by Many employers hire noncitizens lawfully in the U.S. under student visas as paid interns or temporary employees through cooperative programs with U.S. academic institutions. The U.S. Citizenship and Immigration Services (USCIS) has recently updated its guidance for employers and students regarding when international students may be eligible for employment under optional practical training programs (OPT) for Science, Technology, Engineering, and Mathematics (STEM) fields. These programs, known as OPT STEM programs, can allow students full- or part-time employment before or after completing relevant degrees. The recent updated policy manual answers questions employers and students have had about issues such as multiple authorization extensions and volunteer work.
How Many OPT STEM Extensions Can A Student Get?
The policy changes resolve questions regarding when and under what circumstances a student may be eligible for more than one OPT STEM work authorization extension. Initial approval for employment under an OPT STEM program can be for up to 12 months, but an eligible student who meets specific requirements may be eligible for an additional 24 months of employment authorization. Extension eligibility requirements include the student’s having earned a bachelor’s, master’s, or doctorate degree in a field designated as a STEM field by the Department of Homeland Security. The implication has been that a student could be eligible for more than one 24-month extension. The policy updates clarify when this can happen.
The USCIS updates explain that extensions may be based on previously obtained STEM degrees and future STEM degrees. Addressing future STEM degrees, the policy manual explains that if an eligible student enrolls in a “new academic program and earns another qualifying STEM degree at a higher educational level, the student may be eligible for one additional 24-month STEM OPT extension, for a total of two lifetime STEM OPT extensions.” Among other situations, this clarification means that if a student completes a STEM OPT extension based on a qualifying bachelor’s degree, the student may subsequently apply for an additional STEM OPT extension based on a qualifying master’s degree.
When Can A Post-Degree Student Work as A Volunteer or Unpaid Intern?
The updated policy manual clarifies that for post-completion OPT programs, qualifying students may work as volunteers or unpaid interns for an employer “as long as this practice does not violate any labor laws, and the employment is related to the program of study”. Students employed under post-completion OPT must work at least 20 hours per week.
Companies employing international students under OPT programs should review the USCIS policy changes to see if any changes apply to their current practices. In addition to addressing OPT STEM work authorizations and volunteer work, the policy clarifies guidance concerning online study, school transfers, grace periods, and study abroad. https://www.uscis.gov/policy-manual/volume-2-part-f
