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DHS/USICE

RIN: 1653-AA56

Publication ID: 2012

Title: Extending Period for Optional Practical Training by 17 Months for F-1 Nonimmigrant Students With STEM Degrees and Expanding the CAP-GAP Relief for All F-1 Students With Pending H-1B Petitions
Abstract: Currently, foreign students in F-1 nonimmigrant status who have been enrolled on a full-time basis for at least one full academic year in a college, university, conservatory, or seminary certified by U.S. Immigration and Custom Enforcement's (ICE) Student and Exchange Visitor Program (SEVP) are eligible for 12 months of optional practical training (OPT) to work for a U.S. employer in a job directly related to the student's major area of study. The maximum period of OPT is 29 months for F-1 students who have completed a science, technology, engineering, or mathematics (STEM) degree and accept employment with employers enrolled in U.S. Citizenship and Immigration Services' (USCIS') E-Verify employment verification program. Employers of F-1 students with an extension of post-completion OPT authorization must report to the student's designated school official (DSO) within 48 hours after the OPT student has been terminated from, or otherwise leaves, his or her employment with that employer prior to end of the authorized period of OPT. The final rule will respond to public comments and may make adjustments to the regulations.
Agency: Department of Homeland Security(DHS)	Priority: Other Significant
RIN Status: Previously published in the Unified Agenda	Agenda Stage of Rulemaking: Long-Term Actions
Major: Undetermined	Unfunded Mandates: No
CFR Citation: 8 CFR 214
Legal Authority: 8 USC 1101 to 1103 8 USC 1182 8 USC 1184 to 1187 8 USC 1221 8 USC 1281 and 1282 8 USC 1301 to 1305

Legal Deadline: None

Timetable:

Action	Date	FR Cite
Interim Final Rule	04/08/2008	73 FR 18944
Interim Final Rule Comment Period End	06/09/2008
Final Rule	To Be Determined

Regulatory Flexibility Analysis Required: No	Government Levels Affected: None
Federalism: No
Included in the Regulatory Plan: No
RIN Information URL: www.dhs.gov/sevis/
RIN Data Printed in the FR: No
Agency Contact: Katherine H. Westerlund Acting Section Chief, SEVP Policy, Student and Exchange Visitor Program Department of Homeland Security U.S. Immigration and Customs Enforcement Potomac Center North, STOP 5600, 500 12th Street SW, Washington, DC 20536-5600 Phone:703 603-3400 Email: sevp@ice.dhs.gov