STEM OPT 24-Month Extension

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STEM OPT 24-Month Extension

Eligible students currently on 12-Month OPT may qualify to apply for a 24-Month STEM OPT Extension to receive an additional 2 years of employment authorization directly related to their STEM degree program. To check if a specific UCB major is STEM eligible, review the Berkeley International Office UCB Major/CIP Code List.

Detailed information for students and employers can also be found on the DHS webpage Study in the States OPT STEM Hub.

UC Berkeley Departments hiring F-1 students on STEM OPT Extension should review the Hiring Students on F-1 OPT webpage. This page contains important informaiton needed for the I-983 training form for UC Berkeley STEM employees.

STAGE 1: KNOW THE STEM OPT EXTENSION BASICS

The STEM OPT Extension is a 24-month extension of approved F-1 12-Month OPT. Eligible students may apply for a 24-Month STEM OPT Extension up to 90 days prior to the expiration of their current OPT EAD.

Eligibility

To be eligible for the STEM OPT Extension OPT:

* For E-filed applications, USCIS uses UTC or Coordinated Universal Time to determine the time/date filed. If you are filing CLOSE to your deadline check the UTC time/date of filing!

Do I need a job to apply for the STEM OPT Extension?

YES! You must be employed or have a future job offer for at least 20 hours per week or more, directly related to your STEM field of study from an employer who is registered in the USCIS E-Verify Program. STEM-eligible employers must have e-Verify & EIN numbers and the student must have a "bona fide employer-employee relationship". To establish a bona fide relationship, the employer may not be the student’s “employer” in name only. Employment must be paid and "commensurate with the terms and conditions of employment for other similarly situated U.S. workers in the area of employment”. Volunteer (unpaid) employment is NOT permitted.

See the Employment/Unemployment section below regarding what types of employment are allowed.

What visa status will I have while waiting for STEM OPT approval? And while I am working on the STEM OPT?

During your pending STEM OPT application and after the STEM OPT approval by USCIS, F-1 students will remain in F-1 status under the I-20 sponsorship of UC Berkeley. The STEM OPT Extension is a benefit of your F-1 status and extends your ability to remain in the United States for the purpose of seeking employment in your STEM field of study. This means that you will continue to use your UC Berkeley STEM OPT I-20 and F-1 documents to travel and you will still need to get fresh travel signatures from BIO (every 6 months). This also means that BIO is still responsible for reporting changes about your status to SEVIS and helping you maintain your F-1 status while you are on OPT.

Do I need a Social Security Number to work in the U.S.?

Yes, you will need a Social Security Number (SSN) for any paid employment in the United States. If you haven’t already received an SSN during your OPT period, you can apply for a replacement SSN as part of your STEM OPT application to USCIS. (Or if you lost your original SSN card, you can apply for a replacement at that time.) You will not receive the SSN card until after your STEM OPT is approved.

STAGE 2: APPLY FOR THE STEM OPT EXTENSION

The application process involves both BIO and United States Citizenship and Immigration Services (USCIS) and can take months. STEM OPT applications must be received in a specific time frame and the application can be rather complex. We require all students to carefully review BIO's STEM OPT tutorial for full details on applying for STEM OPT. Once a student is approved for STEM OPT, they will receive a new Employment Authorization Document (EAD) from USCIS.

When to Apply

The STEM OPT application process involves two major parts. First you must apply to BIO for a STEM OPT recommendation on your I-20. Then you must submit a STEM OPT application, including a signed copy of your STEM OPT I-20, to USCIS. Keep in mind that BIO has a 5-business day processing time for the STEM I-20. (You must submit your STEM I-20 request AT LEAST 2 weeks before your current OPT EAD expires).

* For E-filed applications, USCIS uses UTC or Coordinated Universal Time to determine the time/date filed. If you are filing CLOSE to your deadline check the UTC time/date of filing!

Generally, BIO recommends applying for STEM OPT as early as possible. Applying early increases your chances of being able to reapply if your application is rejected or denied.

How to Apply

Step 1. Check if your UCB major is STEM eligible using the Berkeley International Office UCB Major/CIP Code List OR see the current STEM Designated Degree list linked here. (You can check the CIP code listed on your I-20.)

Step 2. Review the STEM OPT tutorial for a complete overview of the process. for detailed instructions on both the BIO application process and submission to USCIS. Pay careful attention to the tutorial as it contains specific information as to how to complete the I-983. It is required that you view the tutorial prior to applying . Failure to fully review the tutorial may result in application errors and cause OPT denials or violations of F-1 status.

Step 3. Log in to the Student SEVIS Update (SSU) system to submit your STEM application to BIO. (Follow all steps carefully as most processing delays are due to failure to update all new required fields in SSU.) You must:

Step 5. BIO will issue you a new STEM OPT I-20 with a 24-Month Extension recommendation. You will provide your delivery method for the I-20 in your SSU Hub form (email recommended!) Your new I-20 will be ready within 5 business days. Upon receipt of your I-20, please review it closely for accuracy.

Step 6. Submit a 24-Month STEM Extension request to USCIS. (Detailed instructions available in the STEM OPT tutorial)

How do I choose my STEM OPT start date?

You don’t need to choose a start date! Your STEM OPT will be issued with a start date effective the day after your original 12-Month OPT EAD expires. As long as you have submitted a timely filed STEM application to USCIS, you can continue working for up to 180 days after the expiration of your original OPT EAD while you wait for the STEM EAD approval.

Processing Time

BIO I-20 Processing
Processing time for an OPT STEM I-20 from Berkeley International Office is 5 business days. Expedites from BIO are not available.

USCIS Processing Time
Check USCIS’s current OPT and STEM OPT processing times. (link is external) Select Form: “I-765”Form Category: “Based on a request by a qualified F-1 academic student [(c)(3)]” Service Center: “Potomac Service Center”. (Over the years, BIO has observed processing times ranging from 1-5 months, with most processed within 90 days.)

USCIS does offer "Premium Processing" for the OPT and STEM OPT I-765. See below.

USCIS Premium Processing & Expedites

"Premium Processing" is available from USCIS for the form I-765 for OPT and OPT STEM Extensions.

What is premium processing?

How can I request premium processing?

Is it worth it?

Are there any other ways to expedite a USCIS request free of cost?
USCIS almost always denies F-1 student expedite requests for OPT. You can find USCIS expedite criteria here.

What if I made a mistake when filing for STEM OPT with USCIS?

See the OPT STEM tutorial for common STEM denial reasons. Contact BIO as soon as possible regarding the error, and we will see what options are available to you.

What if I applied for STEM OPT and I lost my job, or I am changing employers while the I-765 is pending?

If this is your situation, please contact BIO to speak to an international student adviser as soon as possible so that we can advise you on next steps.

Additional STEM OPT Extension Documents

In some special STEM OPT Extension cases, you may need to submit additional documentation to USCIS with your STEM application. Review below to see if you will require additional documentation.

Concurrent H-1B & STEM Application Letters

There are two ways to apply for H1B: via change of status and via consular processing. When an employer files an H1-B I-129 petition via Change of Status application and at the same time an STEM OPT application is concurrently filed with USCIS, this can sometimes cause complications in your SEVIS record. We have prepared supplementary letters for you to add to your STEM application and help USCIS avoid these complications.

You need to answer 4 questions:

  1. Has your employer already filed an H1-B I-129 petition for you with USCIS? ASK YOUR EMPLOYER DIRECTLY!
  2. If YES- Was the H1-B I-129 filed as Change of Status or Consular Processing? ASK YOUR EMPLOYER DIRECTLY!
  3. Is there a Cap Gap Extension on page 2 of your STEM I-20? (See below)
  4. Does your OPT EAD card expire before 9/30?

You DO NOT need to include any additional letter in the following two cases:

CIP Code/Major Name Mismatch Letters

In some cases, your UC Berkeley Major Name on your transcript/diploma does not match the CIP Code name listed on page 1 of your I-20. BIO recommends that students in these “CIP Code/Major Name Mismatch” programs submit a letter of explanation with the STEM application to avoid any confusion by USCIS. If you are in one of the following programs or majors, please print the letter for your program and include it with your STEM application to USCIS.

STAGE 3: AFTER APPLYING FOR THE STEM OPT EXTENSION

After you apply for STEM OPT, you will wait for USCIS approval. During your STEM OPT period, you will have new F-1 rules regarding employment and unemployment, reporting personal and employment information to BIO and SEVIS, as well as options when you come to the end of your F-1 24-month Month STEM OPT period.

Waiting for Your OPT STEM EAD Card

It can take months for USCIS to process your OPT application, although a Premium Processing option is available for a very high price. Check USCIS’s current OPT and STEM OPT processing times to see the current timelines. (Over the years, BIO has observed processing times ranging from 1-5 months, with most processed within 90 days.)

Checking your STEM OPT application status

If you E-FILE, you will be able to track your Case Status via your online USCIS account.

Note that your application will most likely stay in received status for the entirety of the processing time until it is approved. Check USCIS’s current OPT and STEM OPT processing times. Select Form: “I-765”Form Category: “Based on a request by a qualified F-1 academic student [(c)(3)]” Service Center: “Potomac Service Center”. (Over the years, BIO has observed processing times ranging from 1-5 months, with most processed within 90 days.)

What to Expect

The first week: E-FILE: You should receive your receipt notice online through your USCIS account. If there are any errors in the receipt notice in your name, address, or application type, contact a BIO adviser.

Within 30-45 days: You will also receive an I-797c receipt notice at your mailing address confirming the date of receipt and your receipt number. Keep this notice safe as it is your official proof that your OPT application was submitted. You may need it for travel or other purposes.

Around 1-3 months: You should receive an I-797 Notice of Approval letter and EAD card at your mailing address. (If E-FILING you will also receive the notice in your USCIS account.) These can come separately or at the same time. Check your EAD card to make sure all information is correct and upload it to BIO's SSU Hub. Be sure to update your employer with your new EAD card! If there are any errors on the EAD, contact a BIO adviser. Check USCIS’s current OPT and STEM OPT processing times. Select Form: “I-765”Form Category: “Based on a request by a qualified F-1 academic student [(c)(3)]” Service Center: “Potomac Service Center”. (Over the years, BIO has observed processing times ranging from 1-5 months, with most processed within 90 days.)

2 Weeks after receiving EAD card: if you requested a new Social Security card, you should receive your Social Security Card in the mail.

Making changes to your I-765 STEM OPT application after submission to USCIS

Generally, after your STEM OPT application is submitted to USCIS, you cannot change any of the information except for your mailing address. Click here for information about making changes to your STEM OPT Extension application, including withdrawing your application.

Can I work while waiting for my STEM OPT EAD?

As long as you have submitted a timely filed STEM application to USCIS, you can continue working for up to 180 days after the expiration of your original OPT EAD while you wait for the STEM EAD approval. You may need to provide your employer with a copy of your I-765 receipt notice as evidence that the application is still pending. If your employer has questions, you can direct them to the USCIS I-9 page for “Foreign Academic Students”.

What if my STEM OPT EAD is still pending more than 180 days after my 12 Month OPT EAD expires?

You would need to stop working immediately. Contact BIO if you are nearing your limit, and we can try to contact USCIS about your case.

Travel while STEM OPT is pending

Travel during the STEM OPT application process is allowed, but not always recommended as it poses certain risks. See our OPT Travel page for information on these risks as well as to learn about other requirements for travel while STEM OPT is pending.

Problems with my STEM OPT Application

There are several types of problems that may occur during your OPT application:

See Issues with OPT Application for further information and instructions. Please contact your BIO Advisor if you are experiencing issues.

Employment & Unemployment on OPT

During the period of OPT authorization, a student should be working or actively seeking employment. There are limits to what jobs count as employment and to the number of days you may remain unemployed.

When can I start working?

As long as you have submitted a timely filed STEM application to USCIS, you can continue working for up to 180 days after the expiration of your original OPT EAD while you wait for the STEM EAD approval.

What kind of jobs can qualify for the STEM OPT Extension?

Can I be employed by a Temp or Staffing Agency, or via a 3rd Party Worksite under the STEM OPT Extension?