OPT STEM EXTENSION GUIDE

Transcription

1 OPT STEM EXTENSION GUIDE Office of International Programs West Ten Mile Road Southfield, MI Phone: Fax: DEFINITION OPT STEM is a 24-month extension of the Optional Practical Training (OPT) employment benefit which may be granted, under specific circumstances, to F-1 students who are currently engaged in OPT to enable them to continue their employment authorization so that they may continue to gain practical experience in their field of study. There is a lifetime limit of two periods of 24-month STEM OPT; each occurring after a higher degree level has been obtained. A STEM degree obtained at a U.S. university prior to your current degree may be the basis for a STEM extension under certain circumstances. DURATION OF THE STEM EXTENSION The STEM extension is used immediately following completion of the initial 12 month OPT period. You do not select the dates for your STEM extension period. The dates are calculated automatically to start on the day after your initial OPT ends and to end 24 months after that. You cannot apply for the STEM extension when you apply for your initial 12-month OPT period. This is not a single 36- month period of OPT, but a 12-month period followed by a 24-month extension. ELIGIBILITY OF STUDENT To be eligible for the STEM, you must meet all of the following conditions: You must be in Active F-1 status. You must be currently engaged in an authorized period of full-time, post-completion OPT period. You must have completed a bachelor s, master s or doctoral degree in a designated STEM degree program, as defined by the U.S. government s Student and Exchange Visitor Program (SEVP), within the past 10 years and have not already utilized this degree to apply for a OPT STEM extension. A list of the STEM degrees can be found on the SEVP website at You must be employed in a paid position by an E-verify employer, or have a job offer for such a position. It is not possible to apply for the STEM extension if there is not employment with an E-verify employer. Unpaid positions are not eligible for the STEM extension. If you meet all of the above criteria, you are eligible to apply for the 24-month STEM extension. You must contact an international student advisor to obtain an OPT STEM document advising appointment. You should contact the advisor approximately 3 months before the end of your initial OPT period. ELIGIBILITY OF EMPLOYMENT OPPORTUNITY Per federal regulations, employment during the STEM extension must relate directly to your field of study. You must be employed by or have a pending job offer from an employer who is enrolled in the E-verify program. The University has no means of determining which employers are enrolled in the E-verify program. It is your responsibility to ask your employer if they are enrolled in the E-verify program. You may not work for an employer who is not enrolled in E-Verify while you are on your STEM extension. Unpaid or volunteer work is not eligible employment for the OPT STEM extension.

2 OPT STEM GUIDE, page 2 UNEMPLOYMENT LIMITS During the initial period of OPT, you are limited to 90 days of unemployment. When you are authorized for the STEM extension, you are given an additional 60 days of unemployment, for a combined total of 150 days. Unemployment time is monitored in SEVIS so it is critical that you update your employment to avoid termination. Example: You were unemployed for 50 days during the initial 12-month period of OPT, leaving 40 days of the allowable unemployment period. You get a job with an E-verify employer and are later authorized for the STEM extension. You now get another 60 days, in addition to the remaining 40 days from the initial OPT period, for a total of 100 days of allowable unemployment remaining. After a total of 150 days of unemployment during the entire 36-months of OPT, you are considered to be out of status and must depart the U.S. immediately. You should start making plans to depart the U.S. or return to LTU or another school to pursue a new degree program well before reaching the 150 day limit. F-1 STATUS AND OPT WORK AUTHORIZATION WHILE APPLICATION IS PENDING If your OPT expires before your STEM extension is approved, your F-1 status and OPT work authorization are automatically extended for up to 180 days while your application is pending, as long as USCIS receipts your STEM application prior to the end of your initial OPT period. APPLICATION PROCESS The STEM Extension is authorized by U.S. Citizenship and Immigration Service (USCIS), not by the University. You will work with an international student advisor to prepare an application packet, which will be sent to USCIS for adjudication. You need to contact the Office of International Programs to set up a STEM advising appointment with an international student advisor. This appointment is similar to the one you had when preparing to apply for the initial OPT period. The international student advisor must recommend the STEM Extension by issuing a new I-20 showing that the STEM Extension has been requested on your SEVIS record; this new I-20 will be provided to you during your advising appointment. If you no longer live in the Southfield area, you can scan and your documents to international@ltu.edu. An advisor will review everything and notify you via of any corrections or missing items. The I-20 showing the STEM Extension request will then be mailed to your home address. The earliest you can apply for the STEM Extension is 90 days prior to the end of your initial OPT period. Therefore, you should contact the Office of International Programs approximately 3 months before your initial OPT period ends. The STEM Extension application must be received by USCIS and issued a receipt from their system BEFORE the end of your initial OPT period. If you contact the Office of International Programs shortly before the end of your initial OPT period, you may not have enough time to meet with an advisor and prepare the application packet so that it will be processed into USCIS system before the OPT end date.

3 OPT STEM GUIDE, page 3 APPLICATION PROCESS (continued) 1. Complete the required forms and gather the supporting documents. The OPT STEM Guide includes 3 forms that must be completed and has a checklist of all the required supporting documents. Please complete the forms and gather your documents before scheduling your appointment. 2. Contact the Office of International Programs to make a STEM advising appointment. If you are in the Southfield area, you must schedule an appointment for STEM advising; STEM advising is not done on a walk-in basis. Be sure to note your appointment date and time. Students who no longer live in the area can scan and all of their documents to international@ltu.edu. 3. Meet the international student advisor for your STEM advising appointment. Please arrive on-time for your appointment and come to the appointment fully prepared. If you are very late for your appointment, or if you do not have all of the completed forms and documents, the international student advisor reserves the right to reschedule your appointment for a later date. Students who no longer live in the area can scan and all of their documents to international@ltu.edu. 4. Take your completed packet from your appointment and send it to USCIS for processing. If you followed all of these steps, you should have a completed STEM application packet. Send it to USCIS, and wait for a response. Inform the Office of International Programs when you receive your receipt by submitting a copy of the document. If you receive any other correspondence from USCIS, contact the Office of International Programs for further information. It will take approximately 90 days for USCIS to process your application and send you an approval notice and your EAD (Employment Authorization Document) card. REPORTING REQUIREMENTS Your employer & you must complete the I-983 Training plan and turn it in to the Office of International Programs. The Office of International Programs must be notified of any major changes to this plan. You must provide a copy of your I-797C Notice of Receipt to the Office of International Programs, upon receipt from USCIS. You must provide a copy of your EAD (Employment Authorization Document), also called the OPT card, upon receipt from USCIS. Use LTU s OPT Information Update form (available on-line at to report the following information to the University while you are on OPT: o Current residential address o Current employment status (employed, unemployed, etc.) o Employer name o Employer address if your employer has multiple locations, use the address where you usually work o Employer EIN Number this is different than their E-verify number & can be obtained from HR o Number of hours per week o Supervisor s name, phone number & address o How your position pertains to your LTU degree You are required by law to report this information at the start of your OPT period, 6 months later, and within 10 days of changes to any of the information listed above. Failure to provide these documents and updates may result in the termination of your F-1 status.

4 OPT STEM EXTENSION CHECKLIST Office of International Programs West Ten Mile Road Southfield, MI Phone: Fax: You must have all required documents completed when you come for your OPT appointment or you may have to reschedule. Make sure all copies are clear and all information on the original document can be read on the copy. Be careful when writing dates and make sure to use the U.S. format: mm/dd/yyyy (2-digit Month/2-digit Date/4-digit Year) DO NOT STAPLE ANY ITEMS TOGETHER. THIS WILL FACILITATE THE PROCESS OF MAKING COPIES. Completed OPT Information Update Form o This is an internal LTU form that is required by the school - o We must have your current employment information in order to issue your STEM I-20. Completed form I-765, Application for Employment Authorization o YOU MUST DOWNLOAD THIS FORM FROM THE USCIS WEBSITE This will ensure that you have the current edition of the form. It is a fillable PDF, so please fill it out, then the PDF to international@ltu.edu prior to your appointment. o This is the government s form that is required by U.S. Citizenship and Immigration Services (USCIS). o Write your name in the appropriate box using all uppercase letters for you family name only. o Use the address where you currently reside. DO NOT use an address where you plan to live in the future. If you move during the application process, please let us know during your appointment so we can advise you how to update it. Canadian addresses are not accepted. o Mark YES to having a SSN number. You MUST put your SSN on the application. o You do not have an alien number, or USCIS number, or a travel document number. o Eligibility Category for the STEM extension should be completed as (c) (3) (C). o You must complete the (c)(3)(c) Eligibility Category question. You will need to get the E-Verify information from your employer. The E-verify number should be 4-7 digits with no dashes. This is not the same as the EIN number. o (c)(26) and (c)(35) and (c)(36) Eligibility Category questions do not apply to F-1 status. Leave them both blank. o DO NOT PRINT THIS FORM. Please an electronic PDF to the advisor you are meeting with for revisions. Completed I-983 Training Plan, with all attestations and supporting documents. This must be completed with your employer. The Office of International Programs should receive a copy & be notified of any changes to the plan. The I-983 does not get sent to USCIS with your application. Color copy of front and back of your current EAD card. Proof of your degree. You may submit a copy of your diploma or an official transcript that shows the degree was awarded. $410 application fee. o The fee may be paid by check or money order OR use Form G-1450 from USCIS to submit a credit card payment o The check or money order must be made payable to the U.S. Department of Homeland Security. Use the full name; no abbreviations other than U.S. Two color photos of you, taken according to U.S. passport specifications. o U.S. passports specifications can be found online - o Photos must be current. DO NOT USE OLD PHOTOS IT WILL DELAY THE APPROVAL PROCESS. o Write your name and admission number from your I-94 arrival/departure record on the back of both photos. Copies of all prior I-20 forms, even those issued by other schools. For the older I-20 format, copy pages 1 & 3 only; for the newer I-20 format, copy pages 1 & 2 only. For either format, you do not need to copy the page with the regulations. Color copies of your passport page(s) showing biographical and validity information. This is the page with your photo on it. Color copies of your U.S. visa page(s) from your passport. Copy of your I-94 form. o For electronic I-94 records, print your I-94 using the online form at o If you were issued an I-94 card upon entry to the U.S., make a color copy of the front and back of your I-94. Copy of new I-20 showing OPT STEM request on page 2. THIS WILL BE ISSUED DURING THE APPOINTMENT. Send the application packet to: USCIS, P.O. Box 21281, Phoenix, AZ If you are residing in another state at the time of application, you may need to send your application to a different address. Please notify the international student advisor if you are not residing in Michigan. USCIS must receive your application within 60 days of issuance of the OPT STEM I-20, or it may be denied. You are responsible for mailing your application packet to the USCIS Service Center. We strongly recommend using a service that has delivery confirmation. Send your package through the U.S. Postal Service, as they are the only service that will deliver to a P.O. Box. If you want to use FedEx, UPS or other courier services, ask the International Advisor for instructions.

5 I-983 Helpful Instructions Office of International Programs West Ten Mile Road C405 Southfield, MI Phone: Fax: An F1 student must submit a completed I-983 training plan to LTU in order to apply for the OPT STEM Extension. The I-983 can be downloaded from USCIS website: Below are some helpful hints when completing the I-983 form. More detailed instructions are available online at Digital signatures are not accepted, this form must be signed by hand on all parts requiring a signature. Section 1: Student Information o Name of School Recommending STEM OPT: Lawrence Technological University. o Name of School where STEM Degree was Earned: Lawrence Technology University, unless your STEM application is based on a prior US degree. See advisor for more information if you think this scenario applies to you. o SEVIS School Code of School Recommending STEM OPT: DET214F o Designated School Official Name & Contact Information: Leave this blank until you know which International Advisor you are meeting with, then you can fill out her name & info. o Student SEVIS ID No: Located on the top of your I-20 in the upper left corner. o STEM OPT Requested period: 24 month period, beginning the day after your current OPT ends. o Qualifying Major & Classification of Instructional Programs (CIP) code: Major 1 & code listed on your I-20 under Program of Study Information. o Level/Type of Qualifying Degree: Undergraduate or Graduate. o Date Awarded: Date printed on your diploma. o Based on Prior Degree: No, unless your STEM application is based on a prior US degree. See advisor for more information if you think this scenario applies to you. o Employment Authorization Number: USCIS number as printed on your EAD card. Section 2: Student Certification o Student must read & sign stating confirmation of their requirements while on OPT STEM. Section 3: Employer Information o Student should NOT complete any of this portion. The entire section must be completed by the employer. Section 4: Employer Certification o This section must be signed by someone who is an appropriate individual in the employer s organization, who is familiar with the student s goals and performance, and who is an employee who has signatory authority for the employer should review the certification and affirm the statement by signature. Section 5: Training Plan for STEM OPT Students o This section should be completed by both the employer & student. Section 6: Employer Official Certification o Employer must read & sign verifying confirmation of their requirements while employing an individual on OPT STEM. Evaluation of Student Progress o This should NOT be completed for the STEM application. o This section is to be completed 12 months into the STEM period. o This section should be submitted to LTU once completed. Final Evaluation of Student Progress o This should NOT be completed for the STEM application. o This section is to be completed at the completion of the student s STEM period. o This section should be submitted to LTU once completed within 10 days of leaving an employer. If you have specific questions pertaining to your OPT STEM application, please international@ltu.edu for assistance.

6 DEPARTMENT OF HOMELAND SECURITY U.S. Immigration and Customs Enforcement OMB APPROVAL NO EXPIRATION DATE: TRAINING PLAN FOR STEM OPT STUDENTS Science, Technology, Engineering & Mathematics (STEM) Optional Practical Training (OPT) Student Name (Surname/Primary Name, Given Name): SECTION 1: STUDENT INFORMATION (Completed by Student) Student Address: Name of School Recommending STEM OPT: Lawrence Technological University Name of School Where STEM Degree Was Earned: Lawrence Technological University SEVIS School Code of School Recommending STEM OPT (including 3- digit suffix): DET214F Designated School Official (DSO) Name and Contact Information: Student SEVIS ID No.: STEM OPT Requested Period (mm-dd-yyyy): International Student Advisor/DSO , Qualifying Major and Classification of Instructional Programs (CIP) Code: Level/Type of Qualifying Degree: Date Awarded (mm-dd-yyyy): Based on Prior Degree? Yes No Employment Authorization Number: x From: To: SECTION 2: STUDENT CERTIFICATION I declare and affirm under penalty of perjury that the statements and information made herein are true and correct to the best of my knowledge, information and belief. I understand that the law provides severe penalties for knowingly and willfully falsifying or concealing a material fact, or using any false document in the submission of this form. I certify that: 1. I have reviewed,understand,and will adhere to this Training Plan for STEM OPT Students ( Plan ); 2. I will notify the DSO at the earliest available opportunity if I believe that my employer is not providing me with appropriate training as delineated on this Plan; 3. I understand that the Department of Homeland Security (DHS) may deny, revoke, or terminate the STEM OPT of students whom DHS determines are not engaging in OPT in compliance with the law, including the STEM OPT of students who are not, or whose employers are not, complying with this Plan; 4. My practical training opportunity is directly related to the STEM degree that qualifies me for the STEM OPT extension; and 5. I will notify the DSO at the earliest available opportunity regarding any material changes to or deviations from this Plan, including but not limited to, any change of Employer Identification Number resulting from a corporate restructuring, any nontrivial reduction in compensation from the amount previously submitted on the Plan that is not tied to a reduction in hours worked, any significant decrease in hours per week that I engage in a STEM training opportunity, and any decrease in hours below the 20-hours-per-week minimum required under this rule. Signature of Student: Printed Name of Student: ICE Form I-983 (7/16) Page 1 of 5

7 SECTION 3: EMPLOYER INFORMATION (Completed by Employer) Employer Name: Street Address: Suite: Employer Website URL: City: State: ZIP Code: Employer ID Number (EIN): Number of Full-Time Employees in U.S.: North American Industry Classification System (NAICS) Code: OPT Hours Per Week (must be at least 20 hours/week): Start Date of Employment (mm-dd-yyyy): Compensation: A. Salary Amount and Frequency: B. Other Compensation (Type and Estimated Amount or Value): SECTION 4: EMPLOYER CERTIFICATION I declare and affirm under penalty of perjury that the statements and information made herein are true and correct to the best of my knowledge, information and belief. I understand that the law provides severe penalties for knowingly and willfully falsifying or concealing a material fact, or using any false document in the submission of this form. I certify on behalf of the employer that this Training Plan for STEM OPT Students ( Plan ) is approved and that: 1. I have reviewed and understand this Plan, and I will ensure that the supervising Official follows this Plan; 2. I will notify the DSO at the earliest available opportunity regarding any material changes to this Plan, including but not limited to, any change of Employer Identification Number resulting from a corporate restructuring, any reduction in compensation from the amount previously submitted on the Plan that is not tied to a reduction in hours worked, any significant decrease in hours per week that a student engages in a STEM training opportunity, and any decrease in hours below the 20-hours-per-week minimum required under this rule; 3. Within five business days of the termination or departure of the student during the authorized period of OPT, I will report such termination or departure to the DSO (Note: business days do not include federal holidays or weekend days; and an employer shall consider a student to have departed when the employer knows the student has left the practical training opportunity, or when the student has not reported for practical training for a period of five consecutive business days without the consent of the employer); and 4. I will adhere to all applicable regulatory provisions that govern this program (see 8 CFR Part 214), which include, but are not limited to, the following: a. The student s practical training opportunity is directly related to the STEM degree that qualifies the student for the STEM OPT extension, and the position offered to the student achieves the objectives of his or her participation in this training program; b. The student will receive on-site supervision and training, consistent with this Plan, by experienced and knowledgeable staff; c. The employer has sufficient resources and personnel to provide the specified training program set forth in this Plan, and the employer is prepared to implement that program, including at the location(s) identified in this Plan; d. The student on a STEM OPT extension will not replace a full- or part-time, temporary or permanent U.S. worker. The terms and conditions of the STEM practical training opportunity including duties, hours, and compensation are commensurate with the terms and conditions applicable to the employer s similarly situated U.S. workers or, if the employer does not employ and has not recently employed more than two similarly situated U.S. workers in the area of employment, the terms and conditions of other similarly situated U.S. workers in the area of employment; and e. The training conducted pursuant to this Plan complies with all applicable Federal and State requirements relating to employment. Note: DHS may, at its discretion, conduct a site visit of the employer to ensure that program requirements are being met, including that the employer possesses and maintains the ability and resources to provide structured and guided work-based learning experiences consistent with this Plan. Signature of Employer Official with Signatory Authority: Printed Name and Title of Employer Official with Signatory Authority: Printed Name of Employing Organization: ICE Form I-983 (7/16) Page 2 of 5

8 SECTION 5: TRAINING PLAN FOR STEM OPT STUDENTS (Completed by Student and Employer) Student Name (Surname/Primary Name, Given Name): Employer Name: Site Name: EMPLOYER SITE INFORMATION Site Address (Street, City, State, ZIP): Name of Official: Official's Title: Official's Official's Phone Number: Note: for the remaining fields in this section, employers who already have an internal/pre-existing training plan in place may fill in the details based on that plan. Student Role: Describe the student's role with the employer and how that role is directly related to enhancing the student's knowledge obtained through his or her qualifying STEM degree. Goals and Objectives: Describe how the assignment(s) with the employer will help the student achieve his or her specific objectives for work-based learning related to his or her STEM degree. The description must both specify the student's goals regarding specific knowledge, skills, or techniques as well as the means by which they will be achieved. Employer Oversight: Explain how the employer provides oversight and supervision of individuals filling positions such as that being filled by the named F-1 student. If the employer has a training program or related policy in place that controls such oversight and supervision, please describe. Measures and Assessments: Explain how the employer measures and confirms whether individuals filling positions such as that being filled by the named F-1 student are acquiring new knowledge and skills. If the employer has a training program or related policy in place that controls such measures and assessments, please describe. ICE Form I-983 (7/16) Page 3 of 5

9 Additional Remarks (optional): Provide additional information pertinent to the Plan. SECTION 6: EMPLOYER OFFICIAL CERTIFICATION I declare and affirm under penalty of perjury that the statements and information made herein are true and correct to the best of my knowledge, information and belief. I understand that the law provides severe penalties for knowingly and willfully falsifying or concealing a material fact, or using any false document in the submission of this form. Employer Official with Signatory Authority - I certify that: 1. I have reviewed, understand, and will follow this Training Plan for STEM OPT Students (Plan); 2. I will conduct the required periodic evaluations of the student;* 3. I will adhere to all applicable regulatory provisions that govern this program (see 8 CFR Part 214.2(f)(10)(ii)); and 4. I will notify the DSO regarding any material changes to or material deviations from this Plan at the earliest available opportunity, including if I believe the student is not receiving appropriate training as delineated in this Plan. Signature of Employer Official with Signatory Authority: Printed Name and Title of Employer Official with Signatory Authority: PRIVACY ACT STATEMENT AUTHORITIES: Section 101(a)(15)(F) of the Immigration and Nationality Act of 1952, as amended (INA), 8 U.S.C. 1101(a)(15)(F), Section 641 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), Pub. L , Div. C, 110 Stat (codified at 8 U.S.C. 1372), Section 502 of the Enhanced Border Security and Visa Entry Reform Act of 2002, Pub. L , 116 Stat. 543 (codified at 8 U.S.C. 1762) and Homeland Security Presidential Directive No. 2 (HSPD-2), authorize U.S. Immigration and Customs Enforcement (ICE) to collect the information requested in this form. PURPOSE: The information collection on this form is used to assist in the administration of the STEM Optional Practical Training (OPT) extension so that Designated School Officials (DSO) can properly recommend the Student for and review and help coordinate his or her STEM optional practical training opportunity. ROUTINE USES: The information collected on this form may be shared with: the individuals who signed the Plan, relevant DSOs acting as liaisons with the DHS, Federal, State, local, or foreign government entities for law enforcement purposes, Members of Congress in response to requests on the Student s behalf, or as otherwise authorized pursuant to its published Privacy Act system of records notice - Privacy Act of 1974: U.S. Immigration and Customs Enforcement, DHS/ICE-001 Student and Exchange Visitor Information System (SEVIS) System of Records ( DISCLOSURE: The information you provide is voluntary. However, failure to provide the information requested on this form may delay or prevent participation in a STEM OPT opportunity. PAPERWORK REDUCTION ACT The public reporting burden for this collection of information is estimated to average 7.5 hours per response, including time required for searching existing data sources, gathering the necessary documentation, providing the information and/or documents required, and reviewing the final collection. You do not have to supply this information unless this collection displays a currently valid Office of Management and Budget (OMB) control number. If you have comments on the accuracy of this burden estimate and/or recommendations for reducing it, send them to: U.S.Immigration and Customs Enforcement, Office of Policy, th Street SW, Washington, D.C *See evaluation forms that follow for student s first evaluation, to occur before the one year anniversary of the start date of the student s STEM OPT employment authorization, and final program evaluation. ICE Form I-983 (7/16) Page 4 of 5

10 EVALUATION ON STUDENT PROGRESS Provide a self-evaluation of your performance, using the measures previously identified, in applying and acquiring new knowledge, skills, and competencies identified in the Training Plan for STEM OPT Students. Discuss accomplishments, successful projects, overall contributions, etc., during this review period. Address whether there are any modifications to the objectives and goals for projects, or new areas for skill and competency development. Range of Evaluation Dates: From (mm-dd-yyyy): To (mm-dd-yyyy): Signature of Student: Printed Name of Student: Signature of Employer Official with Signatory Authority: Printed Name of Employer Official with Signatory Authority: FINAL EVALUATION ON STUDENT PROGRESS Provide a self-evaluation of your performance, using the measures previously identified, in applying and acquiring new knowledge, skills, and competencies identified in the Training Plan for STEM OPT Students. Discuss accomplishments, successful projects, overall contributions, etc., during this review period. Address whether there are any modifications to the objectives and goals for projects, or new areas for skill and competency development. Range of Evaluation Dates: From (mm-dd-yyyy): To (mm-dd-yyyy): Signature of Student: Printed Name of Student: Signature of Employer Official with Signatory Authority: Printed Name of Employer Official with Signatory Authority: ICE Form I-983 (7/16) Page 5 of 5