

8 CFR 214.2(f)(10)(ii)(C)(3)

(3) Previously obtained STEM degree(s). The degree that is the basis for the 24-month OPT extension under this paragraph (f)(10)(ii)(C) may be, but is not required to be, the degree that is the basis for the post-completion OPT period authorized under 8 CFR 274a.12(c)(3)(i)(B). If an application for a 24-month OPT extension under this paragraph (f)(10)(ii)(C) is based upon a degree obtained previous to the degree that provided the basis for the period of post-completion OPT authorized under 8 CFR 274a.12(c)(3)(i)(B), that previously obtained degree must have been conferred from a U.S. educational institution that is accredited and SEVP-certified at the time the student's DSO recommends the student for the 24-month OPT extension and must be in a degree program category included on the current STEM Designated Degree Program List at the time of the DSO recommendation. That previously obtained degree must have been conferred within the 10 years preceding the date the DSO recommends the student for the 24-month OPT extension.

8 CFR 214.2(f)(10)(ii)(C)(4)

(4) Eligible practical training opportunity. The STEM practical training opportunity that is the basis for the 24-month OPT extension under this paragraph (f)(10)(ii)(C) must be directly related to the degree that qualifies the student for such extension, which may be the previously obtained degree described in paragraph (f)(10)(ii)(C)(3) of this section.

8 CFR 214.2(f)(10)(ii)(C)(5)

(5) Employer qualification. The student's employer is enrolled in E-Verify, as evidenced by either a valid E-Verify Company Identification number or, if the employer is using an employer agent to create its E-Verify cases, a valid E-Verify Client Company Identification number, and the employer remains a participant in good standing with E-Verify, as determined by USCIS. An employer must also have an employer identification number (EIN) used for tax purposes.

8 CFR 214.2(f)(10)(ii)(C)(6)

(6) Employer reporting. A student may not be authorized for employment with an employer pursuant to paragraph (f)(10)(ii)(C)(2) of this section unless the employer agrees, by signing the Training Plan for STEM OPT Students, Form I-983 or successor form, to report the termination or departure of an OPT student to the DSO at the student's school, if the termination or departure is prior to the end of the authorized period of OPT. Such reporting must be made within five business days of the termination or departure. An employer shall consider a student to have departed when the employer knows the student has left the practical training opportunity, or if the student has not reported for his or her practical training for a period of five consecutive business days without the consent of the employer, whichever occurs earlier.

8 CFR 214.2(f)(10)(ii)(C)(7)

(7) Training Plan for STEM OPT Students, Form I–983 or successor form.

8 CFR 214.2(f)(10)(ii)(C)(7)(i)

(i) A student must fully complete an individualized Form I-983 or successor form and obtain requisite signatures from an appropriate individual in the employer's organization on the form, consistent with form instructions, before the DSO may recommend a 24-month OPT extension under paragraph (f)(10)(ii)(C)(2) of this section in SEVIS. A student must submit the Form I-983 or successor form, which includes a certification of adherence to the training plan completed by an appropriate individual in the employer's organization who has signatory authority for the employer, to the student's DSO, prior to the new DSO recommendation. A student must present his or her signed and completed Form I-983 or successor form to a DSO at the educational institution of his or her most recent enrollment. A student, while in F-1 student status, may also be required to submit the Form I-983 or successor form to ICE and/or USCIS upon request or in accordance with form instructions.

8 CFR 214.2(f)(10)(ii)(C)(7)(ii)

(ii) The training plan described in the Form I-983 or successor form must identify goals for the STEM practical training opportunity, including specific knowledge, skills, or techniques that will be imparted to the student, and explain how those goals will be achieved through the work-based learning opportunity with the employer; describe a performance evaluation process; and describe methods of oversight and supervision. Employers may rely on their otherwise existing training programs or policies to satisfy the requirements relating to performance evaluation and oversight and supervision, as applicable.

8 CFR 214.2(f)(10)(ii)(C)(7)(iii)

(iii) The training plan described in the Form I-983 or successor form must explain how the training is directly related to the student's qualifying STEM degree.

8 CFR 214.2(f)(10)(ii)(C)(7)(iv)

(iv) If a student initiates a new practical training opportunity with a new employer during his or her 24-month OPT extension, the student must submit, within 10 days of beginning the new practical training opportunity, a new Form I-983 or successor form to the student's DSO, and subsequently obtain a new DSO recommendation.

8 CFR 214.2(f)(10)(ii)(C)(8)

(8) Duties, hours, and compensation for training. The terms and conditions of a STEM practical training opportunity during the period of the 24-month OPT extension, including duties, hours, and compensation, must be commensurate with terms and conditions applicable to the employer's similarly situated U.S. workers in the area of employment. A student may not engage in practical training for less than 20 hours per week, excluding time off taken consistent with leave-related policies applicable to the employer's similarly situated U.S. workers in the area of employment. If the employer does not employ and has not recently employed more than two similarly situated U.S. workers in the area of employment, the employer nevertheless remains obligated to attest that the terms and conditions of a STEM practical training opportunity are commensurate with the terms and conditions of employment for other similarly situated U.S. workers in the area of employment. "Similarly situated U.S. workers" includes U.S. workers performing similar duties subject to similar supervision and with similar educational backgrounds, industry expertise, employment experience, levels of responsibility, and skill sets as the student. The duties, hours, and compensation of such students are "commensurate" with those offered to U.S. workers employed by the employer in the same area of employment when the employer can show that the duties, hours, and compensation are consistent with the range of such terms and conditions the employer has offered or would offer to similarly situated U.S. employees. The student must disclose his or her compensation, including any adjustments, as agreed to with the employer, on the Form I-983 or successor form.

8 CFR 214.2(f)(10)(ii)(C)(9)

(9) Evaluation requirements and Training Plan modifications.

8 CFR 214.2(f)(10)(ii)(C)(9)(i)

(i) A student may not be authorized for employment with an employer pursuant to paragraph (f)(10)(ii)(C)(2) of this section unless the student submits a self-evaluation of the student's progress toward the training goals described in the Form I-983 or successor form. All required evaluations must be completed prior to the conclusion of a STEM practical training opportunity, and the student and an appropriate individual in the employer's organization must sign each evaluation to attest to its accuracy. All STEM practical training opportunities require an initial evaluation within 12 months of the approved starting date on the employment authorization document granted pursuant to the student's 24-month OPT extension application, and a concluding evaluation. The student is responsible for ensuring the DSO receives his or her 12-month evaluation and final evaluation no later than 10 days following the conclusion of the reporting period or conclusion of his or her practical training opportunity, respectively.

8 CFR 214.2(f)(10)(ii)(C)(9)(ii)

(ii) If any material change to or deviation from the training plan described in the Form I- 983 or successor form occurs, the student and employer must sign a modified Form I-983 or successor form reflecting the material change(s) or deviation(s). Material changes and deviations relating to training may include, but are not limited to, any change of Employer Identification Number resulting from a corporate restructuring, any reduction in compensation from the amount previously submitted on the Form I-983 or successor form that is not tied to a reduction in hours worked, any significant decrease in hours per week that a student engages in a STEM training opportunity, and any decrease in hours worked below the minimum hours for the 24-month extension as described in paragraph (f)(10)(ii)(C)(8) of this section. Material changes and deviations also include any change or deviation that renders an employer attestation inaccurate, or renders inaccurate the information in the Form I-983 or successor form on the nature, purpose, oversight, or assessment of the student's practical training opportunity. The student and employer must ensure that the modified Form I-983 or successor form is submitted to the student's DSO at the earliest available opportunity.

8 CFR 214.2(f)(10)(ii)(C)(9)(iii)

(iii) The educational institution whose DSO is responsible for duties associated with the student's latest OPT extension under paragraph (f)(10)(ii)(C)(2) of this section is responsible for ensuring the Student and Exchange Visitor Program has access to each individualized Form I- 983 or successor form and associated student evaluations (electronic or hard copy), including through SEVIS if technologically available, beginning within 30 days after the document is submitted to the DSO and continuing for a period of three years following the completion of each STEM practical training opportunity.

8 CFR 214.2(f)(10)(ii)(C)(10)

(10) Additional STEM opportunity obligations. A student may only participate in a STEM practical training opportunity in which the employer attests, including by signing the Form I-983 or successor form, that:

8 CFR 214.2(f)(10)(ii)(C)(10)(i)

(i) The employer has sufficient resources and personnel available and is prepared to provide appropriate training in connection with the specified opportunity at the location(s) specified in the Form I-983 or successor form;

8 CFR 214.2(f)(10)(ii)(C)(10)(ii)

(ii) The student on a STEM OPT extension will not replace a full- or part-time, temporary or permanent U.S. worker; and

8 CFR 214.2(f)(10)(ii)(C)(10)(iii)

(iii) The student's opportunity assists the student in reaching his or her training goals.

8 CFR 214.2(f)(10)(ii)(C)(11)

(11) Site visits. DHS, at its discretion, may conduct a site visit of any employer. The purpose of the site visit is for DHS to ensure that each employer possesses and maintains the ability and resources to provide structured and guided work-based learning experiences consistent with any Form I-983 or successor form completed and signed by the employer. DHS will provide notice to the employer 48 hours in advance of any site visit, except notice may not be provided if the visit is triggered by a complaint or other evidence of noncompliance with the regulations in this paragraph (f)(10)(ii)(C).