Murthy Snapshot: USCIS Updates Guidance on F-1 OPT

On August 27, 2024, the U.S. Citizenship and Immigration Services (USCIS) issued updated guidance in the USCIS Policy Manual related to optional practical training (OPT) for F-1 students. Below are the key points you need to know:

• A student may apply for a STEM OPT extension no earlier than 90 days before the current OPT expires, and must apply within 30 days of the designated school official (DSO) making the STEM OPT recommendation in SEVIS. Prior to this, F-1 students had 60 days from the date the recommendation was made in SEVIS.
• If a STEM OPT extension is denied on a basis other than failure to maintain F-1 status, the student is granted a 60-day grace period. During the 60-day grace period, the individual may apply for a change of status or education level, or transfer to a different school. If the STEM application is denied for failure to maintain F-1 status, the student must depart immediately.

Your Takeaway:

The only change of any significance is the modification of when the STEM OPT extension must be filed. This change could result in an increase in the number of STEM OPT denials, solely based on F-1 students who fail to timely file the applications. Accordingly, F-1 students, as will all foreign nationals, must be remain aware of changes in U.S. immigration law, and be proactive, as necessary.

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