Regulatory Information
OPT Interim Final Rule Update - April 11 2008
April 11, 2008
During a meeting on April 11, 2008 with NAFSA and other stakeholders, SEVP provided some guidance on the OPT rule.
Please note: These answers were verbal and are subject to change. SEVP subsequently issued a 30-page policy guidance document to explain its understanding of the interim final OPT rule.
During a meeting on April 11, 2008 with NAFSA and other stakeholders, SEVP provided some guidance on the OPT rule.
Please note: These answers were verbal and are subject to change. SEVP subsequently issued a 30-page policy guidance document to explain its understanding of the interim final OPT rule.
17-month STEM Extension
- SEVIS 5.8 will be rolled out on Friday, April 18, 2008 and will include functionality to request a 17-month extension for STEM graduates currently on post-completion OPT.
- SEVP has posted the SEVIS Release 5.8 Training Slides - F/M Users which includes more information on functionality and instructions for recommending a 17-month STEM extension in SEVIS 5.8.
Unemployment Provisions
- SEVP indicated that days of unemployment will be counted from either the start date requested (no later than 60 days after program end date) or the date the employment authorization is adjudicated, whichever is later.
- SEVP further indicated that ICE may consider tolling the days for those students whose EAD was approved but not received (e.g. lost in the mail). For example, if a student has to re-apply for a duplicate EAD because the first was lost in the mail, ICE may take into account the date the duplicate EAD was issued.
- Regarding unpaid employment, SEVP said:
- For regular post-completion OPT, the employment does NOT have to paid employment. Therefore, a student who is self-employed (including performance majors with regular “gigs”), interning or volunteering in a position directly related to the academic field would be considered “employed” for the purposes of OPT employment.
- For the 17-month STEM extension, employment must be traditional paid employment.
