On August 27, 2024, the U.S. Citizenship and Immigration Services (USCIS) issued updates to its guidance on F and M nonimmigrant student classifications. This update focuses on various aspects of student eligibility for Optional Practical Training (OPT), particularly for students in Science, Technology, Engineering, and Mathematics (STEM) fields. It also provides important clarifications on online study, school transfers, the grace period, and study abroad, making it easier for foreign students and educational institutions to comply with the legal requirements.
Online Classes
The updated guidance confirms that F and M nonimmigrant students may count one class or three credits (or their equivalent) per academic session toward a full course of study if taken online or through distance learning. This flexibility applies as long as the course does not require physical attendance for any part of its completion. This update is particularly beneficial for students juggling online and in-person coursework and reflects the increasing prevalence of online education.
School Transfers and Grace Period Adjustments
The new guidance clarifies the process for transferring between schools. Students can transfer between SEVP-certified schools at the same educational level or move between different educational levels. Additionally, during the 60-day grace period following the completion of OPT, students may change their educational level, transfer to another SEVP-certified school, or file applications with USCIS to change to a different nonimmigrant or immigrant status. This grace period provides much-needed flexibility for students transitioning between educational programs or immigration statuses.
STEM OPT Extensions and Application Periods
For students in STEM fields, the USCIS made technical corrections regarding STEM OPT extensions, updating the period during which students may apply. This ensures that students have clear and accurate timelines for applying, making the process more streamlined. Additionally, the update reinforces that students may be eligible for post-completion OPT after completing an associate’s, bachelor’s, master’s, or doctoral degree, broadening opportunities for students at all educational levels.
USCIS guidance attempts to correct the time period during which the application for STEM OPT extension may be submitted. It is clear that F-1 students may submit a Form I-765 EAD application up to 90 days before the expiration of the F-1 student’s current post-completion OPT EAD. However, as of 09/23/2024, there is inconsistent information regarding the number of days during which the STEM-based I-765 must be submitted after the DSO enters the STEM OPT recommendation into SEVIS. While USCIS Policy Manual is showing 30 days, the I-765 form instructions and DHS "StudyInTheStates" website are showing 60 days. We recommend clients to follow the more restrictive 30-days filing window.
Study Abroad Programs
For students participating in study abroad programs, the guidance offers clarity on maintaining SEVIS status. Students enrolled in SEVP-certified schools can remain active in SEVIS during study abroad programs lasting less than five months. However, if the program exceeds five months, a new Form I-20 will be required, ensuring students maintain their legal status during extended periods abroad.
Conclusion
The August 2024 updates to USCIS guidance for F and M nonimmigrant students provide additional clarity and flexibility of rules surrounding OPT, online education, school transfers, and study abroad. The rules for F and M international students are generally complicated and unforgiving. It is critical that foreign students pay close attention to all the rules and regulations, and keep in close contact with their school Designated Student Officer (DSO). When in doubt, do not hesitate to contact an experienced immigration attorney for further guidance.
No comments:
Post a Comment