USCIS updates guidance for international students, including OPT and residency

In a statement released at the end of December, USCIS said it was issuing policy guidance regarding F and M student classifications, including the agency’s role in adjudicating applications for employment authorization, change of status, extension of stay, and reinstatement of status for students and dependents.

The organization said, “USCIS expects that this will provide welcome clarity to international students and U.S. educational institutions on a wealth of topics, including eligibility requirements, school transfers, practical training, and on- and off-campus employment.”

OPT STEM work: F-1 visa students seeking an extension of optional practical training (OPT) post-study work in the STEM fields may now be employed by startup companies, as long as the employer adheres to the training plan requirements, remains “in good standing with E-Verify” and provides a salary commensurate with similarly situated US workers.

The clarification is expected to increase post-study work opportunities for international graduates in STEM fields.

All international students can claim 12 months of OPT in a field related to their course of study, but STEM students can extend for an additional 24 months.

In the 2022/23 academic year, 198,793 international students were engaged in OPT, during which they remain registered with their institution. The range of study programs eligible for the STEM extension has been expanded twice in the last two years.

Research released in 2022 by the National Foundation for American Policy think-tank showed that one quarter of the billion-dollar startups in the USA were established by former international students.

Residency: The guidance also clarifies that F and M students must have a foreign residence that they do not intend to abandon, “but that such students may be the beneficiary of a permanent labour certification application or immigrant visa petition and may still be able to demonstrate their intention to depart after a temporary period of stay”.

International students are not eligible for ‘dual intent’ at the time of their initial student visa application, meaning they have to demonstrate their intention to depart the USA.

This can cause issues for students who apply for a green card and need to extend their student status while application is pending, an issue that should be addressed by the latest USCIS policy change.