On August 27, 2024, USCIS issued policy guidance clarifying when F-1 students with a degree in a Science, Technology, Engineering, and Mathematics (STEM) field may be eligible for a 24-month optional practical training (OPT) extension. Namely, the update clarifies guidance related to online study, school transfers, the grace period, and study abroad.
The updated guidance clarifies that students may be eligible for STEM OPT after completing a bachelor’s, master’s, doctoral, or associate’s degree. The guidance also clarifies that, to meet the full course of study requirement, students can count one class or three credits (or the equivalent) of online or distance learning per term or semester. In addition, the updated guidance clarifies that students enrolled in a SEVP-certified school during a study abroad program will remain active in SEVIS if the program lasts less than 5 months, but will need a new Form I-20 if the program lasts longer than 5 months.
Generally, students have a 60-day grace period following the end of their studies or any authorized employment before having to depart the U.S. or, as the updated guidance clarifies, transfer. The guidance explains that, during the 60-day grace period, students may change their educational level, transfer to another SEVP-certified school at the same or at a different educational level, or file an application or petition with USCIS to change to another visa status.
The updated guidance is effective as of August 27, 2024, and applies to requests pending or filed on or after August 27, 2024.
Please note that the above is for informational purposes only and does not constitute legal advice. For specific questions about how the updated STEM OPT guidance may apply to your specific circumstances, please contact your team at D&S.