Please continue to monitor the Alerts page of this website for the latest updates and advisories: global.rutgers.edu/all-alerts
IMPORTANT ALERTS:
1) Online OPT Application Alert: Do not submit an OPT application online from outside of the US and/or without a SIGNED OPT recommendation I-20. Once you pay the online application fee, the I-765 is considered filed immediately and will result in a denial if you applied from outside the US and without the OPT I-20. You must receive an OPT I-20 from Rutgers Global - ISSS BEFORE submitting your application online to USCIS. Our tutorial is below.
2) Premium Processing is now available for OPT I-765 applications. USCIS provides the option for you to have your OPT application adjudicated within 30 calendar days from the date of request. Adjudication could be an approval, request for evidence, rejection, or denial - it does NOT guarantee you an approval.
Premium processing is NOT mandatory. This is a personal decision you need to make based on your situation. You should carefully review all information the USCIS Premium Processing webpage and the normal USCIS Processing Times webpage before making your decision.
3) As of April 1st 2024, the USCIS I-765 fee will increase. A paper/mailing submission will cost $520, online submission $470.
STEM OPT Extensions
Some F-1 students may be eligible for an extension of their initial 12 months of OPT if they have received a degree in an eligible STEM field or have a pending or approved H-1B application. You must submit a new STEM OPT Extension application to USCIS with new STEM OPT recommended I-20 from Rutgers Global.
STEM OPT PROCESSING TIMES
F-1 students who have applied for STEM OPT may face delays in receiving their EADs (employment authorization documents). Therefore these delays can result in loss of opportunities or jeopardize a student’s legal status in the U.S, especially if traveling outside the US and reentering without their EAD and a job offer. In previous years, OPT applications have taken an average of 2-3 months to be processed by the U.S. Citizenship and Immigration Services (USCIS).
Follow these links for more information on these times:
-- Check USCIS Case Processing Times
-- Contact USCIS for a status update (if your OPT/STEM application has been pending for more than 90 days)
Automatic 180 day work extension: If you file your STEM OPT extension application on time and your OPT period expires while your extension application is pending, we will automatically extend your employment authorization for 180 days. This shows on your receipt notice. This automatic 180-day extension ceases once USCIS adjudicates your STEM OPT extension application.
Once an OPT application goes to the USCIS, Rutgers has no control over the progress of the application. We would like to advise all our students who are considering applying for STEM OPT to plan well in advance. STEM OPT applications can be sent to the USCIS up to 90 days before the end of the post-completion OPT period. This means that with enough advance planning, a student can apply in a timeline such that they receive their EAD card in time and can continue working according to their plans. It may also help to inform potential employers about the possibility of a delay in receiving work authorization. Finally, it is important to note that students still have legal status in the U.S. during the STEM OPT adjudication period as long as they correctly filed in the correct time frame.
Premium Processing is now available for OPT I-765 applications. USCIS provides the option for you to have your OPT application adjudicated within 30 calendar days from the date of request. Adjudication could be an approval, request for evidence, rejection, or denial - it does NOT guarantee you an approval.
Premium processing is NOT mandatory. This is a personal decision you need to make based on your situation. You should carefully review all information the USCIS Premium Processing webpage and the normal USCIS Processing Times webpage before making your decision.
Feel free to contact an international student adviser during our advising hours or via email us with any questions or concerns.
Additional Information
24-Month STEM Extension +
The STEM Extension is an extended 24 month period of OPT for F-1 students who have earned a degree in an eligible STEM field. This work authorization is an extension of a current period of post-completion OPT.
Eligibility for the STEM Extension
F-1 students eligible for the STEM extension if they:
- Have earned a degree in an eligible STEM field as determined by the DHS-approved STEM CIP code
- Has not already utilized two STEM extensions and you have not exceeded 90 days of unemployment for the current OPT
- Currently are on an approved period of post-completion OPT, ending within 90 days (i.e. EAD card has not yet expired. An F-1 student is not eligible to apply for the STEM extension during the 60 day grace period). Your application must be received by USCIS BEFORE the expiration of your current EAD card
- Work a minimum of 20 hours/week in a paid position directly related to their field
- Pursue their STEM OPT extension through an employer that is enrolled in USCIS's E-Verify employment eligibility verification program, as well as other additional STEM OPT Employer Requirements
- Have not already been approved for 2 previous STEM OPT periods in their lifetime
- Applies in a timely manner, prior to the post-completion OPT expiring
A Note About Prior Degrees
Under certain circumstances, an F-1 student may use a prior STEM degree from a currently accredited SEVP-certified school to fulfill this eligibility requirement. To use a prior degree to qualify for the STEM OPT extension, the F-1 student must:
- Have received their most recent degree (which does not need to be STEM-related) from a currently accredited Student and Exchange Visitor Program (SEVP)-certified school
- Have received their prior, qualifying STEM degree* (at the bachelor's level or higher) within 10 years of applying for the STEM OPT extension with USCIS
- The qualifying STEM degree needs to be on DHS's STEM Designated Degree Program List at the time the student submits their application for the STEM OPT extension, rather than at the time that the student received the degree
If pursuing this option, you MUST make Rutgers Global aware of this plan before applying. The I-983 and STEM OPT recommended I-20 are impacted differently by this option.
Permitted Forms of Employment
While on STEM OPT, you must be formally employed by an organization that commits to monitoring your progress and completing the Department of Homeland Security’s reporting requirements. There must be a bona-fide employee/employer relationship, and therefore some work arrangements may not qualify. This is up to USCIS. In addition, supervision cannot be from another F-1 visa holding student. Other notable forms of employment on STEM are:
- Multiple employers- Students can work for more than one employer, but all employment must at least 20 hours/week, related to student's degree, and all employers must be enrolled in E-Verify. An I-983 is needed for each employer.
- Self-employment-
- Although the final 24-month STEM OPT rule does not directly prohibit a student from registering in E-Verify and acting as his or her own employer (i.e., self-employment), DHS has interpreted the general conditions of the regulation and the Form I-983 (e.g., employer reporting, training, supervision, wage attestations) to prohibit self-employment and to prohibit a student from signing the Form I-983 as employer/supervisor. Please speak with an adviser for more information, if this may apply to you.
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81 FR 13072 par. 447:
"The rule also requires that a student must have a bona fide employer-employee relationship with an employer to obtain a STEM OPT extension. In response to comments received, DHS clarifies that students may be employed by start-up businesses, but all regulatory requirements must be met and the student may not provide employer attestations on his or her own behalf."
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- Although the final 24-month STEM OPT rule does not directly prohibit a student from registering in E-Verify and acting as his or her own employer (i.e., self-employment), DHS has interpreted the general conditions of the regulation and the Form I-983 (e.g., employer reporting, training, supervision, wage attestations) to prohibit self-employment and to prohibit a student from signing the Form I-983 as employer/supervisor. Please speak with an adviser for more information, if this may apply to you.
- Agency Employment/consulting firm- We strongly encourage you and your employer to review the USCIS OPT page related to this topic before completing the I-983. Only the E-verified employer that provides the actual training relevant to the student’s qualifying STEM degree is authorized to sign and complete Form I-983.
Special Note about Marijuana/Cannabis/CBD Industry
Please note that while there have been advancements in the legalization of marijuana in some states, it is still a Schedule 1 drug under the Controlled Substances Act and use of marijuana in any form is illegal under federal law.
Our office therefore cautions students to be wary of employment opportunities that exist within this industry, as it can potentially be viewed negatively towards immigration. We recommend consulting with an attorney if you have concerns.
Related Resources:
Students Working at Rutgers while on STEM OPT
Students that work at Rutgers for their STEM period should consult with University HR for assistance in filling out their I-983 with employer information. Please review the following resource from HR regarding the I-9 and e-verify.
How to Apply for the STEM Extension
1. Prepare your STEM OPT application using ONE of our tutorials:
- Applying to USCIS Online: Preparing Your STEM OPT Application (online) (last updated May 8, 2024)
- Applying to USCIS by Mail: Preparing Your STEM OPT Application (mailing version) (last updated May 8, 2024)
Contact an adviser if you are applying for STEM using a prior degree.
WARNING - please read the entire tutorial BEFORE taking any action on your application! Do not submit your application on the USCIS website until we have given you the new STEM OPT I-20!
3. Submit the STEM OPT Extension e-form via the RGlobal portal (under F-1 Practical Training). You will need to upload your degree and completed I-983 on this e-form.
4. Receive a new I-20 with STEM OPT recommendation from our office
5. Submit your complete OPT application to USCIS
6. Wait for your Employment Authorization Document (EAD) card to arrive in the mail. If you file your STEM OPT extension application on time and your OPT period expires while your extension application is pending, USCIS will automatically extend your employment authorization for 180 days. This automatic 180-day extension ceases once USCIS adjudicates your STEM OPT extension application.
STEM Extension Reporting Requirements
If you move while the application is pending, you MUST tell our office via OPT Data Update e-form AND USCIS directly via their Address Update options. Failure to do so can result in your card not being delivered correctly.
Using our OPT Data Update e-Form via the RGlobal portal, you are required by the U.S. Department of Homeland Security (DHS) to inform Rutgers Global–International Student and Scholar Services about:
- All changes of U.S. address, phone number, and email address
- Any legal name changes
- Any change in STEM OPT employer or employment information
- If your employment with any STEM OPT employer is terminated or interrupted, the date of such termination or interruption
- Any employment changes that makes your previously submitted I-983 outdated
During the STEM OPT extension period, updates to employment information may require submission of an updated Form I-983 reflecting the change.
There is a 10-day regulatory deadline for reporting each item on the list above. Schools are then required to report this information to DHS via the SEVIS database. Please use the OPT Data Update Form Tutorial for detailed OPT reporting instructions.
In addition, STEM OPT students must complete and submit annual self-evaluations (page 5 of the Form I-983) describing the progress of the training experience. The “Evaluation on Student Progress” must be completed 12 months after the STEM OPT start date; the “Final Evaluation on Student Progress” must be completed whenever ending a STEM OPT job and/or at the end of the 24 month STEM OPT period. The entire Form I-983 (Pages 1-5) with your completed self-evaluation must be submitted via the STEM Validation Report E-form on the RGlobal Portal.
Every 6 months, you must work with Rutgers Global–International Student and Scholar Services to confirm that your record in SEVIS accurately reflects your current circumstance. This is a time sensitive reporting requirement. Please check your inbox for an email from our office requesting OPT verification for DHS reporting every six months and respond as soon as possible to confirm your address and employment information. We have been made aware that the USCIS is asking for students to provide proof of the verification when applying for H1-B or permanent residency.
Students on active STEM OPT will have access to the SEVP portal. However, Rutgers Global - International Student and Scholar Services requires that you continue to submit all OPT information updates using the OPT Data Update e-Form available on the RGlobal portal. You can still use the SEVP portal to review your information in SEVIS.
Review the Study in the States website for a summary of STEM Extension reporting requirements here.
Additional Resources
STEM Extension Reporting Requirements and Important Reminders
Study in the States - STEM OPT
USCIS - Optional Practical Training for STEM Students (STEM OPT) (includes information about: staffing agencies, DHS site visits, client sites, unemployment days, working with the STEM application is pending, and more)
USCIS, I-9 Handbook for F-1 Nonimmigrant Students
H-1B and Cap-Gap Extensions +
The H-1B cap-gap extension is a period in which an eligible F-1 student’s status is extended to bridge the gap between the end of F-1 status and start of H-1B status on October 1 of each year.
Eligibility for the H-1B Cap-Gap Extension
If an international student has a valid EAD card at the time of H1-B application submission, and your application is selected in the lottery, employment authorization is automatically extended. If you have an expired EAD card but is still in your 60-day grace period at the time of the H1-B application submission, and your application is selected in the lottery, legal status to remain in the United States is extended, but employment authorization is not.
Our office requires the H-1b receipt/approval notice to create a cap-gap I-20, as this confirms that USCIS recognizes the application and pending/approved.
How to Apply for the H-1B Cap-Gap Extension
The H-1B cap-gap extension is automatic, so there is nothing to do in order to apply. F-1 students whose employers have filed an H-1B application on their behalf should contact their international student adviser to request a Cap-Gap I-20 if their H-1B application has been selected in the lottery and their OPT is ending before September 30.
If you are eligible, you may also apply for the STEM extension while your H-1B application is pending. An international student whose H-1B application is approved via USCIS Change of Status, you must submit a Close SEVIS Record e-form (via the RGlobal portal) when the new H-1B status becomes active on October 1. If the Change of Status was showing on your SEVIS record, it could auto-complete.
If your application was approved via Consular Processing (aka you need to travel abroad, apply for the H-1b visa, and return to the US to start the H-1b status), the closure of the F-1 status should be processed after that re-entry on H-1b status occurs. Please contact an adviser for more information on this timeline.
If on active STEM OPT when the H-1b becomes effective, our office will ask you for final I-983 evaluation(s) in addition to closing your SEVIS record/ending your F-1 status.
If your H-1b is cancelled/withdrawn prior to the expected status start date, you must let our office know right away. This could impact your work options/status.
Additional H1B Resources
Resources for Reporting Discrimination in the Workplace and Employer Non-Compliance +
If you experience bias or discrimination at the workplace, you can use the following resources to address the issue.
1) Contacting your employer's Human Resources department
2) General overview of discrimination, harassment, and retaliation in the workplace
3) Equal Employment Opportunity Commission
Employer Non-Compliance
By signing the I-983, the employer confirms they will abide by all mandatory reporting requirements. If a student feels these obligations are not being met, they can follow the steps here to report the employer non-compliance to SEVP.