Optional Practical Training (OPT) / STEM

USCIS is updating the Optional Practical Training Extension for STEM Students (STEM OPT) page of their website to clarify the reporting responsibilities for participating in the STEM OPT program. Students and employers must report material changes to the Designated School Official (DSO) at the earliest opportunity by submitting a modified Form I-983.
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The Department of Homeland Security (DHS) proposes to adjust fees charged by the Student and Exchange Visitor Program (SEVP) to individuals and organizations. DHS proposes to raise the fee for Student and Exchange Visitor Information System (SEVIS) Form I-901, Fee Remittance for Certain F, J, and M Nonimmigrants, for nonimmigrants seeking to become academic (F visa) or vocational (M visa) students from $200 to $350.
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On May 10, 2016, the U.S. Department of Homeland Security’s rule for the 24-month science, technology, engineering and mathematics (STEM) optional practical training (OPT) extension went into effect.
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USCIS announced on May 3, 2017, that data entry for FY2018 has been completed and that petitions not selected in the lottery would begin to be returned. However, it may take several weeks for all unselected petitions to be returned. In the interim
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Em 12 de dezembro de 2016, o Departamento de Educação dos Estados Unidos anunciou que não reconhece mais o Conselho de Credenciamento de Faculdades e Escolas Independentes (ACICS) como agência de credenciamento. Essa determinação afeta diretamente dois programas de imigração: 

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On December 12, 2016, the U.S. Department of Education (ED) announced that it no longer recognizes the Accrediting Council for Independent Colleges and Schools (ACICS) as an accrediting agency. This determination immediately affects two immigration-related programs: 

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March 9th, 2016, the U.S. Department of Homeland Security (DHS) released an copy of the final rule pertaining to optional practical training (OPT) for certain students with degrees in science, technology, engineering, and mathematics (STEM). The official version of the final rule is slotted to be published in the Federal Register on March 11th, 2016. The new rule will permit employers to retain the talented international students who rely upon the F-1 nonimmigrant student visa for a longer period. USCIS will begin accepting applications under this provision on May 10th, 2016. Prior to that date, USCIS will continue to accept applications under the existing 17-month STEM OPT procedure.
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On January 23rd, 2016, the U.S. District Court for the District of Columbia granted DHS' motion to extend the Stay Order of the STEM OPT until May 10th, 2016.

According to the August 12th, 2015 ruling, the Order vacated on procedural grounds, an interim final rule promulgated by DHS, but it stayed the effect of vacatur for six months in order to allow the U.S. Department of Homeland Security (DHS) to cure procedural defects. The Stay was set to expire on February 12th, 2016. The 90 day extension granted DHS time to issue a new rule thereby avoiding a regulatory gap.
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On October 19, 2015, the Department of Homeland Security (DHS) proposed to amend its F-1 nonimmigrant student visa regulations on optional practical training (OPT) for certain students with degrees in science, technology, engineering, or mathematics (STEM) from U.S. institutions of higher education. The comments are due by November 18, 2015. In addition to improving the integrity and value of the STEM OPT program, this proposed rule also responds to a court decision that vacated a 2008 DHS regulation on procedural grounds. The proposed rule includes changes to the policies announced in the 2008 rule to further enhance the academic benefit provided by STEM OPT extensions and increase oversight, which will better ensure that students gain valuable practical STEM experience that supplements knowledge gained through their academic studies, while preventing adverse effects to U.S. workers.

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This past week, a Federal District Court decided Washington Alliance of Technology Workers v. DHS. The lawsuit sought to prevent foreign students from having an opportunity to gain practical experience in the U.S. following their full-time course of study. The Court invalidated a 2008 U.S. Department of Homeland Security (DHS) rule which permits an F-1 student to receive up to a seventeen (17) month extension of their Optional Practical Training (OPT) on top of the twelve (12) months previously authorized (for a maximum of twenty-nine months), if their field of study is in a designated as a Science, Technology, Engineering or Math (STEM) field and the employer is registered in the E-Verify Program.

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