New Optional Practical Training (OPT) Rules for F-1 Students updated to reflect the interim final rule that was published on April 8, 2008.

On April 3, 2008, The Department of Homeland Security announced the publication of an Interim Final Rule that makes significant changes to Post-Completion Optional Practical Training for F-1 students.

This rule took effect upon publication of the rule in the U.S. Government’s Federal Register of April 8, 2008.

Highlights of the New Rule:

• The current 12-month limit on OPT will be extended by 17 months, for a total of 29 months for certain STEM degree holders ( S cience, T echnology, E ngineering & M athematics) ONLY And E-Verify participating employers
• The H-1B “Cap Gap” is eliminated by extending OPT employment and status for those who are beneficiaries of an H-1B petition with an October 1 start date (available to ALL OPT participants)
• The filing deadline for initial OPT applications is changed  (applies to all OPT participants). Under the new rule, a student will be able to file the OPT application up to 90 days before the degree completion date, and up to 60 days after the degree completion date.
• There are new reporting requirements for students and employers (applies to all OPT participants)
• Post-Completion OPT will now be dependent on employment.  Only limited periods of unemployment will be permitted (applies to all OPT participants)

We will keep you updated as more information becomes available.