We have been regularly updating you on the proposed new rule that is designed to strengthen and enhance the existing Optional Practical Training (OPT) program for international students in science, technology, engineering, and mathematics (STEM) fields.
In breaking news, U.S. Immigration and Customs Enforcement will publish the final rule in the Federal Register on March 11, 2016. Here are some of the highlights:
– Increasing the STEM OPT extension period from 17-months to 24-months
– Requiring international students and their employers to finalize and execute a formal training plan
– More site visits, generally with 48 hours’ notice, by the Department of Homeland Security
– Requiring STEM degrees to be from accredited schools
– Enhanced reporting requirements for both students and their schools, including a 6-month validation requirement; a self-evaluation requirement; and a requirement to report any changes in employment and material changes in the formal training plan
– Additional obligations for STEM OPT employers, including enrolment and maintenance of good standing with the government’s E-Verify program; attesting that it has the resources and personnel to impart the training plan and that the student will not replace a U.S. worker; and assisting with the enhanced reporting and training plan requirements referenced above.
While there are clearly strings attached, it is hoped that the new rule will provide more opportunities for eligible international students to enhance their practical experience in the U.S. and to then use this experience to further advance science, technology, engineering, and mathematics-related interests and industries throughout the U.S. We are analyzing the 300 page publication and will revise the legal strategy for our current clients’ cases accordingly.