CPT is alternative work-study, cooperative education, or any other type of required internship or practicum that is offered by sponsoring employers through cooperative agreements with the school.[5] No application to USCIS for employment authorization or an Employment Authorization Document (EAD) is required, but the student must request authorization for CPT from the student’s Designated School Official (DSO). The CPT must be an integral part of an established curriculum.To participate in CPT, students must:

• Have completed one full academic year and be lawfully enrolled on a full-time basis at an approved ICE SEVP-certified school;
• Be enrolled in a full course of study;
• Obtain their DSO’s endorsement on their Form I-20 and not begin CPT before the CPT start date indicated on the form;
• Participate in an alternative work/study, internship, cooperative education or any other type of required internship or practicum that is offered by sponsoring employers through cooperative agreements with the students’ respective schools;
• Not be English language training students.

OPT can be authorized either prior to completion of the degree program (pre-completion OPT) or following the completion of the degree program (post-completion OPT). Pre-completion OPT can be completed while school is in session, provided that the training does not exceed 20 hours a week while school is in session. During the student’s annual vacation and at other times when school is not in session, OPT can exceed 20 hours per week if the student is currently enrolled, is eligible for registration, and intends to register for the next term or session.A student may be authorized for 12 months of OPT and would become eligible for another 12 months of practical training if the student were to change to a higher educational level. An F-1 student who has completed an authorized period of post-completion OPT may remain in F-1 status for 60 days beyond the EAD expiration date. This is commonly known as a grace period, during which the F-1 student may contact their DSO to change their education level, transfer to another SEVP-certified school, or file an application or petition with USCIS to change to another nonimmigrant or immigrant status.

1. Pre-Completion OPT

   A student enrolled at an ICE SEVP-certified college, university, conservatory, or seminary may apply to USCIS for authorization for pre-completion OPT by properly filing an Application for Employment Authorization after obtaining the DSO’s recommendation. The student may not begin pre-completion OPT until the date indicated on the student’s EAD. A student may submit a Form I-765 to engage in pre-completion OPT up to 90 days prior to being enrolled for one full academic year, provided that the period of employment will not begin until after the completion of the full academic year as indicated by the DSO. Students need an EAD for each period of pre-completion OPT.

   Eligibility

   Students must:

   • Obtain the DSO’s recommendation and have their DSO’s recommendation entered into the student’s SEVIS record and annotated on their Form I-20;
   • Be enrolled, on a full-time basis, at an ICE SEVP-certified college, university, conservatory, or seminary;
   • Have completed one full-time academic year or be within 90 days of completing one full academic year at the time of filing Form I-765;
   • Properly file a Form I-765 with USCIS and receive a valid EAD;
   • Not be an English language training student; and
   • Maintain a full course of study.

   Time Limitations on Pre-Completion OPT

   Pre-completion OPT is incremental and cumulative, up to 12 months. It may be granted over the course of the degree program and must take place before the program end date. Any time used for pre-completion OPT impacts the amount of post-completion OPT that USCIS may authorize.

2. Post-Completion OPT

   To be eligible to apply to USCIS for post-completion OPT, a student must:

   • Have completed a course of study or be in an associate’s, bachelor’s, master’s, or doctoral degree program and have completed all course requirements for the degree (excluding thesis or equivalent);
   • Not be an English language training student;
   • Obtain the DSO’s recommendation and have the DSO’s recommendation entered into the student’s SEVIS record and annotated on their Form I-20;
   • Properly file a Form I-765 and receive a valid EAD; and
   • Not have completed 1 year or more of full-time CPT.

   A student may work as a volunteer or unpaid intern, as long as this practice does not violate any labor laws, and the employment is related to the program of study. The student must work at least 20 hours per week.

   Time Limitations on Post-Completion OPT

   Post-completion OPT begins on the date USCIS adjudicates the employment authorization request or the date the DSO requests, whichever is later. A student may not request a start date that is more than 60 days after the student’s program end date. A student must complete all practical training within a 14-month period following the completion of study.

   An F-1 student may be authorized up to 12 months of practical training, and becomes eligible for another 12 months of practical training when they change to a higher educational level. If an F-1 student applies for post-completion OPT at the same educational level in which the student had pre-completion OPT, the amount of time approved for pre-completion OPT is deducted from the post-completion OPT authorized period.

   Overtime and periods of unemployment are not taken into consideration when calculating the amount of OPT used. For example, if an F-1 student had already received 1 year of part-time pre-completion OPT during the same degree program, the total remaining OPT time still available would be reduced by 6 months, half of the previously authorized year.

   An F-1 student who has completed an authorized period of post-completion OPT may remain in F-1 status for 60 days beyond the EAD expiration date. During this grace period, an F-1 student may prepare for departure from the United States. The F-1 student and any dependents must depart the United States by the end of the grace period if they do not either change the student’s nonimmigrant status, or transfer to an ICE SEVP-certified school. An F-1 student may not accrue an aggregate of more than 90 days of unemployment during the period of post-completion OPT.

An F-1 student who meets certain qualifications may qualify for a 24-month STEM OPT extension. An F-1 student approved for STEM OPT may not accrue an aggregate of more than 150 days of unemployment during a total OPT period. This includes the post-completion OPT period and subsequent 24-month STEM OPT extension period. F-1 students with a bachelor’s degree, master’s degree, or doctorate degree in a field with a Department of Education’s Classification of Instructional Programs (CIP) code that appears on the DHS STEM Designated Degree Program List (PDF) may apply to USCIS for authorization for a 24-month OPT extension (STEM OPT) by properly filing a Form I-765, after obtaining the DSO’s recommendation.

This 24-month extension can only be granted once per qualifying degree. If the F-1 student does not fully use the extension, they are ineligible for any subsequent STEM extension.

F-1 students may submit a properly filed Form I-765 up to 90 days before the expiration of the F-1 student’s current post-completion OPT EAD and no more than 30 days after their DSO enters the STEM OPT recommendation into SEVIS.

Students who have timely and properly filed a Form I-765 for the 24-month OPT extension may continue working until the date of the USCIS written decision on the current Form I-765 or for up to 180 days after their current post-completion OPT expires, whichever is earlier.

If USCIS approves the application, the F-1 student may continue working in accordance with the terms and conditions of the new EAD. If the extension is denied, employment authorization is immediately terminated and the F-1 student’s status ends in 60 days from the date of denial. However, if the application was denied because the student failed to maintain their F-1 status, they must immediately depart the United States.

Eligibility Requirements - Student

To be eligible for a STEM OPT extension, an F-1 student must:

• Have been granted OPT and currently be in a valid period of post-completion OPT;
• Have earned a bachelor’s, master’s, or doctoral degree from a school that is accredited by a U.S. Department of Education-recognized accrediting agency and is certified by ICE SEVP when the student submits the STEM OPT extension application;
• Not be in a multiple employer arrangement, or employed by a sole proprietorship, through a temp agency, through a consulting firm arrangement that provides labor for hire, or other similar relationships, if such arrangements are not bona-fide employer-employee relationships;
• Be employed for no less than 20 hours per week by each qualifying STEM OPT employer; and
• Complete an individualized Training Plan for STEM OPT Students (Form I-983) which identifies goals for the STEM practical training opportunity, including specific knowledge, skills, or techniques that will be imparted to the F-1 student; explains how those goals will be achieved through the work-based learning opportunity with the employer; describes a performance evaluation process; and describes methods of oversight and supervision. The Form I-983 must explain how the training is directly related to the student’s qualifying STEM degree.

Before the student’s DSO at the educational institution of the student’s most recent enrollment may recommend a 24-month OPT extension, the student must follow Form I-983 instructions, have an appropriate individual in the employer's organization sign the form, and submit Form I-983 to the DSO.

Previously Obtained STEM Degrees

To be eligible for a STEM OPT extension based on a previously earned degree, the following requirements at 8 CFR 214.2(f)(10)(ii)(C)(3) and (4) must be met:

• The prior degree must be from a U.S. educational institution that is accredited by a Department of Education-recognized accrediting agency and SEVP-certified at the time of the DSO recommendation;
• The prior degree must be on the DHS STEM Designated Degree List at the time of the DSO recommendation;
• The prior degree must have been conferred within the 10 years preceding the DSO recommendation;
• The prior degree must be directly related to the practical training opportunity; and
• The student may not have previously received a STEM OPT extension based on the prior degree.

For example, if the student is currently participating in OPT based on completion of a non-STEM master’s degree, but previously received a bachelor’s degree in a field that appears on the DHS STEM Designated Degree Program List at the time of the DSO recommendation, the student may be able to apply for a STEM OPT extension based on the bachelor’s degree as long as it is from an accredited U.S. college or university and the OPT employment opportunity is directly related to the bachelor’s STEM degree.

Future STEM Degrees

If, in the future, an F-1 student enrolls in a new academic program and earns another qualifying STEM degree at a higher educational level, the student may be eligible for one additional 24-month STEM OPT extension, for a total of two lifetime STEM OPT extensions.

For example, if the student receives a 24-month STEM OPT extension based on a qualifying bachelor’s degree and the student later earns a qualifying STEM master’s degree, the student may apply for an additional 24-month STEM OPT extension based on the qualifying master’s degree.

Eligibility Requirements-Employer

An employer who wants to provide a practical training opportunity to a STEM OPT F-1 student during the student’s extension must:

• Be enrolled in E-Verify, as evidenced by either a valid E-Verify company identification number or, if the employer is using an employer agent to create its E-Verify cases, a valid E-Verify client company identification number;
• Remain a participant in good standing with E-Verify, as determined by USCIS;
• Have a valid Employer Identification Number issued by the Internal Revenue Service for tax purposes;
• Report material changes of the F-1 student’s employment by submitting a modified Form I-983 to the DSO at the earliest available opportunity;
• Implement a formal training program to augment the F-1 student’s academic learning through practical experience;
• Provide an OPT opportunity that is commensurate with those of similarly situated U.S. workers in duties, hours, and compensation; and
• If applicable, report the F-1 student’s termination of employment or departure to the DSO within 5 business days.

To ensure the integrity of the program and provide safeguards for U.S. workers, any employer wishing to employ a student participating in the STEM OPT extension program must ensure that:

• The employer will maintain a bona fide employer-employee relationship with the F-1 student;
• The employer has sufficient resources and personnel available to provide appropriate training in connection with the specified opportunity at the location or locations specified in the Form I-983;
• The F-1 student will not replace a full or part-time, temporary, or permanent U.S. worker; and
• The training opportunity will assist the F-1 student in attaining the student’s training goals.

To employ a STEM OPT F-1 student, an employer must have and maintain a bona fide employer-employee relationship with the student. The employer must attest to this fact by signing the Form I-983. The employer that signs the Form I-983 must be the same entity that provides the practical training experience to the student.

To establish a bona fide relationship, the employer may not be the F-1 student’s employer in name only, nor may the F-1 student work for the employer on a volunteer basis. An employer must have sufficient resources and trained or supervisory personnel available to provide appropriate training in connection with the specified training opportunity. These personnel must be located where the F-1 student’s practical training experience will take place, as specified in the Form I-983.

The personnel who may provide and supervise the training experience may be either employees of the employer, or contractors whom the employer has directly retained to provide services to the employer. However, employees or contractors of the employer’s clients or customers may not provide and supervise the training experience of the STEM OPT F-1 student. An F-1 student with OPT or a STEM OPT extension (who is undergoing training in their own right) is never considered qualified to train another F-1 student with a STEM OPT extension.

Employers may rely on their existing training programs or policies to satisfy the performance evaluation, oversight, and supervision requirements, but the F-1 student’s Form I-983 must nevertheless be customized for the individual F-1 student. Every Form I-983 must describe the direct relationship between the STEM OPT opportunity and the F-1 student’s qualifying STEM degree, as well as the relationship between the STEM OPT opportunity and the F-1 student’s goals and objectives for work-based learning.

A STEM OPT employer may not assign, or otherwise delegate its training responsibilities to a non-employer third party (for example, a client or customer of the employer, employees of the client or customer, or contractors of the client or customer).

DHS, at its discretion, may conduct a site visit of any STEM OPT employer to ensure that the employer possesses and maintains the ability, personnel, and resources to provide structured and guided work-based learning experiences consistent with the information provided on Form I-983.

During a site visit, DHS may verify that the employer that signed the Form I-983 is the same entity that is providing the practical training experience to the F-1 student and ensure compliance. For DHS to effectively conduct these site visits as part of its oversight responsibilities, it is important that employers report any change in an F-1 student’s employment address. As indicated above and further explained below,[46] the employer and F-1 student must report such a material change by submitting a modified Form I-983 to the DSO at the earliest available opportunity.

Staffing and temporary agencies and consulting firms may employ F-1 students under the STEM OPT program if they will be the entity that provides the practical training experience to the F-1 student and have and maintain a bona fide employer-employee relationship with the F-1 student. F-1 students may engage in a training experience that takes place at a site other than the employer’s principal place of business as long as all of the training obligations are met, including that the employer has and maintains a bona fide employer-employee relationship with the student.

Certain types of arrangements, including multiple employer arrangements, sole proprietorships, employment through temp agencies, employment through consulting firm arrangements that provide labor for hire, and other similar relationships may not be able to demonstrate a bona fide employer-employee relationship and, therefore, may not meet the requirements of the STEM OPT extension.

F-1 students seeking STEM OPT extensions may be employed by new start-up businesses so long as all regulatory requirements are met, including that the employer adheres to the training plan requirements, remains in good standing with E-Verify, will provide compensation to the STEM OPT student commensurate to that provided to similarly situated U.S. workers, and has the resources to comply with the proposed training plan. For instance, alternative compensation may be allowed during a STEM OPT extension as long as the F-1 student can show that they are a bona fide employee and that their compensation, including any ownership interest in the employer entity (such as stock options), is commensurate with the compensation provided to other similarly situated U.S. workers.

As part of the STEM OPT extension, employers must complete the appropriate parts of Form I-983. In this form, employers attest that:

• They have enough resources and trained personnel available to appropriately train the F-1 student;
• The F-1 student will not replace a full or part-time, temporary, or permanent U.S. worker; and
• Working for them will help the F-1 student attain their training objectives.

DHS reviews on a case-by-case basis whether the F-1 student will be a bona fide employee of the employer signing the training plan and verify that the employer that signs the training plan is the same entity that employs the F-1 student and provides the practical training experience.

Validity Period

If the F-1 student establishes eligibility, DHS grants the STEM OPT 24-month extension for a fixed and uninterrupted period of 24 consecutive months. The STEM OPT extension begins the day after the initial post-completion OPT expires, not on the date of adjudication, and ends 24 months thereafter, regardless of the date the actual extension is approved.[50] Filing during the cap-gap extension does not change the STEM OPT extension start date. STEM OPT is not extended by periods of part-time employment or unemployment. The 14-month limit on completing post-completion OPT does not apply to the STEM OPT extension.

If the Form I-765 for the STEM OPT extension is denied and the student’s post-completion OPT EAD is expired, OPT employment authorization ends on the date of the decision and the student’s F-1 status ends 60 days after the date of denial. If the Form I-765 for the STEM OPT extension is denied and the student’s post-completion OPT EAD is unexpired, the student will remain employment authorized until the expiration date of the EAD.

If the F-1 student’s degree area is changed from a non-STEM degree to a STEM degree during the last semester, the adjudicating officer may, on a case-by-case basis, request evidence to support the basis of the change.

Evaluation Requirement

An F-1 student on a STEM OPT extension must submit a self-evaluation of the student’s progress toward the training goals described in the Form I-983. All required evaluations must be completed prior to the conclusion of a STEM practical training opportunity, and the F-1 student and an appropriate individual in the employer’s organization must sign each evaluation to attest to its accuracy. All STEM practical training opportunities require an initial evaluation within 12 months of the approved starting date on the EAD granted pursuant to the F-1 student’s 24-month OPT extension application, and a concluding evaluation. The F-1 student is responsible for ensuring the DSO receives the F-1 student’s 12-month evaluation and final evaluation no later than 10 days following the conclusion of the reporting period or conclusion of the student’s practical training opportunity, respectively.

Training Plan Modifications

An F-1 student on a STEM OPT extension also must:

• Submit a Form I-983 to the student's DSO within 10 days of beginning a new practical training opportunity with a new employer during the student's 24-month OPT extension and subsequently obtain a new DSO recommendation;
• Sign a modified Form I-983 reflecting any material changes or deviations from the training plan described in the Form I-983; and
• Ensure that that the modified Form I-983 is submitted to the F-1 student’s DSO at the earliest available opportunity.