OPT 17 Month Extensions
Elligibility Based on Area of Study
On April 8th, 2008 new regulations pertaining to Optional Practical Taining were instituted by the US Department of Homeland Security. These new regulations allow students to extend their OPT for an additional 17 months near the end of the intial 12 month OPT period. However, only students in certain major areas of study (Broadly in Science, Technology, Engineering, Mathematics) specified in the regulations are eligible for this extension. In order to determine whether your degree qualifies, please read the
WSU List of Qualifying Majors for OPT Extension
If your WSU/I-20 major is on this list, you may be eligible for this extension.
Additional Elligibility Requirements
- Student must be currently participating in a 12-month period of OPT and working for a U.S. employer in a job directly related to the student’s major area of study
- Student must have a job with an employer registered in the E-Verify employment verification system.
- The student must not have previously received a 17-month OPT extension..
- Your WSU F-1 Advisor must recommend the 17-month OPT extension in SEVIS, after verifying your eligibility.
- Student must file for the 17-month extension and must pay the applciation fee again.
- The employer must agree to report the termination or departure of the student within a specified period of time through a process the is not clarified at this time.
Application Process
The extension application materials are similar to the initial OPT application application materials. With extension applications however, eligible students must also include:
- A copy of the degree
- Employer name as listed in E-Verify and the employer E-Verify company identification number (entered on the I-765 application form)*
*Unfortunately, not all employers are registered in E-Verify and due to complicated issues some may not be willing or able to register in this government system. You will have to work through these issues with a current or potential employer.
There are two important facts to keep in mind regarding the timing of your application and your employment authorization.
- OPT extentions applications must be filed before the current EAD expires.
- Students who file 17-month OPT extension will be able to continue employment while the extension application is pending, until a final decision is made by USCIS or for 180 days, whichever comes first. The receipt notice from USCIS will serve as work authorization until the new work authorization card is approved (if the current card expires while the student is waiting for the new card)
H-1B cap-gap Extension of D/S and Work Authorization until October 1.
The new rules allow F-1 students to remain in the US while waiting for the approval of a pending H-1B petition (for students who are not eligible for the OPT extensions). This rule addresses a problem referred to as the H-1B cap-gap. Students should consult with a legal representative to determine whether or not this new rule applies in their paticular case.
Duration of Employment Authorization
The employment authorization period for the 17-month OPT extension begins on the day after the expiration of the initial post-completion OPT employment authorization, and ends 17 months later, regardless of the date the actual extension is approved.
Reporting Requirements while on OPT
All students on OPT are required to report the following changes to OISS under the new regulations.
- Address
- Legal name
- Employer name and address
In addition, students who have been granted 17 month OPT extensions must contact their international student advisor:
- When your employment ends
- Every six months to confirm that no changes have occured.
Limited Periods of Unemployment to Maintain Status
The new rules specifies the amount of time a student may remain in the US unemployed during the 12 and 29 months of OPT. It is unclear how this will be monitored however and OISS is waiting for guidance and advocating that this provision of the law be reconsidered. OISS will be updating our site and sending updates as these issues are clarified.
Page Updated: April 11, 2008