USCIS Updates Guidance on OPT and Other Issues for F/M Nonimmigrant Students

U.S. Citizenship and Immigration Services (USCIS) has updated its guidance on when students may be eligible for optional practical training (OPT) extensions for science, technology, engineering, and mathematics (STEM) fields. USCIS also provided clarifying guidance for F and M nonimmigrant students about online study, school transfers, the grace period, and study abroad.

USCIS said its Policy Manual update:

• Clarifies that students may count one class or three credits (or the equivalent) per academic session (or the equivalent) toward a full course of study if they take the class online or through distance learning not requiring physical attendance for any purpose integral to completion of the class.
• Explains that students may transfer between Student and Exchange Visitor Program (SEVP)-certified schools at the same educational level or move between educational levels.
• Explains that during the 60-day grace period following an authorized period of post-completion of OPT, students may change their education level, transfer to another SEVP-certified school, or file an application or petition with USCIS to change to another nonimmigrant or immigrant status.
• Clarifies that students may be eligible for post-completion OPT after completion of an associate’s, bachelor’s, master’s, or doctoral degree program.
• Corrects the period during which students may apply for STEM OPT extensions and makes other technical corrections.

Clarifies that a student enrolled in a SEVP-certified school during a study abroad program may remain active in the Student and Exchange Visitor Information System if the study abroad program lasts less than five months, but that the student will need a new Form I-20, Certificate of Eligibility for Nonimmigrant Student Status, if the program

This is posting is for informational purposes and is not intended as legal advice. If you require further assistance or advice relating to the above, please contact our Senior Associate Lawyer, Catherine Betancourt at catherine@flynnhodkinson.com.