F-1 OPT Applications In The 60-Day Grace Period

Practice Advisory

Issue

Currently, SEVIS will not allow the DSO to recommend optional practical training (OPT) once the program end date has passed, even though the regulations now permit this to be done up to 60 days after the program end date. SEVP and USCIS have agreed on a work-around while SEVIS is being upgraded.

Background

An application for OPT consists of three steps: 1) a DSO recommends the OPT in SEVIS; 2) the DSO prepares a Form I-20 with the OPT recommendation and requisite signatures; and 3) the student files a Form I-765 (with fee) and the Form I-20 with a USCIS Service Center.

New OPT regulations effective on April 8, 2008 allow F-1 students to file the OPT Form I-765 up to 90 days before their program end date, and up to 60 days after their program end date, provided the I-765 is filed within 30 days of the DSO recommendation in SEVIS [8 CFR  sec. 214.2(f)(11)(i)(B)(2)].

However, according to statements made by SEVP in an April 17, 2008 conference call with NAFSA, SEVIS has not yet been programmed to allow DSO recommendations for OPT to be made during the 60-day "grace period," even though the regulations now permit it. SEVP said that they are developing this functionality, but it will not be included in SEVIS 5.8, scheduled for release on April 18, 2008. SEVP was unable to tell us when the fix to SEVIS will take place, only that they are working on it.

Steps you can take

April 27, 2008

In an April 17, 2008 conference call, USCIS and SEVP agreed to a work-around if the recommendation for OPT is made during the 60-day grace period, rather than before the program end date. Originally, USCIS and SEVP agreed to a work-around involving a Help Desk data fix, filing the Form I-765, and waiting for an RFE from the Service Center. That process is also described in the F-1 OPT policy guidance issued on April 25. However, the Help Desk has stated that the work-around should be initiated with making a Request Change to Program Dates correction. NAFSA  will try to clarify this with SEVP and the Help Desk. In the meantime, call the SEVIS Help Desk for instructions on how to proceed.

Recommendation

Until DHS updates SEVIS to allow OPT recommendations to be made during the 60-day grace period, making OPT recommendations before the program end date will avoid having to engage in this time-consuming work-around. Keep in mind, however, the new regulation at 214.2(f)(11)(i)(B)(2) also requires the Form I-765 to be filed by the student no more than 30 days following the DSO's recommendation in SEVIS.

Examples

In these examples, the student's program end date is May 15, 2008...

1. DSO recommends post-completion OPT on May 10, 2008, before the student's program end date. The student must then file Form I-765 with the USCIS Service Center within 30 days of May 10. No work-around is necessary.
   
2. DSO does not recommend post-completion OPT prior to May 15, 2008, the student's program end date. To initiate the post-completion OPT process at this point, the DSO and student would have to use the work-around described above.