DHS Proposes New STEM OPT Extension Rule

The U.S. Department of Homeland Security is expected to publish new proposed STEM OPT regulations on October 19, 2015. There would then be a 30-day comment period after which the comments would be reviewed and a final rule will be published in the Federal Register. The proposed regulations will allow for a 24-month extension of OPT status for F-1 students who have a designated STEM degree. This 24-month STEM OPT extension will replace the previous 17-month extension that was available until the regulations allowing the extensions were vacated by a Federal Court in August of this year. The proposed rule would also include the previous H-1B Cap Gap provisions that would allow individuals in the U.S. in F-1 OPT status to remain work authorized when their OPT status expires and they have a pending or approved H-1B application that will become effective on October 1st of the same year, so long as their H-1B application was filed and pending at the time their OPT status expires.

The new regulations should go into effect before the current STEM OPT extension regulations are set to be revoked in February 2016.