I am an F-1 student working pursuant to STEM OPT. I heard that the current STEM OPT rule will end on February 12, 2015 by a court order. …

… I also heard that the DHS is in the process of implementing a new rule so that it can continue with STEM OPT. If the new rule is not put in place by the time the current STEM OPT benefit expires, will I be able to continue working based on my EAD?

Answer

Based on the new proposed STEM OPT rule, the period of STEM OPT will increase from 17 months to 24 months. It does not appear that DHS’s inability to complete the final rule by February 13, 2016 would result in a revocation or invalidation of already existing STEM OPT authorization, such as yours. The DHS has also indicated that students who currently have STEM extensions will be able to request a balance of their OPT up to 120 days prior to the end of the 17 month period. They will have to meet all of the requirements based on the new rule, including submitting a mentoring and training plan, put in place by their employer and having a degree from an accredited institution of higher education. (16.Oct.2015)

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