Office of International Services

The OIS staff advises UMB departments and non-immigrants on the following:

• Obtaining visas and entry to the United States
• Extensions of stay
• Work authorization
• Change of status within the U.S.
• Travel authorization/re-entry to the U.S.
• Transfers to/from UMB

29-month OPT Rule News
On April 8, 2008, DHS published the interim final rule that changes several key aspects of F-1 optional practical training (OPT). This is an interim final rule with request for public comment. The rule is effective April 8, 2008. Written comments must be submitted to DHS on or before June 9, 2008.

USCIS reports that it has revised Form I-765 and accompanying instructions and plans to post the new edition April 8, 2008. The revised form I-765 will have additional fields under a new #17 for:

• Education level and major field of study
  
  • Note: the student will also need to submit a copy of the conferred degree with the application. However, the student will not need to include CIP code on the I-765 as the CIP code will be reflected on the student's new I-20 following the DSO's recommendation for extension. 
• Employer name as listed in E-Verify
• E-Verify company identification number of employer (or E-Verify client company identification number of the employer's agent)

• OPT extension to 29 months for STEM students. The 12-month limit on F-1 Optional Practical Training (OPT) will be extended by 17 months, for a total of 29 months, for certain STEM degree holders (Science, Technology, Engineering, Mathematics).   The following are the only CIP codes applicable to UMB, your program must fall within one of these categories:
• Medical Scientist (MS, PhD). CIP Code 51.1401
• Biological and Biomedical Sciences. CIP Codes 26.xxxx.

Additional requirements for the 17-month extension include:

• Student must be currently participating in a 12-month period of OPT, working for a U.S. employer in a job directly related to the student’s major area of study.
• Student must have successfully completed a bachelor's, master's, or doctoral degree in a field on the DHS STEM Designated Degree Program List, from a SEVIS-certified college or university.
• Student must have a job offer from an employer registered with the E-Verify employment verification system.
• The student has not previously received a 17-month OPT extension after earning a STEM degree.
• The DSO must recommend the 17-month OPT extension in SEVIS, after verifying the student's eligibility, certifying that the student's degree is on the STEM Designated Degree Program List, and ensuring that the student is aware of his or her responsibilities for maintaining status while on OPT.
• Student will have to apply for the 17-month extension on Form I-765 with fee.
• Students who timely file an application for the 17-month OPT extension will be able to continue employment while the extension application is pending, until a final decision on the I-765 or for 180 days, whichever comes first.
• The employer must agree to report the termination or departure of the student to the DSO or through "any other means or process identified by DHS." An employer must consider a worker to have departed when the employer knows the student has left employment, or if the student has not reported for work for a period of five consecutive business days without the employer's consent.

Please visit the NAFSA site for additional information: www.nafsa.org/regulatory_information.sec/29_month_opt_rule_updates