by Eight new fields of study have been added to the list of qualifying degrees that allow international graduates of U.S. colleges and universities to spend up to an additional 24 months of employment/training with employers.
The Optional Practical Training (OPT) program allows eligible international students holding F-1 visas to apply for a work visa to obtain real-world work experience directly related to their major field of study. The basic program allows eligible students in most areas of study to apply for up to 12 months of OPT work authorization with a U.S. employer. Students who specialize in the study of science, technology, engineering, and mathematics (aka STEM) programs can extend their work authorization for an additional 24 months. The extended program is known as STEM-OPT. Both students and employers can benefit from employing recent graduates in these fields. The student gets invaluable experience, and the employer gets the talent of recent graduates with up-to-date knowledge.
To qualify for STEM-OPT, a student holding an F-1 visa must:
- Have participated in the initial ‘basic’ OPT;
- Have a degree that the Department of Homeland Security (DHS) has designated a STEM field;
- Work with an employer that is enrolled in the DHS’s Electronic Employment Eligibility Verification Program, better known as E-Verify;
- Work with an employer that will provide the student with formal training and learning objectives; and
- Work a minimum of 20 hours per week with the employer.
A STEM field, according to DHS, includes engineering, biological sciences, mathematics, physical sciences, or a related field. Related fields generally involve research, innovation, or development of new technology using engineering, mathematics, computer science, or natural sciences. Many degrees fall within the DHS-identified fields of study. By adding eligible programs, the DHS potentially expands both the pool of students eligible to participate in STEM-OPT and the kinds of employers who may find the program valuable. For the DHS’s qualifying program list, see https://www.ice.gov/sites/default/files/documents/stem-list.pdf.
The newly approved fields qualifying for participation in STEM-OPT are:
Landscape Architecture
Institutional Research
Mechatronics, Robotics, and Automation Engineering Technology/Technician
Composite Material Technology
Linguistics and Computer Science
Developmental and Adolescent Psychology
Geospatial Intelligence
Demography and Population Studies
Employers interested in offering employment to students who appear to be qualified under OPT or STEM-OPT are encouraged to work with legal counsel knowledgeable in U.S. immigration law. Colleges and universities often have staff who regularly work with OPT and STEM-OPT and who can provide valuable information to interested employers. However, they cannot provide legal advice regarding how immigration law could be applied to the employer’s actions in a specific circumstance.
