The United States Citizenship and Immigration Services (USCIS) recently updated its guidelines for students on Optional Practical Training (OPT) and those on F or M nonimmigrant visas. These changes are especially important for students in STEM (Science, Technology, Engineering, and Mathematics) fields and provide additional guidance on online learning, school transfers, grace periods, and study abroad programs. Here’s what you need to know about these updates.
Key Changes in the Updated Guidelines
Online Classes and Distance Learning
Clarifies that students may count one class or three credits (or the equivalent) per academic term as part of their full-time course load, even if the class is online or distance learning. This means that you can take a class online without it affecting your full-time student status, as long as you are not required to be physically present for any part of the course.
Transferring Schools and Changing Education Level
Students may transfer between institutions certified by U.S. Immigration and Customs Enforcement (ICE) under the Student and Exchange Visitor Program (SEVP). This applies to both maintaining the same educational level (such as changing from a bachelor’s degree to another) and advancing to a higher level (such as from a bachelor’s degree to a master’s degree).
Grace Period Flexibility
If you recently completed your OPT, you have a 60-day grace period to make any major changes. During this period, you can change your educational level, transfer to another SEVP-certified institution, or request a change in your visa status. This gives you more flexibility in deciding your next steps after completing OPT.
Eligibility for Post-Completion OPT
Students are eligible for post-completion OPT after completing an associate’s, bachelor’s, master’s, or doctoral degree. This expands opportunities for students at different academic stages to gain practical experience in their fields of study.
STEM OPT Extension Deadline
The update amends the timeline for applying for STEM OPT extensions and includes other technical adjustments. Ensuring that you apply within the correct deadline is essential to maintaining your work authorization after your initial OPT period.
Study Abroad Program Guidelines
For students enrolled at SEVP-accredited institutions participating in study abroad programs, the guidance clarifies that you may remain active in the Student and Exchange Visitor Information System (SEVIS) if your program is less than five months long. However, if your program exceeds five months, you will need to obtain a new Form I-20 (Certificate of Eligibility for Nonimmigrant Student Status) to continue your studies.
Effective Date
These updates are effective August 27, 2024, and apply to any applications pending or filed on or after the date of publication. If you are currently exploring your OPT options or making decisions about your academic future, these changes may impact your plans.
Source: https://www.uscis.gov/newsroom/alerts/uscis-updates-guidance-for-fm-nonimmigrant-student-classification
