On April 8, 2008 the Department of Homeland Security officially announced the Interim Final Rule regarding the extension of Optional Practical Training for international students.  This rule is effective as of April 8, 2008.

All F-1 students who are currently or who will be applying for Optional Practical Training will be affected by this new rule.  The highlights are as follows:

• Students on OPT must maintain their status which is dependent upon employment.  In order to maintain status individuals on post-completion OPT must not exceed more than 90 days aggregate of unemployment during post-completion OPT.
• The deadline for applying for OPT has been extended.  Students may apply for OPT 90 days before their program completion date but no later than 60 days after their program completion date.
• All students and their employers now have additional reporting responsibilities.  In addition to keeping the ISSI informed of address changes, students are responsible for keeping the ISSI informed of employment (i.e., location of employment, gaps of unemployment).  Employers’ responsibilities include notifying the ISSI within 48 hours of employment termination or the employee ceasing employment on his own accord.

Students who are currently on OPT and have successfully maintained their status may be eligible for the option of extending their OPT.  There are two options for extending one’s OPT:

• Students may apply at least 90 days before the current post-completion OPT expires for an additional 17 months of OPT if they hold a Bachelor’s, Master’s or Ph.D. degree in a designated STEM (Science, Technology, Engineering and Mathematics) field; not all majors qualify for this extension.
• OPT is automatically extended for all individuals whose employers have petitioned for an H-1B on their behalf.  Once an individual receives notice of their H-1B (approval or denial) their OPT will be extended until the H1-B employment authorization goes into effect.  If denied the individual must halt work immediately.
  

* While this notice may be used as a general reference, it does not contain all details of the newly implemented regulations.  If you should need further information please consult with an ISSI advisor at 405 Ell Hall or call 617.373.2310.

The ISSI is currently developing a protocol and revising its forms to accommodate individuals planning on applying for the initial 12-month OPT period, as well as for those who are interested in applying for an extension.  Please check the ISSI's website for updates and changes regarding this Interim Rule.

Thank you.