OPT Extension for STEM students Revised June 2024

All documents must be submitted to the DSO no later than two weeks before expiration of current OPT

https://studyinthestates.dhs.gov/stem-opt-hub/additional-resources/stem-opt-extension-overview

Eligibility

  • STEM refers to students who have graduated in Science, Technology, Engineering and Math and whose majors are listed in the STEM list. (See US CIS link below).  MS in Nutrition is eligible; no other graduate degrees offered by Dominican University are eligible. Undergrads graduating in any other field should check with the DSO about eligibility.
    https://studyinthestates.dhs.gov/eligible-cip-codes-for-the-stem-opt-extension
  • The student must currently be in OPT and employed, working in the major field of the degree or have a valid job offer for a full-time position (21+ hours per week). The employment information must have been entered into SEVIS.
  • Volunteer/unpaid and/or self-employment is not eligible for STEM extension. If the student has two employers, both positions must be for 21+ hours per week.
  • The extension is for 24 months beyond the date of the expiration of the original OPT period. This date is in the SEVIS system and cannot be changed by the DSO.
  • The student is permitted to work for 180 days while awaiting adjudication (approval or denial). If denied, there is no grace period.
Employer and Student Requirements
  • Students who file in a timely manner (application for STEM extension received before expiration of 12-month OPT) may continue work at the e-verify employer while the application for extension is pending for up to 180 days.
  • The student must validate the continuing employment, address, etc. to the DSO every six months. This validation is due within 10 days of the reporting date.
  • Student must complete a written report twice during the time of the STEM extension, including one final report. See link below for additional information.
  • The student must inform the DSO of any change in home address within 10 days of moving or enter this into student portal.
  • Students on OPT extension may not have more than a total of 120 days of unemployment during the entire 36 months.
  • The employer must be registered with e-verify and make available to the student the e-verify number.
  • The employer must also provide the EIN number which is required for STEM extension (although not required for OPT).
  • The employer must provide formal training and learning objectives directly related to the qualifying STEM degree (see form 983)
  • The employer must notify the DSO of any termination of employment or departure of the student.

Recent Updates

Process for Application

  • Request new I-20 for extension. DSO must have all employment information, including job title.  New I-20 will be included in the application and must be received by USCIS within 30 days of the date of issuance.
  • Student must verify employment information already entered into SEVIS. EIN number is required.
  • Complete revised form I 765, with all information requested.  The code for extension is (c) (3) (C).  
  • Complete item #21 with employer information—qualifying degree, company name and e-verify ID number
  • Complete and sign (student and employer) form I 983 and forward to DSO at DU.  DSO must approve the training plan.  It will be uploaded into SEVIS.
  • Letter from employer offering position and stating that student will be paid the prevailing wage.
  • Attach a copy of the diploma and/or transcript, which states degree conferred and major field.
  • Enclose a check/ money order/credit card authorization for $520.00 to the order to Department of Homeland Security or pay with online application $470.00
  • Two passport size photos taken within the past 6 months at a U.S. site.
  • Copies of valid passport and visa
  • Copy of current EAD card (front and back)
  • Copy of most recent I-94

Mail the application to USCIS

It is recommended that you mail certified/return receipt or any method which is safe and allows you to track the packet.

USCIS Chicago Lockbox
131 S. Dearborn St.  3rd Floor
Chicago IL 60603

All documents must be received before the expiration of the original OPT/EAD

USCIS Begins to More Aggressively Review STEM EAD Extension Applications 

The U.S. Citizenship and Immigration Services’ (USCIS)  Service Centers have recently begun to more aggressively review F-1 STEM Optional Practical Training (OPT) extension applications. In addition to evidencing that the student has graduated with a STEM major and is (or will be) working for an E-Verify employer, some USCIS officers at the YSC are currently requesting verification of the student’s employment history during the regular 12 month OPT period. 

In addition to employment confirmation letters, some officers are requesting copies of payroll statements and W-2 forms. If the student is unable to evidence that they had valid employment authorization during the entire OPT period, some of the USCIS officers will then explore whether the student exceeded the 90-day unemployment window during post-completion OPT. If the USCIS officer determines that the student was unemployed for more than 90 days during the post-completion OPT period, the USCIS officer may deny the STEM OPT extension application stating that the student has failed to maintain valid F-1 status

STEM OPT Employer Requirements and Responsibilities

(Copied and pasted from Study in the States/US CIS)
If you are an employer who wants to provide a practical training opportunity to a STEM OPT student during their extension, you must:

  • Be enrolled in E-Verify, as evidenced by either a valid E-Verify Company Identification number or, if the employer is using an employer agent to create its E-Verify cases, a valid E-Verify Client Company Identification number.
  • Remain a participant in good standing with E-Verify, as determined by USCIS.
  • Have a valid Employer Identification Number (EIN) issued by the Internal Revenue Service for tax purposes.
  • Report material changes to the STEM OPT student’s employment to the DSO within 5 business days.
  • Implement a formal training program to augment the student’s academic learning through practical experience.
  • Provide an OPT opportunity that is commensurate with those of similarly situated U.S. workers in duties, hours, and compensation.
Terms and Conditions for Employer Participation

In order to ensure the integrity of the program and provide safeguards for U.S. workers, any employer wishing to employ a student participating in the STEM OPT extension program must attest that:

  • The employer will have a bona fide employer-employee relationship with the student.
  • The employer has sufficient resources and personnel available to provide appropriate training in connection with the specified opportunity at the location(s) specified in the Form I-983, Training Plan for STEM OPT Students.
  • DHS may, at its discretion, conduct a site visit of the employer to ensure that program requirements are being met, including that the employer possesses and maintains the ability, personnel, and resources to provide structured and guided work-based learning experiences consistent with this Plan.
  • The STEM OPT student will not replace a full- or part-time, temporary or permanent U.S. worker. 
  • The training opportunity will assist the student in attaining his or her training goals
The Employer’s Training Obligation

As noted above, to be eligible to employ a STEM OPT student, an employer must have a bona fide employer-employee relationship with the student. The employer must attest to this fact by signing the Form I-983, Training Plan for STEM OPT Students. In order to establish a bona fide relationship, the employer may not be the student’s “employer” in name only, nor may the student work for the employer on a “volunteer” basis. Moreover, the employer that signs the Form I-983 must be the same entity that provides the practical training experience to the student. See 2016 STEM OPT Final Rule (pp. 13072, 13079).

An employer must have sufficient resources and trained or supervisory personnel available to provide appropriate training in connection with the specified training opportunity at the location(s) where the student’s practical training experience will take place, as specified in the Form I-983. The “personnel” who may provide and supervise the training experience may be either employees of the employer, or contractors who the employer has retained to provide services to the employer; they may not, however, be employees or contractors of the employer’s clients or customers. Again, the employer that signs the Form I-983 must be the same entity that provides the practical training experience to the student, utilizing its own personnel. Additionally, under no circumstances would another F-1 student on OPT or a STEM OPT extension (who is undergoing training in their own right) be qualified to train another F-1 student on a STEM OPT extension. See 8 C.F.R. 214.2.(f)(10)(ii)(C)(10) and 2016 STEM OPT Final Rule (pp. 13041, 13042, 13065, 13079, 13080-81, 13119).

While employers may rely on their otherwise existing training programs or policies to satisfy the requirements relating to performance evaluation and oversight and supervision, the student’s Training Plan must nevertheless be customized for the individual student. For instance, every Training Plan must describe the direct relationship between the STEM OPT opportunity and the student’s qualifying STEM degree, as well as the relationship between the STEM OPT opportunity and the student’s goals and objectives for work-based learning. Moreover, a STEM OPT employer may not assign, or otherwise delegate, its training responsibilities to a non-employer third party (e.g., a client/customer of the employer, employees of the client/customer, or contractors of the client/customer). See 8 C.F.R. 214.2.(f)(10)(ii)(C)(7)(ii) and 2016 STEM OPT Final Rule (pp. 13042, 13079, 13090, 13091, 13092, 13016).

Moreover, the training experience must take place on-site at the employer’s place of business or worksite(s) to which U.S. Immigration and Customs Enforcement (ICE) has authority to conduct employer site visits to ensure that the employer is meeting program requirements. This means that ICE must always have access to a student’s worksite; if the student is sent to different worksite locations as part of the training opportunity, ICE must be able to access such worksite locations. For instance, the training experience may not take place at the place of business or worksite of the employer’s clients or customers because ICE would lack authority to visit such sites. 

For the same reason, online or distance learning arrangements may not be used to fulfill the employer’s training obligation to the student. For instance, the employer may not fulfill its training obligation to provide a structured and guided work-based learning experience by having the student make periodic visits to the employer’s place of business to receive training, while the student is actually working at the place of business or worksite of a client or customer of the employer. Similarly, the employer may not fulfill its training obligation by having the student make periodic telephone calls or send periodic email messages to the employer to describe and discuss their experiences at the place of business or worksite of a client or customer of the employer. See 8 C.F.R. 214.2.(f)(10)(ii)(C)(11) and 2016 STEM OPT Final Rule (p. 13041, 13042, 13049, 13062, 13064-66, 13070, 13071, 13090, 13113).

The Employer’s Training Obligation: Staffing and Temporary Agencies

Staffing and temporary agencies may seek to employ students under the STEM OPT program, but only if they will be the entity that provides the practical training experience to the student at its own place of business and they have a bona fide employer-employee relationship with the student. For instance, a student might possibly receive STEM-related training while working in such an entity’s information technology (IT) department.

Such entities may not, however, assign or contract out students to work for one of their customers or clients, and assign, or otherwise delegate, their training responsibilities to the customer or client. As noted above, the employer that signs the Form I-983 must be the same entity that provides the practical training experience to the student. Moreover, the student’s practical training experience must be provided by the employer’s own trained or supervisory personnel at the employer’s own place of business or worksite(s), to which ICE has authority to conduct employer site visits to ensure that the employer is meeting program requirements.

Complete the Form I-983, Training Plan for STEM OPT Students. In this form,  you must attest that:

  • You have enough resources and trained personnel available to appropriately train the student;
  • The student will not replace a full- or part-time, temporary or permanent U.S. worker; and
  • Working for you will help the student attain their training objective.