Eligibility / Requirements

• The USCIS service center must receive the STEM OPT extension application before the expiration date of the student’s initial period of post-completion OPT. The earliest a student can submit their application is 90 days prior to the expiration of their initial period of post-completion OPT.

• While the extension application is being processed by the service center, the student may continue to work up to 180 days past the expiration of the initial 12-month OPT authorization.

• The STEM OPT validity period will be for 24 months beginning the day after post-completion OPT ends for a total of 36 months of OPT.

STEM OPT Emplyment Rules & Restrictions:

• STEM OPT employment must be full-time, which is defined by USCIS as 20 hours per week or more and can exceed 40 hours per week. Unlike post-completion OPT, employment during STEM OPT must be paid.

• The employer and employee must complete Form I-983* Training Plan for STEM OPT Students (as well as the other documents listed later in this tutorial) and agree to all attestations and reporting requirements. The purpose of this training plan is to explain the relationship between the job and the student’s major area of study as well as identify learning objectives and a plan for achieving those objectives.

• Students with STEM OPT authorization must be bona fide employees of the employer signing the Form I-983 and the employer who signs the Form I-983 must be the same entity that employs the student and provides the practical training experience. The employer may not assign, or otherwise delegate, its training responsibilities to a non-employer third party (e.g. a client, customer, or contractor).

• While it is permissible to have multiple employers while on STEM OPT, all employment must be with an E-Verify employer, related to the STEM degree under which you are applying, and comply with all other 24-month rule requirements.

• During the 24-month STEM OPT period, F-1 status is dependent on employment. Upon approval of the 24-month STEM OPT extension, an additional 60 days is added to the unemployment limit for a total of 150 days during the entire 36-month OPT period. Students who exceed this limit may be considered out of status by USCIS at any point in the future.