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STEM OPT Overview

STEM OPT: An Overview

August 8, 2022 Philip Levin

What is a STEM OPT Extension?

If you are an international student who completed a STEM designated degree  (“Science, Technology, Engineering and Math”) at a United States college or university under the F-1 student visa program, you may be aware of the opportunity to engage in on-the-job, practical training in your field upon graduation. Post-completion Optional Practical Training (“OPT”) permits up to 12 months of work authorization in the U.S., while a degree in a STEM field can provide an additional 24 months of OPT work authorization.

Who is eligible for the STEM OPT Extension?

The primary requirement for a STEM OPT extension of employment authorization is that you must graduate with a Bachelor’s, Master’s or Doctoral degree in a STEM Designated field (identified by its 6 digit CIP code) from an accredited school that is also certified under the Student and Exchange Visitor Program (SEVP). You must have already been authorized by the Immigration Service (“USCIS”) for the 12 month post-completion OPT, and be working at least 20 hours per week in your field of study for an E-Verify U.S. employer. Application for a STEM OPT extension must occur while your initial OPT is still valid.

If during your time in STEM OPT you earn a second higher STEM designated degree (ie: you earn a Master’s after your initial Bachelor’s Degree), you may be eligible to apply for an additional OPT extension.

What is the application process for the STEM OPT?

To begin your STEM OPT extension, you need to complete and submit Form I-765: Application for Employment Authorization, Form I-20: Certificate of Eligibility for Nonimmigrant Student Status, and Form I-983: Training Plan for STEM OPT Students.

  • Form I-765 – This form may be filed online or via mail. Your employer’s name and related identifiers must exactly match its listing in E-Verify, and you must include its “E-Verify Company Identification Number.”
  • Form I-20 – This form must be endorsed by your college or university’s Designated School Official (“DSO”) within sixty (60) days before application.
  • Form I-983: Training Plan For Stem Opt Students – This form must be completed by both you and your potential STEM OPT employer. This form provides details on the specific training plan your employer will provide in order to enhance your educational goals. Your DSO may have additional requirements for you to complete before endorsing your STEM OPT materials.

These forms and supporting documentation must be submitted together with the Form I-765 application fee (currently US$410) payable by check, money order, or credit card, as well as a photocopy of your STEM degree, to USCIS.

If approved, what must I do to maintain my STEM OPT?

The Department of Homeland Security (“DHS”) requires you to update your contact and employer information every six (6) months, even if nothing changes. Any change to your residence or employer must be reported to your DSO within ten (10) days of that change, to include filing Form AR-11 with USCIS to update them of your new home address.

If your employment terminates during your STEM OPT, you are permitted to be unemployed for no longer than sixty (60) days before you must depart the U.S. If you secure a new job, the new position must also be in your STEM field, and your new employer must satisfy all regulatory obligations as were required of your first employer; to include continuing E-Verify enrollment, adherence to your Form I-983 training plan, and affirming that your employment will not negatively impact the employment of U.S. citizens or green card holders.

Let us help you!

The immigration laws of the United States are both confusing and challenging. Philip Levin & Associates has been assisting people navigate these challenges since 1985, and our team of expert immigration attorneys are fully-versed in the requirements and processes to obtain STEM OPT for those who qualify. If you are a potential employer or school official who wishes to understand how to make STEM OPT opportunities available to international students, we can provide guidance for you as well. Reach out to us today, and let us put our experience to work for you!

You have questions. We have answers.

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TN

The TN nonimmigrant classification allows qualified Canadian and Mexican citizens to enter the U.S. and engage in professional business activities. LPPC will help you navigate through the TN application process by evaluating your eligibility, preparing supporting documentation for your application, and ultimately filing your application. 

B-1

LPPC will guide you through the consular process to receive a B-1 visa for specific short-term business purposes ranging from contract negotiations to seminars and conferences.

O-1

O-1 visas are for persons of extraordinary ability in the sciences, arts, education, business or sports. 

J-1

Administered by the Department of State, the J-1 visa is for students, trainees, academics, researchers, professionals or experts participating in an approved Exchange Visitor program. LPPC will assist you and your sponsor with preparing the necessary paperwork and the consular process so you can begin your program at ease. 

E-1 & E-2

E-1 visas and E-2 visas are for nationals of countries with which the United States has a treaty of friendship, commerce and navigation (FCN) or bilateral investment treaty (BIT). If you are a nonimmigrant trader or investor seeking to conduct business operations or develop a new enterprise in the U.S., we will help you file for the appropriate visa. As a recognized expert in this area, Mr. Levin will provide experienced and dependable assistance with E-1 or E-2 visa applications. 

  • E-1: If you are a national of a country that conducts a significant volume of trade with the U.S. (or if you intend to develop trade between the U.S. and your home country) you might be eligible for entry under an E-1 visa. 
  • E-2: The E-2 visa allows investors from treaty countries to enter the U.S. for purposes of directing and developing a business, with all the commitments and risks implicit in entrepreneurial activity. 
L-1

The L-1 visa category is for executives, managers or professionals employed by foreign affiliates of U.S companies. The L-1 visa is divided into two classifications:

  • L-1A Intracompany Transferee Executive or Manager
  • L-1B Intracompany Transferee Specialized Knowledge
H-1B

Many companies in the United States find themselves increasingly dependent on the talent, experience and energy of foreign national workers in professional, technical or specialized occupational fields. These employees typically enter the U.S. on nonimmigrant H-1B visas for “specialty occupations.” 

With extensive experience in business immigration, you can count on LPPC to guide your company or Human Resources department in preparing and filing an H-1B visa petition.

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Family preservation and reunification is a priority for our firm. Our attorneys have advised and assisted families from all over the world with entry visas, adjustment of status, and other immigration problems. 

  • Immediate Relatives: If you are the spouse, child, or parent of a U.S. citizen, we can help you obtain a green card through an Immediate Relative petition. 
  • Family-Based Preference: If your relative is a U.S. citizen or lawful permanent resident, we can assist you with your green card application through one of the family based preference categories.
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If you are a U.S. citizen and your fiancé/fiancée or spouse is overseas, our office will assist you to navigate the CIS requirements and regulations to have the case approved and then prepare you and your spouse for the interview at the U.S. Embassy. LPPC will also help you find the best ways to resolve any problems you encounter if a waiver is required in your case.

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Immigration through marriage is a common means of obtaining permanent residence in the U.S.  Since 1991, Philip Levin & Associates has helped hundreds of couples immigrate to the U.S. and build their lives together. 

  • I-130 Petition and Adjustment of Status: If you are married to a U.S. citizen, present in the U.S. and eligible to do so, our attorneys will assist you in preparing and filing the necessary I-130 petition and I-485 adjustment of status application in the U.S.
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