Information on the new rule can be found on the STEM OPT Hub at the DHS website. Some key changes are:

  • Increases Extension Period from 17 months to 24 months.
  • Adds the option for a second STEM OPT Extension. The second STEM OPT extension must be based upon a degree completed at a higher educational level than the first STEM extension. 
  • Recognizes earlier STEM Degrees. F-1 students participating in an initial 12-months of post-completion OPT based on a non-STEM degree can use a prior eligible STEM degree from a U.S. institution of higher education as a basis to apply for a STEM OPT extension, as long as both degrees were received from currently accredited educational institutions and the practical training opportunity is directly related to the previously obtained STEM degree.
  • Updated STEM Designated Degree Program List. The STEM designated degree program list effective May 10, 2016 is available online.
  • Adds a formal training plan. The student and employer must complete a formal training plan (Form I-983) detailing training goals and type of supervision
  • Adds self-evaluations. Students must complete annual self-evaluations and obtain the employer's signature.
  • Increases Unemployment Limitation. The new rule retains the 90 days of unemployment (during the initial OPT authorization) and adds an additional 60 days of unemployment for students authorized for a 24 month STEM extension of OPT (for a total of 150 days of unemployment during the 36 months of OPT). 
  • Transition from 17-month STEM Extension to 24-month STEM Extension. Individuals currently on a 17-month STEM extension of OPT may apply for an additional 7 months of OPT authorization. 
  • Includes safeguards for U.S. workers. The rule requires the employer to certify that the terms and conditions of a STEM practical training opportunity are commensurate with those applicable to similarly situated U.S. workers on the Form I-983, Training Plan.
  • Increases School Accreditation, Employer Site Visits, and Employer Reporting. To improve the integrity of the STEM OPT extension, the rule: (1) Generally limits eligibility for such extensions to students with degrees from schools accredited by an accrediting agency recognized by the Department of Education; (2) clarifies DHS discretion to conduct employer site visits at work sites to verify whether employers are meeting program requirements, including that they possess and maintain the ability and resources to provide structured and guided work-based learning experiences; and (3) institutes new employer reporting requirements.

The rule retains other provisions of the 2008 IFR, as follows:

  • E-Verify and Reporting Requirements for STEM OPT Employers. The rule requires STEM OPT employers to be enrolled in and remain in good standing with E-Verify and to report changes in the STEM OPT student's employment to the DSO within five business days.
  • Reporting Requirements for STEM OPT Students. The rule requires STEM OPT students to report to their DSOs any name or address changes, as well as any changes to their employers' names or addresses. Students also must verify the accuracy of this reporting information every 6 months.
  • Cap-Gap Extension for F-1 Students with Timely Filed H-1B Petitions and Requests for Change of Status. The new rule includes the Cap-Gap extension provision, under which DHS temporarily extends an F-1 student's duration of status and any current employment authorization if the student is the beneficiary of a timely filed H-1B petition and change-of-status request pending with or approved by USCIS. The Cap-Gap extension extends the OPT period until the beginning of the new fiscal year (i.e., October 1 of the fiscal year for which the H-1B status is being requested).

Additional Resources: