Great News: 24 months Final Rule of Stem OPT Finally Out!

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• published: 09 Mar 2016
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http://peerallylaw.com Analysis of the New OPT STEM extension final rule! An analysis by Attorney Shah Peerally Time of Accreditation. For a STEM OPT extension based on a previously obtained STEM degree, the student must have obtained that degree from an educational institution that is accredited at the time of the student’s application for the extension. SEVP Certification Required for Prior Degrees. For a STEM OPT extension based on a previously obtained STEM degree, the degree also must have been issued by an educational institution that is SEVP-certified at the time of application for the extension. Overseas campuses of U.S. educational institutions are not eligible for SEVP certification. Site Visit Notifications. DHS will provide notice to the employer 48 hours before any site visit unless a complaint or other evidence of noncompliance with the STEM OPT extension regulations triggers the visit, in which case DHS may conduct the visit without notice. Focus on Training. DHS has modified the proposed rule’s Mentoring and Training Plan to increase the focus on training. The information collection instrument for this plan is now titled Form I-983, Training Plan for STEM OPT Students. Existing Employer Training Programs. This rule streamlines and clarifies the regulatory text and Training Plan for STEM OPT Students to clarify that employers may use existing training programs to satisfy certain regulatory requirements for evaluating the progress of STEM OPT students. Employer Attestation. The rule revises the employer attestation to require that the employer attest that the student will not replace a full- or part-time, temporary or permanent U.S. worker. Evaluation of Student Progress. The rule revises the evaluation requirement to require that the student and an appropriate individual in the employer’s organization sign the evaluation on an annual basis, with a mid-point evaluation during the first 12-month interval and a final evaluation completed prior to the conclusion of the STEM OPT Information provided are for educational purposes only. You should not act or refrain to act solely on the information provided. No attorney-client relationship is created by this video. Attorney reserves the right to refuse the case. If you have any questions, feel free to call (510) 742 5887 Information provided are for educational purposes only. You should not act or refrain to act solely on the information provided. No attorney-client relationship is created by this video. Attorney reserves the right to refuse the case. If you have any questions, feel free to call (510) 742 5887