USICE Policy Guidance on OPT, 17-Month STEM Extension

USICE Policy Guidance on OPT, 17-Month STEM Extension, and H-1B Cap-Gap Rules, as Revised 04/23/2010: The USICE has been implementing its revised policy guidance since 04/23/2010 for OPT students without much publicity and controversy.

Following are the changes which they made to the Policy Guidance which was released earlier years:

Provides current dates related to H-1B petitioning for 2010 (and removes information related to previous years)

Amends the text to past tense, as applicable.

Replaces the term OPT STEM extension with 17-month extension.

Deletes reference to the public comment period for the IFR, which has closed (section 1.2). Adds text related to school filing of courses of study for CIPs, for

STEM designation of CIPS and for DHS approval of STEM CIPS for the 17-month
extension of OPT (section 1.3). Adds text on other resources available related to the IFR (section 1.4)

Refines procedures for filing for OPT after the program end date (section 5.2)

Deletes 10 day exceptions to the time that counts for unemployment during OPT at the EAD start date and between jobs. SEVP will need approval for such exceptions through another proposed rulemaking. (sections 7.1.6 and 7.1.7)

Removed restriction that employment during the 17-month extension must be paid employment. SEVP will need approval for such a restriction through another proposed rulemaking. (sections 7.2.2 and 7.2.3)

Deletes dates for wait-listing for this year. SEVP has been notified by USCIS that there will not be a waitlist utilized as a part of the FY 2011 H1B Cap filing process (section 9.1.1).

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