Great News (12 + 24 = 36 Months) STEM OPT Rule Survives!

Optional Practical Training (OPT)

12 Months: Granted to students on F1 (student) visa status completing undergraduate (BS/BA) or graduate (MS/MBA) degrees

24 Months Extension: Students with degrees from STEM (Science, Technology, Engineering & Mathematics) fields

Therefore, students completing a degree from the STEM field get an OPT period of total 36 months (Regular 12 months + 24 months extension), permitting them to work in the US without H1B visa.

STEM-OPTOPT is a temporary employment authorization that is directly related to a student’s area of study. Students pursuing their education in the US on student (F1) visa are eligible to work in the US under the F1-OPT visa program, which gives them an opportunity to apply the education obtained in an academic degree to a practical work experience.

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OPT Period Extension and H1B Visa

Every year U.S. Citizenship and Immigration Services (USCIS) accepts H1B petitions starting from 1st April. As such, petitions for the fiscal year 2017 will be accepted from 1st April 2016. The current quota for H1B VISA is 65,000 under the general category and 20,000 under the advanced degree exemption – also known as the Masters quota. Thus, the total quota stands at 85,000. In the previous year, USCIS received a total of nearly 233,000 H1B petitions under both the categories put together from 1st April to 7th April and then they stopped accepting new applications. For the first time, USCIS received more than the limit of 20,000 H1B petitions under the Masters quota (the exact number of applications is not declared by USCIS). Computer generated random selection process (lottery) is conducted for Masters quota petitions which selects 20,000 applicants for the Master’s degree cap completion. The H1B petitions filed under Masters quota cap, but not selected in the first round of lottery are then added to the general quota of petitions. The lottery is then conducted for this pool to select 65,000 petitions towards the general quota cap completion. USCIS rejects and returns the remaining H1B petitions.

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24-Month STEM OPT Extension

The Department of Homeland Security (DHS) is amending it F1 non immigrant visa regulations on Optional Practical Training (OPT) for certain students with degrees in Science, Technology, Engineering or Mathematics (STEM) from US institutions of higher education.

OPT is a period during which undergraduates (BS/BA) and graduate students (MS/MBA) with F1 status who have completed or have been pursuing their degrees for more than 9 months are permitted by the United States Citizenship and Immigration Services (USCIS) to work for 12 months on a student visa towards getting practical training to complement their education. On April 2nd 2008 DHS announced a 17-month extension to the OPT for students in qualifying STEM fields to be eligible for the 12-month permit. Any degree in any field of studies is valid. For the 17-month OPT extension a student must have received a STEM degree as listed on the USCIS website.

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