F-1 Student Optional Practical Training (OPT) STEM Extension

To qualify for the 24-month STEM OPT extension, you must:

• Currently be in a valid period of OPT
• Have completed a Bachelor’s, Master’s, or Doctoral STEM degree from a SEVP-certified U.S. institution or school
  • STEM OPT based on most recent degree program
  • STEM OPT based on a Previously Earned STEM degree: If you are an F-1 student currently on 12-month post-completion OPT for a non-STEM degree, and you have previously earned a degree in a STEM field, you may be eligible to use the prior STEM degree to apply for a STEM OPT extension. You must have received both degrees from currently accredited and SEVP-certified institutions, and you cannot have already used a STEM OPT extension based on the prior degree. Your employment opportunity also must be directly related to the STEM degree.
  • STEM degrees you obtain in the future: If you enroll in a new academic program in the future and earn another qualifying STEM degree at a higher educational level, you may be eligible for one additional 24-month STEM OPT extension. You may have two 24-month STEM extensions maximum, and they cannot be applied back-to-back.
• Have a formal job offer for an E-Verify employer who meets all the requirements on the Study in the States STEM OPT Employer Responsibilities page.
• Submit a complete extension request application to USCIS up to 90 days before your current OPT employment authorization expires, and within 30 days of the date of your new I-20 from the ISSS indicating a STEM OPT Extension recommendation on Page 2. Your application cannot be received by USCIS after the end date of your current OPT.

These questions are often phrased in a very deliberate way, and is similar across many job applications. Variations include: “Are you legally authorized to work in the United States?”; “Will you now or in the future require sponsorship?”; or combined in some variation of “Do you require work authorization or sponsorship now or in the future?”

Many U.S. employers prefer to know everything up front in order to make informed decisions that will affect their business(es). You are encouraged to be as truthful as possible while completing all job applications. The phrasing of these questions helps employers plan for their futures and determine up front whether they are capable of properly supporting you as an employee.

It is also recommended to work closely with the Mines Career Center to polish your cover letter and resume, and prepare for interviews. The Career Center has the tool Interstride to help make your job search as smooth as possible. Interstride itself has useful information about employers, to include information about employers who have sponsored students for statuses like H-1B and Permanent Residency.

To determine how to respond to these questions, let us first break them down.

Are you legally authorized to work in the United States?

Answer: YES

International students who have properly maintained their status and have been academically enrolled full-time for two semesters as an F-1 student are eligible for Curricular Practical Training (CPT) while attending school or Optional Practical Training (OPT) after graduation in order to participate in off-campus work opportunities directly related to their degree program.

Will you now or in the future require sponsorship?

If you answer NO:

An answer of NO to this question indicates to the employer that you intend to use your STEM Optional Practical Training Extension for the full authorized duration, then either return to school or depart the United States. A NO answer tells the employer that you do not need any additional immigration support from their company. If you answer NO and later ask for sponsorship for H-1B or Permanent Residency, the company could possible construe your original application as having been false.

If you choose to answer NO, be prepared to explain to a prospective employer why you have answered NO and what your long-term plans are.

If you answer YES:

An answer of YES to this question indicates that you might need their assistance in sponsorship an H-1B or Permanent Residency application in the future. Granted, the future is difficult to plan at times, therefore if you have any consideration that you may pursue a visa status requiring sponsorship in the future, then you should answer YES to this question.

If you choose to answer YES, be prepared to explain that you currently have CPT available or OPT/STEM OPT authorization for up to three years. You are encouraged to research the sponsorship process for the visa(s) you may be interested in so as to make the process as clear and approachable as possible for an employer who may not have sponsored an individual in the past.t.

To submit a complete application through the ISSS Portal, you will need the following:

• Copies of your current and valid passport, your most recent visa (even if expired), and your most recent I-94 entry record
• All previous copies of I-20s from your most recent academic level, even from other schools if you transferred to Mines.
  • If you are qualifying for the STEM OPT extension based on a prior degree, you must have the I-20s from that degree program
• A copy of your transcripts OR formal degree for the STEM degree
• A complete USCIS Form I-765. Prior to completing the form, please review the instructions specific to your visa status and filing status (F-1; post-completion). Your filing category is (c)(3)(C).
  • Note about mailing address: If you will not be residing in your “U.S. Physical Address” for the duration of the USCIS processing time, please complete the “Your U.S. Address” field with a family member or friend’s address (and their name in the “In Care Of” section) who may accept mail on your behalf. If you change addresses while your OPT application is Pending, please ensure you update your OPT application through the Change of Address form.
  • Note about the signature: You must submit an application with a wet-ink signature in black ink. Your signature must fit fully inside the box with no parts going outside.
• Complete Form I-983
  • This does not get mailed to USCIS, but the ISSS must have a complete and signed copy of this form on file for all employers.
  • Electronic or digital signatures cannot be accepted; only wet-ink signatures are permissible.

To apply through USCIS, you will also need the following:

• Application Fees –
  • Mines ISSS – STEM OPT extension applicants are assessed a $150.00 fee for continued maintenance of their F-1 SEVIS record while on OPT.
  • USCIS: Please review the USCIS website for the most up-to-date fee information.
    • When you submit an electronic application to USCIS, you have the ability to pay with a debit or credit card. The physical check or money order is not used for the electronic application. 
• Two (2) identical “natural color” passport photos –
  • Please review the U.S. Department of State guidelines about U.S. style passport photos. These must have been taken within the last 30 days – older photos will be rejected. Lightly print your name and your I-94 number on the back of each photograph in pen so your photographs can be matched to your application in the event they are separated. ISSS strongly encourages you to get professional pictures taken at a local business to include drugstores, copy centers, and the post office.

How do I submit my STEM OPT application to USCIS?

After discussing your STEM OPT application with an ISSS advisor and receiving your updated I-20 with a STEM OPT recommendation on Page 2, you can submit your application to USCIS online.

Your application cannot be submitted to USCIS more than 90 days before your program completion. USCIS must receive your OPT application within 30 days of the issuance of your new I-20 reflecting your STEM OPT recommendation from ISSS and no later than the end date on your current OPT EAD. Please reference the date on Page 1 of your new I-20 to determine when USCIS must receive your application.

Your complete application to USCIS must include the following documents:

• USCIS fee payment
• Two identical, passport-sized photos
• Complete and signed Form I-765 plus copy of your past EAD card(s)
• Copies of your:
  • Mines I-20 with a STEM OPT recommendation “Requested” on Page 2
  • Valid, unexpired passport
  • F-1 visa stamp
  • Most recent I-94
  • Official transcripts OR your conferred STEM degree from Mines

Can I apply in person at a local USCIS office?

No.  STEM OPT applications should be submitted to the USCIS online.

Can I apply online for STEM OPT through USCIS?

Yes. STEM OPT applications be done submitted electronically to USCIS.

The OPT administrative fee assessed by the International Student & Services Office covers additional services provided by the ISSS for the continued maintenance of your SEVIS record in addition to ongoing guidance, workshop and event offerings, and additional administration required for your post-completion F-1 visa status. 

How much is the fee and what is it applied towards?

The fee is $150.00 USD. This fee covers the continued administration of your immigration record following the completion of your academic program at Mines. Additional benefits of the fee include:

• Maintenance of the SEVIS F-1 immigration record and issued I-20 document
• Continued dedicated immigration support and guidance from the International Student & Scholar Services office throughout the approved STEM OPT period
• Access to workshops and events about STEM OPT and other immigration topics
• Processing of travel signatures and additional immigration requests

Who must pay the fee?

Beginning September 1, 2019, all F-1 students who apply for STEM OPT are required to pay the fee. 

How do I pay the fee?

You can pay the fee directly through the International Portal and Mines’ CashNet system. This is a secure and electronic method of payment. Please do not submit a check or cash to the ISSS. 

Can the fee be refunded?

No. If you choose not to use the STEM OPT authorization granted by USCIS, or are denied STEM OPT authorization from USCIS, the fee cannot be refunded. If you decide to not use your STEM OPT authorization or intend to withdraw your STEM OPT application, please notify the ISSS within 10 days of deciding.

Is this fee the same fee that needs to be paid to USCIS?

No. The OPT administrative fee is a $75.00 USD fee paid directly to Mines ISSS. The USCIS OPT I-765 fee is a $410.00 USD fee paid directly to the Department of Homeland Security. Mines receives no amount from USCIS or DHS for the continued maintenance of your SEVIS F-1 STEM OPT record. 

Is Mines the only university who charges an OPT fee?

No. Many universities charge additional fees for the continued maintenance of SEVIS records post-completion of an academic program. Additional information is below for other universities charging similar fees. 

If you are approved for the STEM OPT 24-month extension, you will receive an updated EAD card. You must provide a copy of this EAD card to your employer’s Human Resources office and to the ISSS. Additionally, while on STEM OPT, you have specific reporting responsibilities in order to maintain status. You are encouraged to set up calendar reminders to submit the following information through the ISSS portal every 6 months: 

• Your legal name
• Your residential or mailing address
• Your email address
• Your employer’s name
• Your employer’s address

Report to your DSO to confirm the information listed above even if none of the information has changed. Anytime your information does change, you are required to report the change to ISSS within 10 days so we may continue to maintain your SEVIS record. 

12-month Evaluation

While on STEM OPT, you are required to complete the 12-month evaluation on Page 5 of your I-983 for your current employer. You must submit this evaluation to the ISSS for inclusion with your immigration record. You can submit this by logging in to the ISSS Portal, accessing your User Menu and original STEM OPT application, and uploading your 12-month report in the post-decision materials. 

Final Evaluation

During the final month of your STEM OPT period, you should work with your current employer to complete the STEM OPT Final Evaluation on Page 5 of your I-983. You must submit this evaluation to the ISSS for inclusion with your immigration record. You can submit this by logging in to the ISSS Portal, accessing your User Menu and original STEM OPT application, and uploading your final evaluation in the post-decision materials. 

For more information, please refer to the U.S. Department of Homeland Security Study in the States F-1 STEM OPT Information page.

A student who has filed an application for the 24-month STEM OPT extension on time (before regular OPT expired) with USCIS may start or continue to work for the STEM OPT employer for up to 180 days beyond the expiration of his or her prior post-completion OPT EAD while the STEM extension application is pending with USCIS.

Time spent during this 180-day period while the application is pending counts towards the total 24-months of the extension. If the STEM OPT application is still pending with USCIS beyond 180 days, you must stop working until USCIS approves or rejects the STEM OPT application.

While on an Approved 24-month STEM OPT extension, you are able to change employers. If you change employers, your new employer must also be an E-verify Employer and must complete a new I-983 with you. You will need to provide a new form I-983 completed by you and your new employer. You can submit this through the ISSS portal using the “STEM OPT Employment Update” form under requests.

If your STEM OPT application is Pending with USCIS and you change employers, you must provide the new I-983 and a copy of your I-797, Notice of Receipt for your STEM OPT application to ISSS. The ISSS will update your SEVIS record, issue a new I-20 showing the new employer’s information, and submit the I-20 to USCIS electronically on your behalf in order to update your pending USCIS application.

Electronic or digital signatures cannot be accepted; only wet-ink signatures are permissible on the I-983.

Employers for F-1 students using STEM OPT must meet specific requirements in order to host a student. The U.S. Department of Homeland Security Study in the States site provides additional support for employers online. To be a qualifying STEM OPT employer, a company must:

• Be enrolled in E-Verify and remain in good standing
• Report material changes to the STEM OPT student’s employment to the DSO within 5 business days
• Implement a formal training program (I-983) to support the student’s academic learning through practical experience
• Complete the Form I-983, Training Plan for STEM OPT Students. In this form,  you must attest that:
  • You have enough resources and trained personnel available to appropriately train the student;
  • The student will not replace a full- or part-time, temporary or permanent U.S. worker; and
  • Working for you will help the student attain his or her training objectives.

Vacation while Employed

If your time away is authorized by your employer, such as on vacation/sick leave or traveling on company business, it is still counted as being employed. You should speak with your employer to determine how your time away will be considered.

Unemployment

Students on STEM OPT cannot accrue more than 150 cumulative days of unemployment during the 24-month period of STEM OPT.  Any unused unemployment days from your standard 12-month OPT period will carry over (you were allotted a maximum of 90 days during standard OPT).

If you accumulate 150 days of unemployment, your legal F-1 status ends immediately on of the 151st day. If you are still in the U.S. after 150 days of unemployment, you may begin accruing unlawful presence which can impact future visa applications and eligibility.

Before the 151st day, you will need to make arrangements to either leave the U.S., start a new degree program, transfer to another institution, or change to a different status.

Before planning any international travel while you are on Optional Practical Training STEM Extension, be certain to review the necessary documentation required for departing and re-entering the United States. Click here to visit our International Travel page.

What is the H-1B “Cap Gap?”

The H-1B visa is a temporary employment visa for skilled individuals. Many companies across the United States sponsor international students for the H-1B visa and assist in filing the visa petition to the United States Citizenship and Immigration Services (USCIS) for adjudication. Each year, cap-subject employers and students submit applications for a limited number of H-1B visas which are effectively “capped” at 65,000 available (2019). Students who have an H-1B petition filed on their behalf with a cap-subject employer may receive a “cap-gap” employment authorization extension.

Students working for cap-subject employers are able to submit an H-1B petition between April 1 and April 5 each year. Applications should be submitted as early as possible in order to have the best chance to be selected in the H-1B lottery for one of the 65,000 available visas. Students must be formally sponsored by an organization in order to file for the H-1B visa.

What does Cap-gap permit me to do?

Cap-gap allows F-1 students to remain in the United States and continue to work for an employer until September 30. The cap-gap authorization must be printed on the I-20, Certificate of Eligibility and a student should request an updated I-20 if they have successfully filed an H-1B petition and received an I-797 Notice of Receipt indicating they are being considered for an H-1B visa. An ISSS advisor can review your SEVIS record to verify if you have been provided the cap-gap extension.

Please note, if an H-1B petition is not approved on or before September 30, students must stop working until USCIS has adjudicated the H-1B petition and either approved or rejected the request. Please work closely with your company’s immigration attorney in this instance.

Cap Gap eligibility

The following criteria must be met:

• Complete maintenance of your F-1 status without a status violation
  • This includes ensuring your SEVIS STEM OPT employment information is up-to-date and you have submitted all required 6-month reports and/or evaluations
• An H-1B petition was filed in a timely manner by your cap-subject employer)
  • This petition must have a start date of October 1
  • This petition must request a “Change of Status” to H-1B rather than “consular processing”

Who is ineligible for the Cap Gap?

There are exceptions for certain employers who are not subject to the conditions of the cap-subject employers explained above.  These employers are considered to be “cap-exempt” and include organizations in higher education, specific non-profit organizations related to or affiliated with higher education, and specific non-profit or governmental research organizations.

These types of employers are permitted to submit an H-1B petition at any time of the year and there are no limits to how many visas are available for these types of employers. If an H-1B petition will be submitted on your behalf by any such institution, then the “Cap-Gap” extension will not apply to you. You are encouraged to work with your organization’s immigration attorney(s) through this process.

Do I get any documentation to show I am covered by the Cap Gap?

Yes, but you will need to contact ISSS (isss@mines.edu) to request a new I-20 document. The ISSS is not automatically notified when you submit an H-1B petition. Employment Authorization Documents (EADs) are not issued or updated for the Cap-Gap extension.

Will I be able to work during the Cap Gap extension period after my EAD has expired?

Yes, keeping in mind the following criteria:

• You must continue to maintain your F-1 visa status per the visa regulations
• Your H-1B petition must have been filed in a timely manner
• Your H-1B petition must have an employment start date of October 1
• Your H-1B petition must have a change of status to H-1B instead of “consular processing”
• You must be on valid OPT or STEM OPT at the time the H-1B petition is received by USCIS
• Your H-1B petition must be accepted by USCIS for review and you must have received an I-797, Notice of Receipt
• You should obtain an updated I-20 showing the Cap Gap extension – your employer should receive a copy of this I-20 in order to continue your work authorization after your EAD expires and before the H-1B employment begins (if approved)

If all of the above applies to you, you can keep working until September 30.

What if I learn my H-1B was rejected or denied?

If your H-1B petition is not selected, or is otherwise denied, withdrawn, or revoked, your OPT Cap Gap employment must end when that action is taken (if you have no additional time on your OPT or STEM OPT EAD).

You will automatically enter your 60-day post-completion grace period. You must either depart the U.S. before the end of the 60-day period, begin a new degree program and level within 5 months, transfer to a different institution, or change to another visa status.

If your H-1B petition is denied due to a status violation, the 60-day grace period will not be available and you will be required to depart the United States as soon as possible. More information is available here.

How will the Cap Gap impact my driver’s license?

Unfortunately, you may not be able to renew it until you receive the updated I-20 with the September 30 end date. Each state has different license issuance rules, but overall most will require you to show proof that you are legally able to stay during the cap-gap period, such as the updated I-20 with a revised end date and the cap-gap explanation.

ISSS is not able to intervene or write letters etc. to driver’s license departments; the driver’s license offices will not accept such documentation as evidence of your continued legal status.

Can I travel outside the U.S. during the Cap Gap?

You should not travel internationally after you have submitted your H-1B petition.  If your STEM OPT EAD is expired and you are under the cap-gap extension, you should not leave the U.S. as you will not be permitted to re-enter in F-1 status. 

If you depart the United States, your Pending “Change of Status” H-1B petition may be considered “abandoned” and you will be required to apply for an H-1B visa at a consular post abroad.

If approved for the H-1B prior to traveling outside of the United States, you would not be able to re-enter the U.S. until October 1.

Does unemployment matter during the Cap Gap?

Yes.  If you were already on STEM OPT, you are restricted to a total of no more than 150 days of unemployment.

An F-1 student may remain in the United States for up to 60 days after the completion of the STEM OPT period. During this 60-day period, you may do the following:

• Change your degree level for a new degree program
• Transfer to another institution for a new degree program
• Change your immigration status to another non-immigrant status
• Travel within the United States
• Close out all affairs in the United States and prepare to return home