The New STEM OPT Regulations International Students and

The New STEM OPT Regulations International Students and Scholar Services University of Maryland College Park April 29, 2016 Webinar

Overview of changes Aspect Duration and dates Current Rule - up until May 9 th, 2016 New Rule - May 10, 2016 • 17 month extension • 30 extra days unemployment (120 total days) • 24 month extension • 60 extra days unemployment (150 total days) Eligibility • School accreditation not required • Can be based only on degree that supported initial OPT • Involved schools must be accredited • Can be based on prior STEM degree • New STEM degree list Repeat Eligibility • None- 1 per lifetime • 2 per lifetime (second, only after higher degree) • Use of a 17 -month extension counts as one of them Connection to major • U. S. worker protections • Not specified • No volunteer, no self-employment, no staffing agency • Must be at least 20 hours per week for each employer • Wages commensurate with similarly situated U. S. workers • STEM OPT student cannot replace a U. S. worker Procedures • SEVIS functioning • File I-765 within 30 days of DSO recommendation in SEVIS • Can apply 120 days before end of initial OPT • SEVIS only partially ready-workarounds established • File I-765 within 60 days of DSO recommendation in SEVIS (initial OPT still 30 days) • Can apply 90 days before end of initial OPT Employer responsibilites • Provide E-verify number • Notify DSO if employment is terminated • Employer ID # and E-verify number • Training plan (I-983) plus verification every 6 months • Review and sign evaluation within 12 months and at end of employment • Notify DSO if employment is terminated or student doesn’t show in 5 days • Site visits Work in field of study • Work in field of study • I-983 Training plan • Evaluation and reporting requirements

Provisions that have not changed • Stem OPT employment is only allowed with employers who participate in the E-verify program. • There are no changes in the initial 12 -month period of OPT, including the 90 days unemployment limit. • Employment under STEM OPT must be 20 hours/week or more to avoid unemployment days. (for each employer) • You must file for STEM OPT before the end of the initial OPT authorization ends. • When your STEM OPT application is receipted, you can continue to work for up to 180 days while awaiting adjudication.

Closer review of major changes

The STEM OPT extension period is extended to 24 months • The 24 month period will automatically apply only to those application that are adjudicated May 10, 2016 or later. • Students who have 17 month STEM extensions approved prior to May 9 th, may have the option to request the additional remaining 7 months. This requires a separate application process. • ISSS cannot recommend a 24 month STEM at this time, for two reasons • The new rule becomes effective May 10, 2016 • SEVIS does not have the functionality to request 24 months until May 13 th, 2016

Two STEM extensions are possible • Two separate 24 month STEM extensions are possible • The 2 nd STEM extension requires that the initial OPT be based upon a higher degree level; you cannot get two period of any OPT at the same academic level. • These extension must be separated; you will not apply for two STEM extension based upon the same degree. • Two STEM extensions is a lifetime limit, regardless of SEVIS numbers or changes of immigration status.

A STEM extensions may be based upon a prior U. S. degree. • A STEM extension to an initial 12 month OPT is possible based on a previous STEM degree. • The student cannot have already obtained a STEM extension on the prior degree. • The previous degree must be from a U. S. accredited school and granted within the last 10 years. • The student will need to provide the necessary documentation to ISSS that he/she qualified. (upload diploma on eform)

The New Form I-983 TRAINING PLAN FOR STEM OPT STUDENTS • The I-983 is required before ISSS can make a 24 month OPT STEM recommendation or to request the additional 7 months of OPT STEM • The regulation puts the primary responsibility on the student, but does require employer involvement and certification. • ISSS is not involved in completion the I-983, but does need to review to check that it is complete, signed and address all program requirements. • USCIS has a tutorial to help students and employers complete the form. • https: //studyinthestates. dhs. gov/form-i-983 -overview

Reporting Requirements Validating SEVIS Information Every six months a student must confirm that employment in SEVIS accurately reflects their current circumstance. (e-form under development) Annual Self-Evaluations and exit evaluation STEM OPT student must submit to their DSO an annual self-evaluation about the progress of the training experience and one at the exit of employment (e-form under development) For more information about the annual self-evaluation, please visit the Students and the Form I-983 page Material Changes to an Existing Form I-983 Each STEM OPT student must report to their DSO any material changes to, or material deviations from, the student's formal training plan. Unemployment STEM OPT students must report the termination of their practical training experience within 10 days of the event. Please note that STEM OPT students must report a change in this information, including any loss of employment, within 10 days of the change

Unemployment and Hours worked • Employment must be at least 20 hours per week for each employer. • The maximum number of days of unemployment for students under STEM OPT is now 150 (90+60) • This limit includes unemployment under both initial OPT and the STEM extension • There is still a maximum of 90 days during the initial OPT period and gives an additional 60 days during 24 month STEM.

Application filing window • The filing window for 24 month STEM OPT begins at 90 days before the expiration of the initial OPT period. (was 120 days) • Application must be received before initial OPT expires. (same as before) • When your STEM OPT application is receipted you may continue to work for up to 180 days. (same as before)

Cap-Gap • No changes to Cap-Gap. The new regulation reaffirmed ability to use Cap-Gap. • Applies to student who have valid OPT (initial or STEM) and whose employers have filed a capsubject H-1 B application during the early April filing period. • Allows an extension of expiring OPT through Sept. 30 th • OPT must be valid on April 1 , if expires earlier, student doesn’t qualify. • Use I-Terp to request Cap-Gap extension

Three types of students Already approved 17 month STEM pending On initial OPT ready to file for STEM extension

Already approved for the 17 th month extension • You are not required to transition to 24 month STEM OPT • If you wish to apply for the additional 7 months: • Must be filed between May 10 and August 8, 2016 • Student must have at least 150 days of STEM OPT remaining at the time the application is filed ( not eligible for any STEM ending before October 7 th ) • Requires filing of new I-765 along with $380 filing fee • Student must complete and submit the I-983 form to ISSS before requesting • ISSS must generate a new I-20 with recommendation for the STEM extension (will be possible to create I-20 on May 13 th) • Make the 7 month extension request in I-Terp using eform “Request Additional 7 -Month Extension”

Already approved: Requesting additional 7 months Visit https: //iterp. umd. edu Click F-1 Student Services > STEM: Request additional 7 month extension (form will be available 5/6/16) • • Answer “Yes” to the first question to access the appropriate fields. Be prepared to upload EAD card and I-983 ISSS will review and issue new I-20 within 3 -5 business days. • Fill out the “Mail My Immigration Documents” eform if you would like the I-20 shipped to you at your own expense.

Already approved: Requesting additional 7 months Mail the following documents to the USCIS (before 8/8/2016): A personal check made out to Department of Homeland Security for $380 Two color passport photos) (2"x 2", write name and SEVIS number on back of both photos; must be taken within 30 days) The original Form I-765 Question #16 should be filled with (c) (3) (C) Question #17 should include your degree (as listed on your I-20), Employer's name and E-verify number A photocopy of the new I-20 the ISSS advisor will process for you which shows your request for STEM OPT Photocopies of all previous I-20(s) Photocopy of previous EAD card(s) Photocopy of passport information and expiration page Photocopy of visa Photocopy of I-94 card (front and back) Copy of your most recent diploma in a STEM field or your official transcripts Recommended, but not required: Statement from the employer regarding how the employment relates to the STEM field If your I-765 address is in: Mail your application to: Alaska, Arizona, California, Colorado, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Michigan, Minnesota, Missouri, Montana, Nebraska, Nevada, North Dakota, Ohio, Oregon, South Dakota, Utah, Washington, Wisconsin, Wyoming, Guam, or the Commonwealth of Northern Mariana Islands. USCIS Phoenix Lockbox Alabama, Arkansas, Connecticut, Delaware, District of Columbia, Florida, Georgia, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Mississippi, New Hampshire, New Jersey, New Mexico, New York, North Carolina, Pennsylvania, Puerto Rico, Rhode Island, South Carolina, Oklahoma, Tennessee, Texas, Vermont, Virginia, U. S. Virgin Islands, or West Virginia USCIS Dallas Lockbox For U. S. Postal Service (USPS) deliveries: USCIS PO Box 21281 Phoenix, AZ 85036 For Express mail and courier deliveries: USCIS Attn: AOS 1820 E. Skyharbor Circle S Suite 100 Phoenix, AZ 85034 For U. S. Postal Service (USPS) Deliveries: USCIS PO Box 660867 Dallas, TX 75266 For Express mail and courier deliveries: USCIS Attn: AOS 2501 S. State Hwy. 121 Business Suite 400 Lewisville, TX 75067

17 month STEM OPT extension filed and pending by May 10 th • USCIS will send a Request for Evidence (RFEs) allowing students to amend their application to demonstrate eligibility for a 24 -month extension • No additional fees will be required • I-983 training plan will be needed • Send copy of new I-20 from ISSS showing the 24 month extension • Once RFE is received, student must go to i. Terp and complete e-form “STEM: Request Additional 7 -Month Extension”. i. Terp form will be available May 6, 2016 • Students will not have the option to opt for the 17 month extension if pending STEM is being adjudicated after May 10 th.

17 month extension pending: Responding to the RFE Visit https: //iterp. umd. edu Click F-1 Student Services > STEM: Request additional 7 month extension (form will be available 5/6/16) • • Answer “No” to the first question to access the appropriate fields. Be prepared to upload copy of RFE and I-983 ISSS will review and issue new I-20 within 3 -5 business days. • Fill out the “Mail My Immigration Documents” eform if you would like the I-20 shipped to you at your own expense. Once you have the new 24 -month I-20, follow the instructions on your RFE to mail a copy to the USCIS. No fees or additional materials are needed.

On initial OPT ready to file for STEM extension • • Must still have active initial OPT when application is receipted The I-765 must be filed May 10, 2016 or later Student follows new requirements for STEM OPT extension Use e-form “ 24 month STEM Extension e-form” in i. Terp. Form available May 9 th, ISSS can’t produce I-20 until May 13 th, 2016 • Requires I-983 with I-terp request

New 24 -month extension applications: Requesting the I-20 Visit https: //iterp. umd. edu Click F-1 Student Services > OPT STEM Request (form will be updated for 24 month extension on 5/6/16) • • All applicants should be prepared to upload I-765, I-983 and current EAD card If you are based on a prior degree, be prepared to upload additional information about your prior degree ISSS will review and issue new I-20 within 3 -5 business days. • Fill out the “Mail My Immigration Documents” e-form if you would like the I-20 shipped to you at your own expense.

New 24 -month applications: Sending your materials to USCIS Mail the following documents to the USCIS (before 8/8/2016): A personal check made out to Department of Homeland Security for $380 Two color passport photos) (2"x 2", write name and SEVIS number on back of both photos; must be taken within 30 days) The original Form I-765 Question #16 should be filled with (c) (3) (C) Question #17 should include your degree (as listed on your I-20), Employer's name and E-verify number A photocopy of the new I-20 the ISSS advisor will process for you which shows your request for STEM OPT Photocopies of all previous I-20(s) Photocopy of previous EAD card(s) Photocopy of passport information and expiration page Photocopy of visa Photocopy of I-94 card (front and back) Copy of your most recent diploma in a STEM field or your official transcripts Recommended, but not required: Statement from the employer regarding how the employment relates to the STEM field If your I-765 address is in: Mail your application to: Alaska, Arizona, California, Colorado, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Michigan, Minnesota, Missouri, Montana, Nebraska, Nevada, North Dakota, Ohio, Oregon, South Dakota, Utah, Washington, Wisconsin, Wyoming, Guam, or the Commonwealth of Northern Mariana Islands. USCIS Phoenix Lockbox Alabama, Arkansas, Connecticut, Delaware, District of Columbia, Florida, Georgia, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Mississippi, New Hampshire, New Jersey, New Mexico, New York, North Carolina, Pennsylvania, Puerto Rico, Rhode Island, South Carolina, Oklahoma, Tennessee, Texas, Vermont, Virginia, U. S. Virgin Islands, or West Virginia USCIS Dallas Lockbox For U. S. Postal Service (USPS) deliveries: USCIS PO Box 21281 Phoenix, AZ 85036 For Express mail and courier deliveries: USCIS Attn: AOS 1820 E. Skyharbor Circle S Suite 100 Phoenix, AZ 85034 For U. S. Postal Service (USPS) Deliveries: USCIS PO Box 660867 Dallas, TX 75266 For Express mail and courier deliveries: USCIS Attn: AOS 2501 S. State Hwy. 121 Business Suite 400 Lewisville, TX 75067

Questions Q A It is mentioned that there will be inspections under the new OPT STEM rule. Does this put restrictions on travel plans on the student (on OPT) or the supervisor? Guidance states that most inspections will be set up in advance and the employer will know about the inspection. However advance notice is not required. All absences from your employment should be arranged in advance and your employer will need to have knowledge and approve any leave you take from your job. Employers will be required to report any absences more than 5 days that have not been approved/arranged. Q A I am a self-employed individual currently contracting for a E-Verified company. Am I eligible for the 24 -month STEM extension? Under the new 24 -month rule, a STEM-eligible student cannot be working unpaid, be self-employed, or working for a staffing agency. If the supervisor who is signing your I-983 and overseeing your training is not employed by the same company that you are, you may not be eligible to continue your employment on the STEM extension.

Questions Q The email from ISSS mentions the new I-983 form which the Department of Homeland Security requires. I have already applied for OPT STEM Extension and I have received a receipt from Department of Homeland Security. Do I still need to fill this form in? If yes, do I fill it in and mail it to the same office where I mailed the rest of the documents? A. If your STEM extension is approved prior to May 10 th, you will get the 17 month extension and no further documentation will be required, you and your employer will follow the regulations associated with the 17 month STEM (no training plan, no evaluations needed) If your STEM extension is not approved prior to May 10 th, you will receive a RFE (request for evidence) and will be required to submit the I-983 and following the regulations regarding the 24 month extension. You would go to i-terp and request the additional 7 month extension and upload the RFE letter. ISSS will create a new I-20 form with the 24 month extension. The RFE will have the location specified where to mail the additional documents.

Questions Q My Company has applied for H 1 B starting Oct 1 and I got a notice that I was picked in the H 1 B lottery for the H 1 B visa. My STEM OPT is pending, will I need to apply for the additional 7 months of OPT STEM? A If your STEM extension is approved prior to May 10 th, you will get the 17 month extension and no further documentation will be required, you and your employer will follow the regulations associated with the 17 month STEM (no training plan, no evaluations needed) You should not need cap gap since you have the STEM OPT extension to continue your work until your H kicks in on Oct. 1, 2016. If your STEM extension is not approved prior to May 10 th, you will receive a RFE (request for evidence) and will be required to submit the I-983 and following the regulations regarding the 24 month extension. You must respond to the RFE or your OPT STEM application will be denied, this will mean any work you have been doing based on the 180 day rule will not be covered under STEM OPT.

Questions Q My initial opt started on 07/14/2014, I got my opt extension on 07/13/2015, which was going to be expired by 12/13/2016; According to the new opt extension rule, I will be able to apply for another 7 -month extension after 5/10/2016. Based on my situation, what do I need to prepare? A In your case, you have more than 150 days remaining on your EAD card and will be eligible to apply for the additional 7 months. You must apply for the extension between May 10, 2016 -Aug 8, 2016. You use the STEM-7 month extension eform in i-terp and will be required to submit all forms needed for the new regulations. Q I am currently on my OPT 17 th month STEM extension. I have applied for the H 1 B visa (April 2016) and it is pending. My current EAD card expires in October 5, 2016. A. No, you will not be eligible to apply for the additional 7 month extension. You do not have 150 days remaining on your EAD card.

Questions Q. I’m working at UMD for my STEM extension, who will fill out my I-983? A. Your UMD supervisor will be responsible for working with you to complete the I-983 and the evaluations. Q I applied for the STEM extension recently and received my new I-20 showing the 17 -month extension last week. I have not sent my application to the USCIS yet. Should I wait to send my application until after May 10? Should I contact ISSS to cancel this request and apply again for the 24 -month extension? No, now that you have received a 17 -month STEM I-20, you should not contact us to cancel it. You should proceed to file it with the USCIS using the 17 -month I-20 we created for you. Please do not wait to file it because if the USCIS receives it after May 10 or outside of 30 days from the date we created the I-20, they may deny your application. Once your application is filed, you should receive an RFE requesting the 24 -month I 20. You may follow the instructions in this webinar to fill out the “Request Additional 7 -Month Extension” e-form on the i. Terp system, and once you have the new I-20 you can send it according to the instructions on the RFE. A.