New US visa rule gives OPT students temporary extension filing exemption
The Department of Homeland Security (DHS) has issued a final rule replacing the 'duration of status' regime for international students with a fixed tenure of stay. The rule includes a temporary exemption for OPT and STEM OPT students, allowing them to file for employment authorization without a separate extension of stay for six months after September 15.
Why it matters
This new visa rule significantly alters the immigration landscape for international students in the US, particularly those on Optional Practical Training (OPT), impacting their ability to work and remain in the country post-graduation.
The final rule issued by the Department of Homeland Security (DHS) which has eliminated the duration of status (D/S) regime, with one which grants a fixed tenure of stay to international students, provides for a transition for those undergoing optional practical training (OPT).DHS clarifies that students in the US who timely filed for post-completion optional practical training (OPT) or science, technology, engineering and mathematics (STEM) OPT on or before six months of the final rule’s effective date do not need to apply for an extension of stay (EOS). The final rule comes into effect from Sept 15.Abhinav Tripathi, immigration attorney told TOI, “For the first six months after the rule takes effect, eligible students may continue using today’s OPT and STEM OPT filing process without first filing a separate Form I-539 to extend F-1 status.
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