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STEM Degree
List for F-1 OPT Extensions
Posted
May 02, 2008
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The U.S. Department of Homeland Security (DHS) published an interim
final rule on April 8, 2008 that included provisions for certain students to
extend their post-completion Optional Practical Training (OPT) period from
12 to 29 months. The regulation was reported to MurthyDotCom and
MurthyBulletin readers in our April 9, 2008 article,
NewsFlash! F-1 OPT
Interim Final Rule of April 8, 2008 - Summary and Analysis. The
extension provisions apply to students with designated Science, Technology,
Engineering, and Mathematics (STEM) degrees. This has given rise to
questions of whether certain degrees fit within the STEM classification.
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What is a STEM Degree?
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The determination of whether a degree program is included in the STEM
designation lies with the U.S. Immigration and Customs Enforcement (ICE).
The degrees are based upon the Classification of Instructional Programs
Codes (CIP Codes) set by the National Center for Education Statistics. This
list is available on the ICE WebSite, which also has a link to more
detail regarding CIP codes.
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My Degree is not on the List
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If a particular degree does not appear on the STEM list, then it is possible
to request the additional designation of a particular degree category. A
link is available on the ICE WebSite for this purpose. In making the
request, it is necessary to specify the CIP code and provide justification
for expanding the list. Clearly, it is necessary to show the connection to the
STEM category in order for the request to be considered. One should not rely
on any anticipated change in the list.
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Conclusion
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Many who hold degrees that fit squarely within the STEM categories will
benefit from the F-1 OPT extension provisions. Others, with degrees that may
have STEM elements, need to either ensure that their degrees are on the list
or request classification, if appropriate. It is important to make NO assumptions as
to one's eligibility.
Copyright © 2008, MURTHY LAW
FIRM. All Rights Reserved

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