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24-Month STEM OPT Rule

March 12, 2016

Final rule pertaining to STEM OPT has been published in Federal Register.  As per the rule, beginning May 10, 2016, students will be able to apply for STEM OPT for a period of 24 months.  The 17-month STEM OPT rule will remain in effect until May 9, 2016.

Few Points:

-If a 12-month OPT is expiring before May 10, 2016, students will be eligible to apply for STEM extension requesting no more than 17 months.

-If a 12-month OPT is expiring on or after May 10, 2016, students will be eligible to apply for STEM extension requesting 24 months.

-If a student has 17-month STEM approval, he or she may apply for the remaining 7 months of additional STEM extension.  There are three specific requirements surrounding this:

1) Properly file a Form I-765 on or after May 10, 2016 and on or before August 8, 2016, and within 60 days of the date the DSO enters the recommendation for the 24- month OPT extension into the student’s SEVIS record, with  fees and documents, including a new Form I-20 endorsed on or after May 10, 2016, indicating that the DSO recommends the student for a 24-month OPT extension, a completed and signed Form I-983 Mentoring and Training Plan.
2) Have at least 150 calendar days remaining prior to the end of his or her 17-month OPT extension at the time the Form I-765, is properly filed.
3) Meet all the requirements for the 24-month OPT extension, except the requirement that the student must be in a valid period of standard 12-month post-completion OPT at the time of filing.

More information will be posted as the USCIS releases guidance, instructions, and/or FAQs.

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