🎓 Federal Regulation: 8 CFR § 214.2(f)(10)(ii)(C)
Under the 2016 STEM OPT Final Rule, F-1 students who have received a degree in a Department of Homeland Security (DHS) approved Science, Technology, Engineering, or Math (STEM) field are eligible for a 24-month extension of their 12-month post-completion OPT authorization (total 36 months of US work authorization).
1. STEM OPT Eligibility & DHS STEM Designated Degree Program List
To qualify for the 24-month STEM OPT extension, you must meet four statutory prerequisites:
- Qualifying Degree: Hold a Bachelor’s, Master’s, or Doctoral degree with a Classification of Instructional Programs (CIP) code on the official DHS STEM Designated Degree Program List.
- Active 12-Month OPT: Currently participating in an active period of standard 12-month post-completion OPT.
- E-Verify Employer: Employed by or holding a job offer from an employer enrolled in the federal E-Verify system.
- Bona Fide Training Plan: Complete Form I-983 establishing direct supervisory oversight, professional learning objectives, and competitive compensation.
2. Form I-983 (Training Plan for STEM OPT Students) Walkthrough
Form I-983 must be executed by both the student and the employer's designated supervisor before your Designated School Official (DSO) can issue the STEM OPT Form I-20:
A Section 3: Employer Information & Compensation
Employer must certify EIN, E-Verify company ID number, weekly hours (minimum 20 hours/week), and monetary compensation matching commensurate US workers.
B Section 5: Training Plan for STEM OPT Students
Detail specific technological tools, software frameworks, supervisory review schedules, and measurable professional learning objectives.
C Section 6: Annual Evaluations on Student Progress
Mid-point evaluation (after 12 months of STEM extension) and final evaluation (at the conclusion of the 24 months) must be signed and submitted to the DSO.
3. Employer E-Verify & Wage Attestation Requirements
Under 8 CFR § 214.2(f)(10)(ii)(C)(4), the employer must attest that:
- The student will receive compensation commensurate with terms provided to similarly situated US workers in the same geographic area.
- The company has sufficient resources and trained personnel available to provide appropriate supervision and mentoring.
- The student will not displace any full- or part-time, temporary or permanent US worker.
4. Form I-765 Application Timeline & 180-Day Extension Rule
Strict filing windows govern the submission of your STEM OPT application:
- Filing Window: You may submit Form I-765 to USCIS up to 90 days before your initial 12-month OPT EAD card expires.
- DSO Form I-20 Validity: USCIS must receive your Form I-765 within 60 days of the date the DSO recommends STEM OPT in SEVIS.
- Automatic 180-Day Work Authorization (8 CFR § 274a.12(b)(6)(iv)): If you file your Form I-765 on time (before your initial EAD expires), your work authorization is automatically extended for up to 180 days while USCIS adjudicates your application.
5. Unemployment Days Limits (150 Days) & H-1B Cap-Gap Rules
Maintaining legal F-1 nonimmigrant status requires strict tracking of allowable unemployment limits:
150-Day Cumulative Unemployment
Standard OPT provides 90 days of unemployment. STEM OPT adds 60 days, giving a cumulative total of 150 days of allowed unemployment across the entire 36-month period.
H-1B Cap-Gap Extension
If an employer files an H-1B cap petition with change of status for you while on OPT, 8 CFR § 214.2(f)(5)(vi) automatically extends your F-1 status and work authorization through October 1.
6. Frequently Asked Questions (STEM OPT Extension)
Can I qualify for STEM OPT based on a prior US STEM degree?
Yes. If you are currently completing OPT on a non-STEM master's degree (e.g. MBA) but previously earned a STEM bachelor's degree in the US within the last 10 years from an accredited institution, you can apply for the 24-month extension based on that prior degree.
Can I work remotely on STEM OPT?
Yes. Remote work is permitted as long as the employer maintains genuine supervision and mentoring as documented in Section 5 of Form I-983, and lists your home residence as an official work site.