OPT Extension Regulation Proposed

Immigration and Customs Enforcement ("ICE") has started the process to implement a new regulation that would benefit F-1 students. Upon graduation, most F-1 students are eligible for 12 months of employment authorization called Optional Practical Training (OPT). The idea behind OPT is that it provides the F-1 student with the opportunity to apply knowledge gained from their program of study to a more practical work experience with an employer.

The proposed new regulation, entitled "Extending Period for Optional Practical Training for 17 Months for Qualified F-1 Students," would extend an F-1 student's period of OPT eligibility from 12 to 29 months. This change would benefit F-1 students in two important ways:

(1) it would eliminate the "cap gap" problem for students who were ineligible to request an in-country change of status along with the H-1B cap petition because their OPT expired in the summer months. To be eligible for an in-country change of status, F-1 students have to show that they have OPT valid from the time their H-1B Cap petition is filed on April 1 until no more than 60 days before October 1 (F-1 students remain in status for 60 days following the expiration of their OPT).

(2) it would also allow F-1 students a second chance to enter an H-1B Cap lottery in a subsequent year if their H-1B petition was not selected the first time.

It has been suggested that if passed, this regulation would only apply to F-1 students studying in particular fields. However, the exact text of the regulation is not yet known.

Please note this is a proposed regulation. It could take up to 90 days for the regulation process to be finalized, and this regulation could ultimately be approved, revised, or rejected. We will keep you posted.