USCIS has made significant updates to the Policy Manual, which directly impact F/M nonimmigrant students, particularly those involved in STEM fields and those planning to apply for OPT extensions. Below is a detailed explanation of each of the six updates:
1. Online Study Provisions
Clarification: Students may now count one class or three credits (or the equivalent) per academic session towards a full course of study if the class is taken online or through distance learning. This is permitted as long as the course does not require physical attendance for any purpose that is integral to the completion of the class.
Implication: This update provides greater flexibility for students who need to fulfill their course requirements through online learning. This is particularly beneficial for those who may face challenges in attending in-person classes due to various reasons such as health issues, location constraints, or other personal circumstances.
2. School Transfers and Educational Level Changes
Explanation: Students are now allowed to transfer between SEVP-certified schools at the same educational level or move between different educational levels (e.g., from a bachelor’s to a master’s program).
Implication: This update offers students more flexibility in their educational journey, allowing them to switch schools or progress to a higher educational level without disrupting their visa status. This is particularly useful for students who find better opportunities at other institutions or who wish to pursue higher education in a different field.
3. Post-Completion OPT and Grace Period
Explanation: During the 60-day grace period following an authorized period of post-completion OPT, students are allowed to:
- Change their education level.
- Transfer to another SEVP-certified school.
- File an application or petition with USCIS to change to another nonimmigrant or immigrant status.
Implication: This grace period is a critical time for students to make decisions about their future. Whether they wish to continue their education, switch schools, or change their immigration status, this update ensures that they have the necessary time to do so without losing their legal status in the U.S.
4. Post-Completion OPT Eligibility
Clarification: Students may now be eligible for post-completion OPT after completing an associate’s, bachelor’s, master’s, or doctoral degree program.
Implication: This broadens the scope of students who can take advantage of OPT, ensuring that those who have completed degrees at various levels can gain practical experience in their field of study. This is particularly beneficial for students with associate degrees who previously may not have had access to this opportunity.
5. STEM OPT Extension Application Period
Correction: USCIS has corrected the period during which students may apply for STEM OPT extensions and made other technical corrections.
Specific Time Periods:
- Earliest Application Date: Students can apply for the STEM OPT extension up to 90 days before the end date of their current OPT.
- Latest Application Date: The application must be submitted before the end of the student’s current OPT period.
Implication: This correction is crucial for students to ensure they do not miss the window for extending their OPT. Applying within the specified timeframe is essential to maintaining continuous employment authorization.
6. Study Abroad Programs and SEVIS Status
Clarification: Students enrolled in an SEVP-certified school who participate in a study abroad program can remain active in the SEVIS system if the program lasts less than five months. However, if the program extends beyond five months, the student will need a new Form I-20, Certificate of Eligibility for Nonimmigrant Student Status.
Implication: This update provides clear guidelines for students who wish to study abroad while maintaining their U.S. visa status. Understanding the time limits and requirements for a new Form I-20 is crucial for students planning to participate in extended study abroad programs.
Conclusion
These updates to the USCIS Policy Manual provide critical guidance for F/M nonimmigrant students, offering more flexibility and clarity in managing their academic and immigration status. The corrections to the STEM OPT application periods, in particular, are essential for students to ensure they maintain their work authorization and continue their professional development in the U.S.
Schedule a Consultation with an Immigration Lawyer
Citations
We Can Help!
If you have questions regarding this USCIS Policy Update, we invite you to contact our team at Richards and Jurusik for detailed guidance and assistance. We aim to provide the most accurate and up-to-date information to make your immigration process smoother and less stressful. The immigration lawyers at Richards and Jurusik have decades of experience helping people to work and live in the United States. Read some of our hundreds of 5-star client reviews! Contact us today to assess your legal situation.
