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DRAFT - 17-month OPT extension for STEM Majors - DRAFT

A 17-month extension of post-completion F-1 Optional Practical Training (OPT) is available for students who have completed a bachelor's, master's or doctoral degree in a science, technology, engineering or mathematics (STEM) field. Such students could, therefore, have up to 29 months of Optional Practical Training.

Eligibility for 17-month OPT extension

To qualify, a student must meet ALL of the following criteria:

    • • Have a bachelor's, master's, or doctoral degree with a major on the STEM-Designated Degree Program List    (The CIP Code referenced in the list is located on page 3 of the I-20 near the top next to the Primary Major.)
    • • Be currently on post-completion OPT based on a designated STEM degree
    • • Have not previously completed an OPT STEM extension
    • • Have a job or job offer from an employer who is enrolled in the U.S. Government’s E-Verify program, a free Internet-based employment eligibility verification system. The position must be paid employment of at least 20 hours per week
    • • Have not exceeded 90 calendar days of unemployment during the initial period of post-completion OPT
    • • Completed Form I-765 and all requested documentation must be received by USCIS before the expiration of the current post-completion OPT employment authorization

Application Process

To request the 17-month extension of OPT, it is necessary to apply for a new Employment Authorization Document (EAD) from USCIS. It is possible to apply as early as 120 days before the expiration date of the current EAD. It typically takes three months for the application to be processed. 

To apply for the extension, you must get a recommendation and new I-20 from ISSS. To request a recommendation, submit the following documents to ISSS:

    • • STEM Request form (link)
    • • DRF
    • • Copy of current OPT I-20, pages 1 and 3
    • • Copy of passport page(s) showing picture, biographical information, and expiration date
    • • Copy of most recent I-94 card (front and back)
    • • Copy of current Employment Authorization Document (EAD) (front and back)
    • • Copy of DU diploma or transcript showing your STEM-related degree and major
    • • Form I-765 (see xxxxxxxx.pdf for more detailed instructions)
    • • Form G-1145 (if you would like to be notified electronically by USCIS when your OPT application has been received)
    • • Two recent photos which meet U.S. Department of State requirements (print name and SEVIS ID on back)
    • • Check or money order for $380 payable to "U.S. Department of Homeland Security"

Once ISSS has all of the above documents, a new I-20 will be issued. It typically takes 4-5 business days to process the request. Once completed, you will be notified by email to come to the International House to sign the new I-20, a copy of which must be included with your application. ISSS will then mail the complete application to USCIS.

Self-filing of OPT Extension

If you are not currently living in Denver and it is not convenient for you to submit these documents to ISSS, it is possible, though not recommended, for you to mail the completed application directly to USCIS instead of sending the documents to ISSS for us to review and mail to USCIS on your behalf. Please note that ISSS cannot be responsible for any missing documents or processing delays if we do not submit the application to USCIS.

In order to file the Form I-765 yourself, you will need to request the OPT extension recommendation and new I-20 from ISSS by completing the STEM form (link), DRF (link) and Mailing/Pick-up Authorization form (link). Please make sure that you have signed each of the documents. It typically takes 4-5 days to prepare the new I-20. It will then be mailed to you by U.S. Postal Service First-Class mail unless you have requested another option on the Mailing/Pick-up form.

Carefully review these instructions (link) for details on preparing the application yourself to make sure that all necessary documents are included and correctly filled out.

 As long as the application was received at the USCIS Service Center before the expiration of the current EAD, you can continue working even with an expired OPT EAD card for up to 180 days while waiting for a decision from USCIS.

Do not travel outside the United States while the OPT extension application is pending if your current EAD has expired.

Appropriate Types of Employment

The OPT extension authorizes a student to engage in practical training directly related to the STEM degree major. It is not necessary to work for the same employer for the entire period though all employers must be enrolled in E-Verify. The student must work 20 hours per week in a paid position.

According to USCIS, there are various forms of acceptable employment:

• Multiple employers. A student may work for more than one employer, but all employment must be related to his or her degree program and all employers must be enrolled in E-Verify.

• Work for hire. This is also commonly referred to as 1099 employment, where an individual performs a service based on a contractual relationship rather than an employment relationship. The company for whom the student is providing services must be registered with E-Verify. If requested by DHS, the student must be prepared to provide evidence showing the duration of the contract period and the name and address of the contracting company.

• Self-employed business owner. A student on a 17-month extension can start a business and be self-employed. In this situation, the student must register his or her business with E-Verify and work full time. The student must be able to prove that he or she has the proper business licenses and is actively engaged in a business related to his or her degree program.

• Employment through an agency or consulting firm. A student on a 17-month extension may be employed by an employment agency or consulting firm. The employment agency or consulting firm must be registered with E-Verify, but the third parties contracting with the agency or firm (for which the student is providing services) need not be.

OPT employment authorization will automatically terminate on the date your F-1 SEVIS record is transferred to another school. Consult with ISSS to plan the timing of the transfer.

Unemployment

Students who receive the 17-month extension are given an additional 30 days of unemployment for a total of 120 days over their entire post-completion OPT period. This is an allowance of 30 additional days to the 90 days granted during the initial 12 months of post-completion OPT. Please note that these are calendar days not business days. It is student's responsibility to maintain the total count of days without a job to ensure they do not accrue more than 120 days of unemployment.

Any days without employment such as the time between jobs even if outside the United States are counted toward this limit.

Reporting Requirements

While on OPT, you MUST report the following events within ten days to ISSS (isss@du.edu):

  • • Change of residential or mailing address including phone number or email address
  • • Change of legal name
  • • Change of employer
  • • Change of employer's address
  • • Loss of employment
  • • Change of immigration status
  • • Permanent departure from the United States

In addition, Validation Reports are required at six months and twelve months from the start of the OPT extension. These reports are a confirmation that ISSS has the student's most current information. The report must contain the following:

  • • Full legal name
  • • DU ID#
  • • Current mailing and residential address
  • • Name and address of current employer
  • • Date on which you began working for your current employer

You can send the reports by email to isss@du.edu.

F-1 status and work authorization can be terminated if the Validation Report is not received within ten business days of the reporting deadline.

Travel while on OPT

It is possible to travel outside the United States during the 17-month extension of OPT. You will need to be prepared to show the following documents to the officer at the Port of Entry upon your return to the United States:

  • Unexpired passport valid for at least six months into the future
  • Unexpired F-1 visa unless traveling to Mexico, Canada or certain nearby islands (See Visa Renewal if your visa will not be valid on the date of your planned return to the United States.)
  • Form I-20 with a travel signature from ISSS that is less than 6 months old
  • Valid EAD card
  • Proof of employment such as a letter from your employer

Do not travel outside the United States if your EAD card has expired and the application for the OPT extension is pending.

End of OPT

It is not possible to further extend Optional Practical Training beyond the expiration date listed on the EAD. It is critical that you do not continue working after this date unless you have valid work authorization such as the 'cap gap extension' for F-1 students with an H-1B petition pending.

Upon successful completion of Optional Practical Training, a student has a 60-day grace period in which to prepare to leave the United States. A student can also use this time to apply for a new program at the current school, request a transfer to another SEVP-certified school or apply for a change of status.

Early Completion

If you do not plan to remain on Optional Practical Training until the expiration date listed on the EAD, you must inform ISSS of your last day of work.