F-1 STEM Optional Practical Training (STEM OPT) Extension

USCIS must receive a student’s F-1 STEM OPT Extension application before the expiration of the initial F-1 OPT authorization EAD card.

Failure to timely file the STEM OPT Extension application will result in losing the STEM OPT Extension benefit based on the earned MIT degree.

Reminder: BEFORE filing a STEM OPT Extension application with USCIS, students MUST FIRST request in iMIT and receive a new Form I-20 with recommendation for STEM OPT Extension from the ISO to include in their application to USCIS.
Filing an application to USCIS without the Form I-20 with recommendation for STEM OPT Extension will result in USCIS DENIAL of the application.
Full details on filing a STEM OPT Extension application are linked on this webpage below.
Please contact your ISO Advisor if any questions arise.

USCIS Announces Application Fee Increases Effective April 1, 2024
On January 31, 2024, U.S. Citizenship and Immigration Services (USCIS) published a Final Rule to adjust fees for certain immigration and naturalization benefit applications, effective April 1, 2024. This includes applications for F-1 Pre-Completion OPT, Post-Completion OPT, and STEM OPT Extension.
Please read the full announcement available on the ISO website.

USCIS Premium Processing Fees Increase Effective February 26, 2024
On December 28, 2023, the U.S. Department of Homeland Security (USDHS) announced a final rule that will increase the filing fee to U.S. Citizenship and Immigration Services (USCIS) for Premium Processing for certain applications, using Form I-907 Request for Premium Processing, due to inflation. The final rule will become effective on applications postmarked, or received via online filing, on or after February 26, 2024.

The Final Rule can be viewed on the Federal Register website here.

For filing with an initial application, or for a pending application, Form I-765 Application for Employment Authorization for F-1 Optional Practical Training or STEM Optional Practical Training Extension, the Premium Processing Fee increases from US$1,500 to US$1,685.

If after review of the ISO online resources, and USCIS guidance, you have any questions, please contact your ISO Advisor.

APPLYING ONLINE OR BY MAIL
Students may apply for F-1 STEM Optional Practical Training Extension by application to USCIS online (through the USCIS Online Account) OR by paper mail. Details on both procedures are provided below.

Students MUST be physically present inside the U.S. at the time the OPT application is received/receipted by USCIS; therefore, students can only mail/submit the application to USCIS while you are physically present in the U.S.

Delays in receiving Receipt notifications for applications filed with USCIS? Please consult the ISO Knowledge Base Guidance on Receipt Notification delays.

What is the STEM OPT Extension?

Recipients of a Bachelor’s, Master’s, or Doctoral degree in a field listed among the U.S. Department of Homeland Security (DHS) STEM-Designated Degree Program List, and who are currently on post-completion F-1 Optional Practical Training (OPT) may be eligible to apply for a STEM OPT Extension.

The DHS STEM Designated Degree Program List is organized based on CIP Codes. F-1 Students can find their current program CIP code in the Program Information section on page 1 of the Form I-20.

STEM OPT Regulation Highlights

STEM OPT extension may be as long as 24 months after an authorization of initial post-completion OPT period at that degree level (it is not possible to apply for STEM OPT Extension authorization directly – a student must be currently on authorized period of Post-Completion OPT).
Students may be eligible for up to two STEM OPT extensions based on two different STEM degrees completed at progressively higher degree levels in a student’s lifetime.
Students have the ability to apply for a STEM OPT Extension based on a previously earned STEM degree from an accredited U.S. institution within 10 years under which the student has not previously applied for STEM OPT Extension (must not have already obtained a STEM OPT Extension based on that degree level or a higher degree level).
New expanded list of DHS STEM Designated Degree Program CIP Codes (also PDF copy)
Student and employer are required to complete the Form I-983 in order to begin the STEM OPT extension process
Student has additional reporting requirements to maintain the STEM OPT authorization
Employers also have additional reporting requirements and may be subject to DHS site visits
Volunteering and self-employment are not permitted during the STEM OPT extension (all positions must be paid)
Student must work at least 20 hours per week (each position worked under STEM OPT authorization must be for at least 20 hours per week)
Students are permitted an additional 60 days of unemployment under the STEM OPT period in addition to the current 90 days of unemployment allowed under the initial 12 month post-completion OPT period; up to 150 days of total unemployment

Off-Campus Employment (including STEM OPT Extension) Must be Directly Related to MIT Degree Field of Study

F-1 visa regulations require all authorized off-campus employment be “directly related to the student’s major area of study” and an integral part of the student’s established curriculum [8 CFR 214.2(f)(10)], in addition to other criteria.

The U.S Department of Homeland Security reviews employment by international students with great scrutiny, and therefore all activity must be directly related to the student’s major field of study for the degree earned at MIT.

USDHS, on September 27, 2019, issued Policy Guidance re-affirming this requirement and their additional focus on this issue, including a new requirement that ISO Advisors review employment under CPT/OPT/STEM OPT Extension to confirm it meets these requirements. The ISO had seen additional scrutiny even before this Policy Guidance—with student visa applications at U.S. Embassies/Consulates, as well as applications for employment authorizations and Change of Status (including H-1B and Green Card) with USCIS, be delayed with questions about direct relationship to degree. Students must take great care to be sure the position being pursued under CPT, OPT, or STEM OPT requires their specific degree program and is an application of that degree (not just general concepts or one course taken during a degree program). The ISO addresses this requirement further in our Employment webpages, in our Employment Information Sessions, and in a specific article on this topic in the ISO Knowledge Base. Please feel free to contact your ISO Advisor if you have questions about an internship/training/employment being directly related to your degree field of study.

How to Apply for STEM OPT Extension

In order to assist students in understanding their eligibility for STEM OPT Extension, please click the link that applies to your current status:

Current Student – Current student applying for initial 12-month post-completion of degree OPT
Alumni on post-completion OPT – Currently authorized for 12-month post-completion of degree OPT, planning to apply for STEM OPT Extension (based on ‘current’ STEM-eligible degree or previously earned STEM-eligible degree)

Travel on Approved STEM OPT Extension

Once your STEM OPT Extension authorization has been approved, and you receive your new Employment Authorization (EAD) Card for your approved STEM OPT Extension, you are advised to carry with you the following documents when traveling in order to re-enter the U.S.

your Employment Authorization (EAD) card for your approved period of STEM OPT Extension.
valid Form I-20 with STEM OPT Extension notation on Page 2 of the Form along with a recent travel validation signature (within 6 months of planned return date to the U.S. to continue STEM OPT employment)
valid passport (at least 6 months into the future) with valid F-1 entry visa (if your F-1 entry visa will be expired by your date of return to the U.S., you will need to apply for a new F-1 entry visa at the U.S. Embassy/Consulate while abroad in order to return to the U.S. to continue your F-1 STEM OPT Extension employment).
employment verification/job offer letter confirming your STEM OPT Extension employer, dates of employment, and any compensation received for your employment.
copy of your diploma and or transcript confirming your enrollment and completion of degree at MIT for which STEM OPT has been authorized.
ALL of your Forms I-20 ever issued to you to document the history of your F-1 stay in the U.S.
your original Post-Completion Optional Practical Training (OPT) EAD to document your previous OPT authorization for the period just prior to your STEM OPT Extension period.
though not required, you may want to carry a copy of the job description for your STEM OPT position, and/or a copy of the Form I-983 Training Plan, in case you are asked or additional details about your position you are pursuing on STEM OPT.

In addition to the documents listed above, if you are applying for a new F-1 entry visa at the U.S. Embassy/Consulate while abroad in order to return to the U.S., please consult the U.S. Embassy/Consulate website to verify additional documents the visa officer may require at your visa interview and for the processing of your visa application.

Historical Updates regarding STEM OPT Changes

Based on an August 12, 2015 federal court ruling on a lawsuit challenging the validity of the STEM OPT program and subsequent rulings, the U.S. Department of Homeland Security was given until May 10, 2016 to complete new STEM OPT rulemaking in order to continue the STEM OPT Program beyond May 10, 2016.

Updates on STEM OPT Proposed Rule:

June 17, 2016 – WashTech files new lawsuit with U.S. District Court for the District of Columbia based on specifically the 2016 STEM OPT rule and procedural claims.
May 13, 2016 – DC Circuit Court of Appeals dismisses WashTech appeal.
March 11, 2016 – US DHS publishes its final rule for STEM OPT and Cap-Gap program effective May 10, 2016. Study in the States launches STEM OPT Hub to help schools, students, and employers understand the new regulations.
March 9, 2016 – US DHS schedules publication of Final STEM OPT and Cap-Gap Rule for 3/11/2016. Pre-publication PDF version available for download.
January 23, 2016 – US District Court grants DHS request (pdf) for an extension of the stay to May 10, 2016
December 22, 2014 – DHS requests an extension of the stay (pdf) beyond February 12, 2016 to meet the court’s original vacatur order given receipt of over 50,000 comments on the proposed rule
October 19, 2015 – US DHS publishes updated Proposed Rule for F-1 STEM OPT
September 22, 2015 – ISO Email to MIT Students concerning the STEM OPT lawsuit
August 12, 2015 – Washington Alliance of Technology Workers v. DHS
Court Ruling & Court Order (pdf)

Resources

STEM OPT Hub (DHS Study in the States)
USCIS STEM OPT Resource
Final STEM OPT Rule (Effective May 10, 2016)
Original ISO STEM OPT Extension Implementation Presentation – April 2016 (for download, 1.3 MB, pdf)
DHS STEM Designated Degree Program List (based on CIP Codes)
MIT STEM Eligible Program List by CIP Code (to be posted)
Employer Reporting Requirements (DHS Study in the States)
Resources for Employers (DHS Study in the States)
Guidance for Employers and the Form I-983 (DHS Study in the States)
MIT Graduate Student Council (GSC) Public Comment Letter on a Notice of Proposed Rulemaking regarding the F-1 Visa STEM OPT Extension (11/16/2015)
MIT ’The Tech’ Guest Column on the Rulemaking regarding the F-1 Visa STEM OPT Extension (11/12/2015)
STEM OPT Rulemaking (NAFSA)
Guidance for MIT Departments/Offices hiring individuals on F-1 STEM OPT (from MIT International Scholars Office)

Frequently Asked Questions (FAQs)

This list of questions and answers will be updated regularly as the ISO receives more questions from students and alumni and clarifications from the Department of Homeland Security.

Q: I am currently working on post-completion OPT, authorized after a non-STEM degree, but I have earned a previous STEM degree from a US institution. If I am eligible to apply for a STEM OPT Extension based on the previous STEM degree, can I continue working in my current job?

A: Given the limited guidance provided by DHS, if you did not apply for STEM OPT Extension based on the earlier earned STEM degree, you may be eligible to apply for a new STEM OPT Extension based on that previous STEM degree. However, the job you are pursuing must be directly related to the STEM degree. If your current job is not related to the STEM degree, you may apply for the STEM OPT Extension if you change to a new position which is directly related to your current degree and your previous STEM degree.

Q: I am applying for STEM OPT Extension and I need to travel outside of the U.S. Can I travel outside the US while the STEM OPT Extension is pending?

A: Based on the processing times and current DHS guidance, we recommend that a student not travel while the STEM OPT Extension application is pending.

If a student’s current EAD card expires while the STEM OPT Extension application is still pending, a student can continue to work under the terms of the authorized OPT while he/she is waiting for its approval.

While a student can travel while the current OPT Employment Authorization (EAD) card is still valid, if your current EAD card has expired you should NOT leave the US as you will need the new EAD card for the approved STEM OPT Extension in order to re-enter the US and, if needed, apply for a new F-1 entry visa stamp at the US Consulate while abroad in order to re-enter the US..

MIT International Students Office
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