USCIS on October 6th, 2013, has issued policy memorandum about OPT for students enrolled in STEM Program as following:
17-Month Extension of Post-Completion Optional Practical Training (OPT) for F-1 Students Enrolled in Science, Technology, Engineering, and Mathematics (STEM) Degree Programs
Purpose
The purpose of this policy memorandum (PM) is to clarify the eligibility requirements for a 17-month extension of Post-Completion OPT for F-1 students enrolled in STEM degree programs.
Scope
This PM applies to all USCIS employees.
Issue
Whether F-1 students engaging in post-completion OPT under 8 CFR 214.2(f)(10)(ii)(A) are eligible for the 17-month STEM extension under 8 CFR 214.2(f)(10)(ii)(C) if they have not yet completed their thesis requirement or equivalent for their STEM degree when applying for the STEM extension.
Summary Conclusion
F-1 students engaging in post-completion OPT are eligible for a 17-month STEM extension even if they have not yet completed the thesis requirement or equivalent for their STEM degree.
Applicable Law
8 CFR 214.2(f)(10)(ii)(A)(3) states:
(A) General. Consistent with the application and approval process in paragraph (f)(11) of this section, a student may apply to USCIS for authorization for temporary employment for optional practical training directly related to the student’s major area of study. Interim Memoranda PM-602-0090: 17-Month Extension of Post-Completion Optional Practical Training (OPT) for F-1 Students Enrolled in Science, Technology, Engineering, and Mathematics (STEM) Degree Programs Page 2
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(3) After completion of the course of study, or, for a student in a bachelor’s, master’s, or doctoral degree program, after completion of all course requirements for the degree (excluding thesis or equivalent). Continued enrollment, for the school’s administrative purposes, after all requirements for the degree have been met does not preclude eligibility for optional practical training. A student must complete all practical training within a 14-month period following the completion of study, except that a 17-month extension pursuant to paragraph (f)(10)(ii)(C) of this section does not need to be completed within such 14-month period. [emphasis added]
8 CFR 214.2(f)(10)(ii)(C)(1) and (2) state:
(C) 17-month extension of post-completion OPT for students with a science, technology, engineering, or mathematics (STEM) degree. Consistent with paragraph (f)(11)(i)(C) of this section, a qualified student may apply for an extension of OPT while in a valid period of post-completion OPT. The extension will be for an additional 17 months, for a maximum of 29 months of OPT, if all of the following requirements are met.
(1) The student has not previously received a 17-month OPT extension after earning a STEM degree. [emphasis added]
(2) The degree that was the basis for the student’s current period of OPT is a bachelor’s, master’s, or doctoral degree in one of the degree programs on the current STEM Designated Degree Program List, published on the SEVP website at https://www.ice.gov/sevis.
Policy Analysis
To be eligible for post-completion OPT under 8 CFR 214.2(f)(10)(ii)(A), F-1 students must have completed their course of study, or, for students in a bachelor’s, master’s, or doctoral degree program, the students must have completed all course requirements for their degree, excluding any applicable thesis requirement or equivalent. See 8 CFR 214.2(f)(10)(ii)(A)(3).
Pursuant to a narrow reading of 8 CFR 214.2(f)(10)(ii)(C)(1) and (2), one might conclude that F-1 students who have been granted post-completion OPT under 8 CFR 214.2(f)(10)(ii)(A) must have completed all course r