Information for GW Faculty and Administrators

on

New F-1 Student Optional Practical Training (OPT) Employment Regulations

 

 

 

Purpose

 

This information is intended for GW faculty and administrators who work with international students.  It will describe recent changes in federal regulations affecting F-1 international students.  The changes have implications for international student admissions, student selection of and changes in major field of study, the current classifications of GW major fields using standards established by the U.S. Department of Education (ED), and international student career advising and job searches.  Some of this information will be of particular interest to department chairs and program directors in science, technology, engineering, and mathematics (STEM) fields. 

 

 

Introduction

 

International students in F-1 immigration status (the majority of GW international students) are eligible to be employed in the U.S. for 12 months after completion of a program of study.  This employment is called post-completion Optional Practical Training (OPT) and its purpose is to permit the student to supplement academic studies with on-the-job experience.  On April 08, 2008, the U.S. Department of Homeland Security (DHS) published regulation changes in the Federal Register that significantly expand post-completion OPT benefits for most F-1 international students.

 

 

New Benefits for All F-1 Students

 

New regulations provide for automatic extensions of post-completion OPT from April 1 to October 1 of the same calendar year for individuals whose employers file H-1B petitions on April 1 seeking to change their immigration status from F-1 student to H-1B employee effective October 1.  This will permit more international students to remain in the U.S. for longer periods of employment (up to 12 months for F-1 OPT, plus this automatic extension, if needed, plus up to 6 years in H-1B status).

 

 

New Provisions for Students in STEM Fields

 

The regulations permit students who are engaged in post-completion OPT who also have degrees in designated STEM fields to apply for a 17-month extension of their employment authorization, making it possible for some students to work in OPT for up to 29 months after completion of a program of study and making it easier for them to eventually change from F-1 student status to H-1B employee status.

 

[DHS has published a list of major fields it will recognize for purposes of this extension.  Please note that DHS has selected only some STEM fields and not all those commonly thought of as STEM fields.  The major fields are taken from the U.S. Department of Education’s Classification of Instructional Programs (CIP), a major field taxonomy adopted in 2000 and known as the CIP 2000 majors and codes.  A list of all current GW major fields and their CIP names and codes, with those that are recognized as STEM fields by DHS indicated as such, may be accessed through a link at the end of this document.

 

 

Implications for International Admissions

 

Applicants who wish to avail themselves of up to 29 months of post-completion OPT may want to know what the CIP code is for the GW major field they are considering or they may simply ask if the major field is recognized by DHS as a STEM field.  Personnel who work with admission to STEM field programs may wish to learn which of their programs qualify as DHS STEM programs and thus be able to answer questions on this topic.  Programs in STEM fields that are not recognized by DHS for the 29 months of OPT may find that fewer international students will be pursuing admission to their programs and that students are choosing, instead, to seek admission to major fields that are recognized as STEM fields by DHS.  A list of current GW major fields of study, including the CIP name and code associated with each, with DHS-recognized STEM fields clearly marked, may be found at a link at the end of this document.

 

 

Implications for Working with Current International Students

 

GW students in STEM fields who have not yet completed degree requirements may want to know the CIP codes associated with their major fields.  They can find those codes at a link at the end of this document.

 

GW students in STEM fields not recognized by DHS may question why their field is not recognized.  They may also ask if their major field could be assigned a new CIP code that is recognized by DHS.  In fact, some GW major fields have been assigned CIP codes that may not reflect their nature in the most accurate manner.  This may be particularly true for interdisciplinary or multidisciplinary programs, and programs that have changed their names. 

 

Students with CIP code questions may be referred to the advisor in the ISO who specializes in providing services to the students’ school or college.  [ISO Advisors and their assigned schools may be identified by clicking a link at the end of this document.]  Requests for changes in CIP codes will be entertained by Institutional Research if the request originates with the department chair or program director, and has the approval of the dean’s office.       

 

[Note:  The Classification of Instructional Programs was established by the U.S. Department of Education (ED) for institutional reporting of student enrollment and graduation data.  It is important for many reasons, including eligibility for federal financial aid.  Changes in CIP codes associated with GW major fields should not be contemplated to accommodate students wishing to benefit from the STEM provisions within the F-1 regulations unless those changes result in a more appropriate, more accurate program code and description.]        

 

 

Implications for GW Career Centers

 

The new regulations permit F-1 students, regardless of major field, to be employed for longer periods of time in post-completion OPT.  This change is known as the H-1B Cap Gap provision, and automatically extends an eligible student from April 1 to October 1 of the same calendar year, provided the employer files an H-1B petition on April 1.      

 

The regulations permit F-1 students in DHS-recognized STEM programs to be employed for up to 29 months (12-month initial authorization + 17-month STEM extension).  This makes it even more likely that employers who wish to change the individual’s status to H-1B will be successful in that effort.  A list of GW major fields with DHS-recognized STEM programs clearly marked may be found at a link at the end of this document. 

 

The 17-month extension of F-1 post-completion OPT is contingent not only upon the student graduating from a program that is recognized by DHS as a STEM field but also upon the employer’s participation in E-Verify, a federal electronic employment eligibility verification program.  Career center personnel who work with international students in STEM fields may wish to determine which recruiters represent companies that participate in E-Verify and request that employers who do not participate notify the career center if they decide to participate in the future, as students may be keenly interested in learning this information.  While few employers currently participate in E-Verify, the number will increase as time passes, in part because the federal government and some state governments have made E-Verify participation a condition of eligibility for government contracts. 

 

Recruiters from large companies and recruiters from companies that hire graduates in science, technology, engineering, and mathematics may be familiar with the F-1 OPT changes.

 

 

Implications of New Institutional Reporting Responsibilities

 

GW has new federal reporting responsibilities over a significantly expanded period of time for our graduates engaged in post-completion OPT.  While the ISO will be responsible for compliance, academic departments and deans’ offices can help by making certain that all academic information on international students is entered into Banner in a timely, accurate manner, especially information that relates to completion of degree requirements and graduation.

 

    

A Note of Caution

 

This document is a summary and does not provide many details that appear in the new regulations.  Please see the Additional Information section below if you would like to learn more about the regulation changes and their implications for GW and our international students.  

 

 

Additional Information

 

Information on these and other recent regulation changes that affect F-1 Optional Practical Training (OPT) may be found on the ISO website a link following this paragraph.  ISO routinely offers OPT workshops to GW international students and special sessions have been added specifically to address the recent regulation changes.  Students may also be referred to the ISO advisor who provides services to their school or college, per a link that follows.  The GW International Services (ISO) is always pleased to provide information, advice, and assistance to GW international students and to the faculty and staff who work with these students.

 

E-Mail Message of April 28, 2008, from ISO Director to GW Deans (with Executive Summary)

 

GW Major Fields and Codes, CIP Major Fields and Codes, and DHS-Recognized STEM Fields

 

The DHS E-Verify Program

 

New F-1 OPT Regulations: Information for International Students

 

ISO Advisors and School Assignments