The inquiry through SEVIS SAVVY Instagram (@sevissavvy) brought to my attention that some U.S. colleges promote their exchange programs by telling students that they can apply for OPT after one year of participation. In addition, the school was promoting that students who major in one of the STEM fields can extend the OPT for 24 months through the STEM OPT program. Is that true?
Before answer this question, students might wonder how come exchange students can get an F-1 visa. Usually, degree-seeking students (meaning students who are going to get a degree from the U.S. university when they graduate) are given Form I-20 to schedule for an F-1 visa interview.
On the other hand, non-degree seeking students (meaning students are participating in the program for a temporary period, thus, they will not receive any degree from the U.S. institutions) are given Form DS-2019 to schedule for a J-1 visa interview.
Although a J-1 visa is specifically for exchange visitors, exchange students might receive Form I-20 (F-1 visa) instead of Form DS-2019 (J-1 visa), depends on the school. It worth noting that J-1 exchange students are not eligible for OPT and STEM OPT programs, because OPT/ STEM OPT program is only for F-1 visa holders. Then, can exchange students who received F-1 visas participate in OPT and STEM OPT?
Understanding the eligibility for OPT and STEM OPT program is important as it can impact your future plans like this student who was planning to apply for STEM OPT, then ultimately, green card. Follow this blog post to understand the eligibility of OPT and STEM OPT based on the immigration regulations for your future goals.
Disclaimer: SEVIS SAVVY delivers information based on the visa/immigration regulations and this is no legal advice by any means. Since institutional policies may vary, getting confirmation from your international student advisor will be helpful to ensure that you comply with institutional policies and processes.
Contents
Case study scenario
Q: I participated in the exchange program in the U.S. for one year under an F-1 visa. When I was an exchange student, my college told me that I can apply for OPT and STEM OPT extensions.
My OPT was approved and I have been working in the U.S. through the OPT program. Now the OPT end date is coming so I wanted to apply for STEM OPT as I am about to start the green card processing.
However, when I reached out to the school, I was told that I need to have a degree in order to be eligible for STEM OPT. Since I didn’t graduate from U.S. colleges or universities, I do not have a U.S. degree. Can I apply for STEM OPT as an exchange student with an F-1 visa?
The answer based on the regulation
To get straight into the answer, exchange students with F-1 visa may eligible for OPT but not for STEM OPT. And here is why:
OPT eligibility
The immigration regulation 8 CFR 214.2(f)(10) – (13) outlines OPT regulations. It says F-1 visa students who study in the SEVP accredited institution can apply for OPT program if they were enrolled in at least a full academic year. Please note that the English language program doesn’t count in the one-year requirement.
To learn more about details in OPT regulations, click the first related blog post below. As this student was enrolled for two consecutive semesters (Fall and Spring), he/she was eligible for OPT. Another important thing for OPT students to remember is engaging in eligible OPT employments. To learn more about different types of eligible OPT employments, click the second related blog post.
Related blog post 1: Must-know 4 eligibility for student visa OPT
Related blog post 2: 7 types of eligible F1 visa OPT works
STEM OPT eligibility
When it comes to STEM OPT, applicants should have any qualifying degree from accredited U.S. education institutions in order to be eligible for STEM OPT extension. Below are immigration regulations regarding the STEM OPT that states the needs of the degree.
An extension will be for 24 months for the first qualifying degree for which the student has completed all course requirements (excluding thesis or equivalent), including any qualifying degree as part of a dual degree program, subject to the requirement in paragraph (f)(10)(ii)(C)(3) of this section that previously obtained degrees must have been conferred.
8 CFR 214.2(f)(10)(ii)(C)
Accreditation. The degree that is the basis for the 24-month OPT extension is from a U.S. educational institution accredited by an accrediting agency recognized by the Department of Education at the time of application.
8 CFR 214.2(f)(10)(ii)(C)(1)
A student meeting the eligibility requirements for a 24-month OPT extension under paragraph (f)(10)(ii)(C) of this section may request an extension of employment authorization by filing Form I-765 or successor form, with the required fee and supporting documents, up to 90 days prior to the expiration date of the student’s current OPT employment authorization.
8 CFR 214.2(f)(11)(i)(C)
As the regulation requires supporting documents, STEM OPT applicants usually include a copy of the transcript that shows the major or a copy of the degree. To learn more about STEM OPT eligibility or required documents for STEM OPT application, click the first blog post below.
Related blog post 1: STEM OPT eligibility, process, required documents
Related blog post 2: Can I get multiple STEM OPT jobs?
This student, who just believed what the promotional material said, now needs to change the plan, unfortunately. This is why I urge international students to educate themselves with F-1 visa/ OPT/ STEM OPT regulations.
Yes, it is complicated to understand every detail but that’s why this SEVIS SAVVY was started. To learn more about the employment programs for F students, please go to CPT/OPT page to see all the available OPT information and STEM OPT/H-1B page for updates and news regarding the STEM OPT and H-1B.
To learn more about J-1 visa information and updates, go to the J-1 visa page.
