The rule is still unpublished. It will be published on October 19 2015.
DEPARTMENT OF HOMELAND SECURITY
8 CFR Parts 214 and 274a
[DHS Docket No. ICEB-2015-0002]
RIN 1653-AA72
Improving and Expanding Training Opportunities for F-1 Non immigrant Students with STEM Degrees and Cap-Gap Relief for All Eligible F-1 Students
AGENCY: Department of Homeland Security.
ACTION: Notice of proposed rule making.
SUMMARY:
The Department of Homeland Security (DHS) proposes to amend its F-1 non immigrant student visa regulations on optional practical training (OPT) for certain students with degrees in science, technology, engineering, or mathematics (STEM) from U.S. institutions of higher education. Specifically, the proposal would allow such F-1 STEM students who have elected to pursue 12 months of OPT in the United States to extend the OPT period by 24 months (STEM OPT extension). This 24-month extension would effectively replace the 17-month STEM OPT extension currently available to certain STEM students. The rule also improves and increases oversight over STEM OPT extensions by, among other things, requiring the implementation of formal mentoring and training plans by employers, adding wage and other protections for STEM OPT students and U.S. workers, and allowing extensions only to students with degrees from accredited schools.
As with the current 17-month STEM OPT extension, the proposed rule would authorize STEM OPT extensions only for students employed by employers enrolled in U.S. Citizenship and Immigration Services’ (USCIS) E-Verify employment eligibility verification program. The proposal also includes the “Cap-Gap” relief first introduced in 2008 for any F-1 student with a timely filed H-1B petition and request for change status. This Cap-Gap relief allows such students to automatically extend the duration of F-1 status and any current employment authorization until October 1 of the fiscal year for which such H-1B visa is being requested.
The proposed rule is for 24 months rather than 17 months.
The 24 month extension would replace the 17 month STEM OPT Extension which is currently available to students.
Below is the detailed copy of the rule : Copy of New STEM OPT Rule ( Unpublished)
Background of OPT STEM Extension Revoked : OPT STEM Extension Revoked
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