On August 27, 2024, U.S. Citizenship and Immigration Services (USCIS), in collaboration with the U.S. Department of State, revised its guidance within the USCIS Policy Manual to provide more clarity and updated information for F/M nonimmigrant students, particularly concerning who is eligible for Optional Practical Training (OPT) extensions in Science, Technology, Engineering, and Mathematics (STEM) fields. This update helps students begin new educational experiences with a clear understanding of their eligibility and requirements. Policies on these issues are clarified in Part F of Volume 2, the Policy Manual; this should also include details on online learning updates, school transfers, regards to grace periods considerations, and considering studies abroad.
Key Updates in Policy Manual
E-Learning Courses and Full Course of Study
The new guidance specifies that students can now count one class or up to three credits per academic session (or its equivalent) toward fulfilling their full course of study requirement, even if the class is taken online or through distance learning methods that do not require physical attendance. This change is significant for students who prefer or need to incorporate online courses into their schedules, allowing greater flexibility without jeopardizing their immigration status. School Transfers and Educational Mobility:
The USCIS guidance explains that students have the flexibility to transfer between schools certified by the U.S. Immigration and Customs Enforcement (ICE) under the Student and Exchange Visitor Program (SEVP), as long as they remain at the same educational level or transition between different levels of education. This ensures that students can pursue their academic goals without unnecessary complications when changing institutions or advancing their studies.
60-Day Post-Optional Practical Training OPT Grace Period
During the 60-day grace period following the completion of an authorized OPT period, students can now take several important actions. For instance, they may change their educational level, transfer to another SEVP-certified school, or apply for a change to another nonimmigrant or immigrant status with USCIS. This grace period offers a critical window for students to make decisions about their future in the U.S. without the immediate pressure to leave the country.
Eligibility for Post-Completion OPT: The guidance also clarifies that students who have completed an associate’s, bachelor’s, master’s, or doctoral degree program are eligible for post-completion OPT. This ensures that students across a wide range of educational achievements can benefit from OPT opportunities, helping them to gain practical experience in their field of study.
STEM OPT Extension Application Period
The Policy Manual says that STEM OPT extension applications should be filed in a timely manner, and this addition is updating guidance to current regulation. Other purely technical edits were made to clean up and streamline the document.
SEVIS Status and Study Abroad
For students participating in study abroad programs, the guidance clarifies that they may remain active in the Student and Exchange Visitor Information System (SEVIS) if their program abroad lasts less than five months. However, if the study abroad program exceeds five months, students will need to obtain a new Form I-20, which is the Certificate of Eligibility for Nonimmigrant Student Status, upon returning to the U.S. This update benefits students by maintaining SEVIS status while continuing educational opportunities abroad.
Implementation Now
These updates are effective immediately and apply to all requests that are currently pending or filed on or after the publication date. Students and educational institutions are encouraged to review these changes to ensure compliance and to take full advantage of the opportunities provided by the updated guidance.
Please refer to the Policy Alert for details.
This revised guidance reflects USCIS’s ongoing commitment to supporting international students in their academic and professional pursuits while ensuring that the U.S. remains a top destination for global talent in STEM fields and beyond.
Other Recent Changes to F-1/M-1
The preceding policy change follows one before that of the F-1/M 1 classification. On December 30, 2023, USCIS issued updated policy guidance that impacts F and M nonimmigrant student classifications. This guidance details USCIS’s role in handling applications related to employment authorization, change of status, extension of stay, and reinstatement of status for international students and their dependents in the United States.
Overview of the December 2023 Guidance
This newly issued guidance consolidates and clarifies existing policies, offering much-needed clarity for both international students and U.S. educational institutions. The update addresses a variety of important topics, including eligibility criteria, school transfers, practical training opportunities, and guidelines for on- and off-campus employment. Engaging classes can ignite a newfound passion for a subject, significantly impacting a student’s academic journey and influencing decisions such as major selection and career paths.
Key Highlights
Residence Requirement and Intent to Depart
The guidance reaffirms that F and M students are required to maintain a foreign residence that they do not intend to abandon. However, it also clarifies that students can be the beneficiaries of a permanent labor certification application or an immigrant visa petition while still demonstrating their intent to leave the U.S. after their temporary stay.
This provides students with greater flexibility for their future plans without jeopardizing their nonimmigrant status.
STEM OPT Extensions and Startup Employment
The guidance lists conditions under which F-1 students engaging in OPT extensions in the fields of Science, Technology, Engineering, and Mathematics may work for startup companies.
These conditions include strict adherence to the required training plan, maintaining good standing with the E-Verify program, and ensuring that compensation is comparable to that of similarly situated U.S. workers.
This update opens up new opportunities for international students to gain practical experience in innovative industries, particularly in the startup ecosystem.
Nonimmigrant Student Classifications
F-1 Academic Students
The F-1 classification is designed for noncitizens entering the U.S. to pursue full-time studies at a college, university, seminary, conservatory, academic high school, elementary school, or other recognized academic institutions. It also includes those enrolling in language training programs. This classification is fundamental for students aiming to gain a comprehensive education in the U.S.
M-1 Vocational Students
The M-1 classification is for students enrolled in vocational or nonacademic programs, excluding language training. This classification supports students who are pursuing specialized skills and training in various vocational fields.
Additional Information: These changes details can be accessed by stakeholders from Policy Alert.
