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最新消息:部分OPT延长到29个月!(更新版)
作者:谢正权律师     发文时间: 2008年04月04日 13:08:56

学科学,技术,工程和数学方面的F-1外籍学生的OPT将延长到29个月! 请看下列新
闻:

WASHINGTON─ The U.S. Department of Homeland Security released today an
interim final rule extending the period of Optional Practical Training (OPT)
from 12 to 29 months for qualified F-1 non-immigrant students. The
extension will be available to F-1 students with a degree in science,
technology, engineering, or mathematics who are employed by businesses
enrolled in the E-Verify program.

条件要求:To be eligible for an OPT extension, an F-1 non-immigrant student
must:

1. Currently be participating in a 12-month period of approved post-
completion OPT;

2. Have successfully completed a degree in science, engineering, technology,
or mathematics (STEM) included in the DHS STEM Designated Degree Program
List from a college or university certified by the U.S. Immigration and
Customs Enforcement’s Student and Exchange Visitor Program; More specifically, to be eligible for the 17-month OPT extension, a student must have received a STEM degree in one of the following:

* Actuarial Science.
Computer Science Applications.
* Engineering.
* Engineering Technologies.
* Life Sciences.
* Mathematics.
* Military Technologies.
* Physical Sciences.

3. Be working for a U.S. employer in a job directly related to the student’
s major area of study;

4. Be working for, or accepted employment with, an employer enrolled in
U.S. Citizenship and Immigration Services’ E-Verify program. E-Verify is
a free, internet-based system operated in partnership with the Social
Security Administration that helps employers to determine the employment
eligibility of newly-hired employees; and

5. Properly maintain F-1 status.

如何申请:F-1 students in STEM (Science, Technology, Engineering, Mathematics) fields and granted initial post-completion OPT are now eligible to apply for a one-time extension for 17 additional months, a maximum of 29 months.

1。STEM students need to file form I-765. The form is being amended to
capture information needed to determine student eligibility.

2。 F-1 students file timely (at least 90 days prior) for a STEM extension
may continue employment while the application is pending until a final decision
from USCIS, or 180 days,whichever comes first.

Approved extensions allow for students to remain working for the
STEM employer on the new EAD. If denied, the student must make preparations
to depart or transfer to another school to continue studying.

These F-1 students who do need a lawyer to prepare and file the OPT extension application can contact help@xielaw.com.

"This rule will enable businesses to attract and retain highly skilled
foreign workers,giving U.S. companies a competitive advantage in the world
economy," said Homeland Security Secretary Michael Chertoff. ”By extending
the training period by an additional 17 months to students who are employed
by businesses enrolled in E-Verify, we are further ensuring a legal
workforce in the U.S. and aiding good corporate citizens."

Another aspect of the rule responds to the situation in which an F-1 student’
s status and work authorization expires before he or she can begin
employment under the H-1B visa program. The interim final rule addresses
this problem by automatically extending the period of stay and work
authorization for all F-1 students with pending H-1B petitions.

The rule will also implement certain programmatic changes, including
allowing students to apply for OPT within 60 days of graduation.


上述介绍是谢正权律师为华人社区宣传介绍法律信息而作, 多半为学术探讨性质,
并非对个案的法律意见。 如有自己的律师的,请咨询自己的律师,因为他/她清楚
你的案件。 凡是谢律师事务所的客人或还没有聘请自己的律师的读者,如有具体问
题,请咨询谢律师。如需转载,请勿删剪,并请注明出处。电子信箱: help@xielaw.
com 电话:(678)380-0698。 地址:1770 Indian Trail Lilburn Road, Suite 450,
Norcross(Atlanta), Georgia 30093. 网址:www.xielaw.com




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