USCIS Releases Guidance on OPT Training Student Extension Eligibi

USCIS updated guidance in the USCIS Policy Manual regarding when students may be eligible for extensions of optional practical training (OPT) for science, technology, engineering, and mathematics (STEM) fields. This guidance, available in Volume 2, Part F of the Policy Manual, also clarifies guidelines for F/M nonimmigrant students regarding online study, school transfers, grace period, and study abroad.

Under the updated Policy Manual:

Students may apply one online or distance learning class, equivalent to three credits, toward a full course of study per academic session if the class does not require physical attendance for any essential part of its completion.
Students may transfer between schools certified by the U.S. Immigration and Customs Enforcement (ICE) Student and Exchange Visitor Program (SEVP) at the same educational level or move between educational levels.
During the 60-day grace period following an authorized post-completion OPT, students may change their education level, transfer to another SEVP-certified school, or apply or petition USCIS to change to a different nonimmigrant or immigrant status.
Students may now be eligible for post-completion OPT after completing an associate’s degree program.
The new policy alert corrects the period during which students may apply for STEM OPT extensions. F-1 students may submit a properly filed Form I-765 up to 90 days before the expiration of their current post-completion OPT EAD and no more than 30 days after their DSO enters the STEM OPT recommendation into Student and Exchange Visitor Information System (SEVIS).
If a student enrolled in a SEVP-certified school participates in a study abroad program lasting less than five months, they can maintain active status in SEVIS. However, if the study abroad program extends beyond five months, the student must obtain a new Form I-20, Certificate of Eligibility for Nonimmigrant Student Status.

This guidance is effective immediately and applies to requests pending or filed on or after Aug. 27, 2024.

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