SEVP Policy Guidance On OPT

The Student and Exchange Visitor Program (SEVP) issued this 30-page policy guidance for DSOs, to explain SEVP's understanding of the April 8, 2008 interim final rule on optional practical training.

SEVP's Disclaimer

Here is the disclaimer that SEVP includes in its guidance:

Disclaimer: This Policy Guidance is issued as guidance to DSOs of SEVP-certified schools. Policy Guidance is not a regulation and is not intended to create or confer any rights or legal obligations or to bind the public. This Policy Guidance is intended to assist DSOs in applying the regulatory requirements in the course of their duties as a DSO. SEVP issues guidance to describe and make available to DSOs:

• Methods that the SEVP staff considers acceptable for use in implementing specific parts of the regulations pertaining to F and M nonimmigrants and SEVP-certified schools;
• Techniques the SEVP staff uses in evaluating specific issues; and
• Data the SEVP staff needs in reviewing school certification or individual student issues.

SEVP will take into consideration a school’s use of these practices and any other alternative method in determining whether the school has complied with the regulation. Methods and practices that differ from those in this operational instruction may be acceptable if the school provides a basis for showing they comply with the applicable statutes and regulations. Schools are responsible for ensuring that they are using the latest version of the guidance.