Finnan, Fleischut & Associates

More on Special 17-month OPT Extensions and F-1 “Cap-Gap” Provisions

Further to our earlier client announcement of April 8, 2008, we are now providing more information regarding the new special 17-month OPT extensions and so-called “cap-gap relief” for certain F-1 (student visa) status holders.  Please also refer to our previous news item for an overview of the ‘interim final rule’ published in the Federal Register.

1.      OPT and Special 17-month Extension –

The new rule allows F-1 students in certain fields to secure an additional seventeen (17) months of Optional Practical Training (OPT) after the end of the initial twelve months’ OPT.  With the special extension, the maximum OPT period would thus be 29 months.  To be eligible, the F-1 student must be completing a degree program in a field of science, technology, engineering, or math (so-called “STEM” fields).  The student must also be able to demonstrate an offer of employment from a U.S. employer that is enrolled in and maintaining good standing in, USCIS’ E-Verify program, an Internet-based system for verifying the employment authorization of newly hired employees.

Qualifying F-1 students may apply for extension of OPT via the already existing procedures, by applying for an Employment Authorization Document based on a recommendation by the Designated School Official (DSO) that OPT extension be granted.  Presumably the DSO will require that the student provide evidence of an offer of employment from a qualifying employer.  The new regulations describe the procedures as follows:  an eligible F-1 student r