Policy Updates Regarding Eligibility for OPT and STEM Fields

Noncitizens are allowed to study at universities and colleges in the United States under an F-1 nonimmigrant visa. Under Curricular Practical Training, Optional Practical Training, and STEM, F-1 students could be allowed to participate in off-campus training/employment. Recently, USCIS issued new policy guidance on F and M student classifications, clarifying requirements for off-campus F-1 employment. Specific policy manual updates are detailed below.

The rules and laws associated with F-1 nonimmigrant visas – as well as many other immigration issues – are complex. These rules change frequently, often dependent on the current U.S. administration. For clarification or to receive answers to your questions regarding F-1 nonimmigrant visas, other types of visas, green cards, removal, and much more, speak to an experienced Irving, TX immigration lawyer from John W. Lawit, LLC.

What Are the General Eligibility Requirements for F-1 Nonimmigrant Visas?

F-1 eligibility requirements are detailed under 8 CFR 214.2 (f)(9)(ii), with general eligibility requirement including the following:

• Off-campus employment must be related to the student’s area of study.
• The USCIS and a specially designated official from the college or university must authorize the employment.
• Authorization must be obtained prior to the student beginning training employment.
• The student must demonstrate economic hardship following enrollment in an academic status to qualify for off-campus employment.
• The student must have been in F-1 status for at least one full academic year or must meet emergency circumstances.

What Are the Recent USCIS Updates for F-1 Nonimmigrant Visas?

Updates and clarifications for F-1 nonimmigrant visa holders include the following:

• Students may count one class or three credits per session toward their desired degree if the class is taken through distance learning.
• ICE and SEVP (Student and Exchange Visitor Program) certified schools may be transferred between at the same educational level.
• In the 60-day grace period post-completion of OPT, education level may be changed, a transfer to another SEVP-certified school may occur, or an application may be made to USCIS to change nonimmigrant or immigrant status.
• The period during which students may apply for STEM OPT extensions has been corrected.
• Students enrolled in a SEVP-certified school may remain active in the system if their program is less than five months long, but a new Form I-20 must be submitted if their program is longer than five months.
• So long as no U.S. labor laws are violated and the employment is related to the student’s course of study, an F-1 student may work as an unpaid intern or a volunteer.
• If specific requirements are met, an F-1 student may enroll in a new academic program and earn another qualifying STEM degree at a higher educational level. The student may also qualify for one additional two-year STEM OPT extension.
•  Eligible F-1 students can receive up to 12 months of OPT employment prior to completing their academic course of study, or post-completion. All periods of pre-completion OPT are deducted from the available period of post-completion OPT.
• Once authorized, the student may work 20 hours or less per week while classes are in session or full-time when classes are not in session.

The DHS STEM Designated Degree Program List, which details qualifying STEM fields (CIP Code Titles), is published on the Student and Exchange Visitor Program website.

Have Questions About the Latest F‑1 Visa Policy Changes?

Because nonimmigrant visa issues can be so difficult to decipher, it is important to have a strong Irving, TX nonimmigrant visa lawyer to ensure you continue to meet all requirements and advocate on your behalf. Attorney John Lawit was instrumental in establishing the Immigration Section of the Dallas Bar Association. The John W. Lawit, LLC immigration attorneys have more than 40 years of experience with virtually every immigration issue and can provide the assistance you need. Call 214-609-2242 to schedule an appointment.