Visa-Faq.com

what is stem visa

by Arno Gibson MD Published 2 years ago Updated 2 years ago
image

A STEM visa category will make more visa numbers available to specific highly trained foreign nationals, thereby making it easier to immigrate, but it will not entirely do away with labor certification or employment requirements of other similar categories.

The STEM OPT allows those with a science, technology, engineering and/or math degree to extend their stay in the U.S. for up to 24 months after the student's initial post-degree-completion OPT, which is for 12 months.Oct 3, 2019

Full Answer

What is stem visa for USA?

STEM Visa. Science, Technology, Engineering and Mathematics are the STEM disciplines. Many foreign students study in the United States and obtain advanced degrees in the so called STEM fields and most of these graduates are highly skilled and the United States is in short of such skills.

Can I get a stem visa with a biomedical degree?

These employers while applying for labor certification, must submit job orders to the state workforce agencies and this must be done in order to protect the American students who hold STEM degrees. However, foreign students with degrees in biomedical and biological fields would not become eligible for STEM visas.

What is the stem designated degree program list?

DHS's STEM Designated Degree Program List includes all STEM fields qualifying an F-1 student for a STEM OPT extension.

Can I apply for STEM OPT with a non STEM degree?

Previously obtained STEM degrees: If you are an F-1 student participating in a 12-month period of post-completion OPT based on a non-STEM degree, you may be eligible to use a previous STEM degree from a U.S. institution of higher education to apply for a STEM OPT extension.

image

What is STEM visa in USA?

Eligibility for the STEM OPT Extension Have earned a bachelor's, master's, or doctoral degree from a school that is accredited by a U.S. Department of Education-recognized accrediting agency and is certified by the Student and Exchange Visitor Program (SEVP) at the time you submit your STEM OPT extension application.

Is STEM OPT 2 or 3 years?

Effective immediately, the US's Optional Practical Training programme (OPT) is expanding to allow more international students – in more STEM-related fields of study – to remain in the country for three years after graduation.

What is STEM visa extension?

STEM OPT visa extensions offer an additional 24 months to your stay, giving a total of 36 months validity. Again, this must be used in a continuous block after graduation, though it's possible to split it when using time on your pre-completion OPT. Unfortunately, there is no OPT extension for non-STEM students.

What counts as STEM OPT?

To qualify for the STEM OPT extension, an F-1 student must hold a bachelor's degree or a higher degree in an eligible STEM field from an SEVP-certified school that is accredited (by an accrediting agency recognized by the U.S. Department of Education) at the time the student submits their STEM OPT extension application ...

How long can I stay in US after STEM OPT expires?

sixty calendar daysOptions after the Completion of the STEM OPT Extension benefit. When you have completed your STEM OPT, you are permitted to remain in the United States for up to sixty calendar days from the end date of your STEM OPT period in order to prepare for departure.

Can you work 2 jobs on STEM OPT?

You may work for more than one employer on STEM OPT, but each employment occurrence must be related to your stem STEM field of study, and must be for at least 20 hours per week. Each separate STEM OPT employer must provide an I-983 Training Plan.

Who are STEM students?

STEM stands for Science, Technology Engineering, and Mathematics. But it's more than that. STEM has grown to represent a unique approach to teaching and learning, one that centers around individual students' learning styles and interests. This means STEM education has something to offer every student.

How long is STEM extension?

24-monthThe STEM OPT extension is a 24-month period of temporary training that directly relates to an F-1 student's program of study in an approved STEM field.

How long does STEM extension take?

about 90-120 daysProcessing times vary greatly, but you should expect USCIS to take about 90-120 days to approve your STEM OPT Extension application.

Can I apply for STEM OPT without a job?

Can I apply for OPT without a job? There is NO need for you to have a job offer before applying for OPT. As said earlier, OPT is not employer-specific. Note that while in the period of 12-month OPT, the maximum days of unemployment does not exceed 90 days.

How many years OPT after STEM Masters?

STEM Degrees Students in STEM fields are eligible for a 24 month OPT extension that can be used at either the Bachelors or Masters level. Crucially, this extension may be obtained even if your second Master's degree is not in a STEM field, as long your first Masters was.

Who qualifies for OPT?

Who is eligible for OPT?  To be eligible to apply for OPT, you must: (1) have been in full-time student status for at least one academic year by the requested start date of your OPT, (2) be maintaining valid F-1 status at the time of the application, and (3) have not used OPT at the same degree level previously.

How many years OPT after STEM Masters?

STEM Degrees Students in STEM fields are eligible for a 24 month OPT extension that can be used at either the Bachelors or Masters level. Crucially, this extension may be obtained even if your second Master's degree is not in a STEM field, as long your first Masters was.

How long is OPT extension STEM?

about 90-120 daysProcessing times vary greatly, but you should expect USCIS to take about 90-120 days to approve your STEM OPT Extension application.

How long is the OPT period?

12-monthOptional Practical Training (OPT) is 12-month work authorization available to F-1 international students who have been full-time students for at least two consecutive semesters and plan to seek employment in the United States in their fields of study.

Can I work for more than 40 hours on OPT?

There is no maximum number of hours that can be worked while on STEM OPT, but because there is a minimum, it may be difficult to work for more than 2 employers. For example, if you work for two qualifying STEM OPT employers, at a minimum, you would need to be working 40 hours per week.

What is a site visit for STEM OPT?

As noted above, DHS, at its discretion, may conduct a site visit of any STEM OPT employer to ensure that the employer possesses and maintains the ability and resources to provide structured and guided work-based learning experiences consistent with the Form I-983. See 8 C.F.R. 214.2 (f) (10) (ii) (C) (11). Consistent with this provision, during a site visit, DHS may verify that the employer that signs the Form I-983 is the same entity that provides the practical training experience to the student and ensure compliance. For ICE to effectively conduct these site visits as part of its oversight responsibilities, it is important that employers report any change in a student’s employment address. As indicated above, the employer and student must report such a material change by submitting a modified Form I-983 to the DSO at the earliest available opportunity.

What form do employers need to complete for STEM OPT?

As part of the STEM OPT extension, employers must complete the appropriate parts of Form I-983, Training Plan for STEM OPT Students. In this form, employers attest that: They have enough resources and trained personnel available to appropriately train the student;

How to report material changes of STEM OPT student?

Report material changes of the STEM OPT student’s employment by submitting a modified Form I-983 to the DSO at the earliest available opportunity.

How long does it take for a STEM extension to expire?

If you file your STEM OPT extension application on time and your OPT period expires while your extension application is pending, we will automatically extend your employment authorization for 180 days. This automatic 180-day extension ceases once USCIS adjudicates your STEM OPT extension application.

When will USCIS extend the I-765?

ALERT: On Feb. 26, 2021, USCIS extended flexibilities to certain foreign students affected by delayed receipt notices for Form I-765, Application for Employment Authorization. These flexibilities apply only to applications received on or after Oct. 1, 2020, through May 1, 2021, inclusive. Read more here: USCIS Extends Flexibilities to Certain Applicants Filing Form I-765 for OPT .

What degree do you need to get into STEM OPT?

Have earned a bachelor’s, master’s, or doctoral degree from a school that is accredited by a U.S. Department of Education-recognized accrediting agency and is certified by the Student and Exchange Visitor Program (SEVP) at the time you submit your STEM OPT extension application.

Can an employer be an employer for STEM students?

To establish a bona fide relationship, the employer may not be the student’s “employer” in name only, nor may the student work for the employer on a “volu nteer” basis.

How do I know if a student’s degree makes them eligible for a STEM OPT extension?

If a student wants to participate in a STEM OPT extension, they must have received a qualifying STEM degree from a school that was both accredited and Student and Exchange Visitor Program-certified at the time that they applied for a STEM OPT extension.

How long do you have to be a STEM OPT participant to receive Social Security?

STEM OPT participants generally are not subject to Social Security and Medicare contributions (FICA withholdings) until after the first five calendar years that they hold F-1 nonimmigrant status. As a participant in STEM OPT, you are not considered a resident for federal tax purposes as long as you comply with the requirements of your F-1 visa and have not already held F-1 status for parts of five calendar years.

Why did DHS implement a new STEM OPT extension rule?

The rule includes changes to the policies announced in the 2008 rule to increase the educational benefits provided by STEM OPT extensions and oversight of STEM OPT.

How do the changes to the STEM OPT rule benefit international students and schools?

The changes to the rule promote the ability of international students to gain valuable and practical STEM experience that supplements the knowledge gained through their academic studies, while guarding against harmful effects to U.S workers. By applying their academic knowledge in a STEM OPT extension, students will be in a better position to begin careers in their fields of study. The changes also help U.S. colleges and universities remain globally competitive in attracting international students to study and lawfully remain in the United States.

Do I have to create a new Training Plan for a student who begins a STEM OPT extension?

You may use an existing training program or policy to meet certain Training Plan requirements as long as the existing training program or policy aligns with the goals of the STEM OPT student’s continued learning and all other regulatory requirements. However, if using an existing Training Plan, it is important to ensure that it meets all applicable specifications and that it is customized for the individual STEM OPT participant’s qualifying degree and goals and objectives for learning.

What types of changes to my STEM OPT student’s Training Plan am I required to report to their DSO?

You are only required to report material changes to your student’s DSO. Material changes include significant changes, such as any change to your Employer Identification Number resulting from a corporate restructuring, a reduction in compensation that is not due to a reduction in hours worked or a significant reduction in hours per week that a STEM OPT student will be engaging in the practical training, including a decrease below 20 hours per week.

Is a STEM OPT extension a way to avoid the requirements of an H-1B visa?

No. Unlike the H-1B nonimmigrant classification, where an employer submits a petition for a nonimmigrant worker to temporarily perform services in a specialty occupation, STEM OPT offers certain F-1 students an opportunity to further the knowledge that they received during U.S. coursework. A student chooses to participate in STEM OPT as a way to complement their academic experience in the United States and pursuant to an individualized Training Plan that helps ensure that the STEM OPT experience furthers the student’s course of study.

What is a training plan for a STEM degree?

The training plan will include the tasks and assignment the student will be responsible for during the employment, timelines, specific skills needed and how they relate to their STEM degree, and how the employer will provide oversight and supervision. Students may not work for more than one employer but can change employers provided they inform DHS ...

How long is the OPT extension for STEM students?

In March 2016, the Department of Homeland Security published a final rule changing the OPT extension for STEM students from 17 months to 24 months. In essence, the new 24 months extension rule will be replacing the 17 month extension rule indefinitely.

What degree do you need to be a STEM OPT?

Earned a doctorate, bachelors or Masters degree from an accredited university AND one that is certified by Student and Exchange Visitor Program (SEVP). Work for an employer who meets the STEM OPT employer responsibility guidelines - this includes having the employer be registered with E-Verify.

How long can I stay in the US with an F-1 visa?

For STEM students this added time has enormous benefits. Students on an F-1 visa and who are studying in the STEM areas of study can now potentially stay and legally work in the U.S.A for three years following graduation. This amount of time can prove crucial for students seeking more work experience or students seeking a more permanent status in the U.S.A. According to the Department of Homeland Security, in order to qualify for the 24 month extension, F-1 students need the following: 1 Have been granted OPT or currently enrolled in an OPT program - they can’t give you an extension without having OPT in the first place. Once you complete your first year doing OPT you can apply for the extension. 2 Earned a doctorate, bachelors or Masters degree from an accredited university AND one that is certified by Student and Exchange Visitor Program (SEVP). 3 Work for an employer who meets the STEM OPT employer responsibility guidelines - this includes having the employer be registered with E-Verify. 4 Submit the Form I-765, Application for Employment Authorization up to 90 days before your current OPT employment authorization expires, and within 60 days of the date your DSO inputs his approval of OPT into your Student and Exchange Visitor Information System (SEVIS) record. 5 Plan to work a minimum of 20 hours per week with designated employer. 6 Submit form I-983

Why do we need to keep foreigners in STEM?

With a perceived inadequate amount of STEM (Science, Technology, Engineering and Math) workers in the United States, American politicians have realized the need to keep foreign nationals who receive an advanced degree in a STEM field from a US institution of higher education in the country to benefit from their training and experience.

Why did the STEM Act not pass?

Part of the reason Representative Lamar Smith of Texas’ STEM Act did not pass last year was -among other things- the desire to pass overarching reform instead of piecemeal reform.

What is a STEM field?

DHS determined a “STEM field” is a field included in the U.S. Department of Education's Classification of Instructional Program (CIP) taxonomy within the two-digit series containing engineering (CIP code 14), biological sciences (CIP code 26), mathematics (CIP code 27) and physical sciences (CIP code 40), or a related field.

What is related field in STEM?

The “related field” language in the STEM definition means that DHS may consider a degree to be in a STEM field even if it is not within the CIP two-digit series for the four identified core areas. DHS is authorized to designate CIP codes meeting the definition at the two, four or six-digit level.

How to pursue STEM OPT extension?

Pursue their STEM OPT extension through an employer that is enrolled in USCIS's E-Verify employment eligibility verification program.

How long can you be on unemployment with a STEM OPT?

DHS allows STEM OPT students an additional 60 days of unemployment during the 24-month STEM OPT extension period. This is in addition to the 90-day maximum period of unemployment that students are allowed during the initial period of post-completion OPT. Students who obtain a 24-month STEM OPT extension are therefore allowed a maximum ...

How long does it take to get an extension for a STEM degree?

Eligible F-1 students with STEM degrees who finish their program of study and participate in an initial period of regular post-completion OPT (often for 12 months) have the option to apply for a STEM OPT extension. Students may not apply for STEM OPT extensions during the 60-day grace period following an initial period of regular post-completion OPT.

How many days can you get unemployment with a STEM extension?

Students who obtain a 24-month STEM OPT extension are therefore allowed a maximum of 150 days of unemployment. If a student completes one period of OPT (including a STEM OPT extension), and then pursues a second period of OPT on the basis of having earned a second degree at a higher educational level, the student will be able to benefit from ...

Can an F-1 student get an extension for STEM?

Entrepreneurship and Employer-Employee Relationships. F-1 students cannot qualify for STEM OPT extensions unless they will be bona fide employees of the employer signing the Form I-983 because F-1 students may not provide employer attestations on their own behalf.

What is STEM OPT?

STEM OPT refers to the 24-month extension of post-completion optional practical training (OPT). Designated school official (DSO) refers to both the principal designated school official (PDSO) and DSO, unless otherwise noted. Students who majored in an eligible Science, Technology, Engineering or Math (STEM) field may qualify for a one-time, ...

How long after the end date for STEM OPT?

The requested end date for this segment of OPT is 24 months after the requested start date. DSOs cannot change these dates.

How long does it take to change your employer on STEM OPT?

Students must report any changes to the DSO in the student’s legal name, address, employer, or employment status within 10 days of the change. Students on STEM OPT can also use the SEVP Portal to change personal contact information and existing employer information. However, they must submit any new employer information to their DSO on the Form I-983.

What if SEVIS does not reflect applications filed with or decisions made by USCIS?

If OPT information in SEVIS does not reflect applications filed with or decisions made by USCIS, DSOs can ask to have the record corrected. There are two ways to correct data in a student record.

Is a STEM degree SEVIS certified?

Qualifying STEM degree was earned within the ten previous years of the date the DSO recommends the STEM OPT extension. School where the student earned the STEM degree is currently: SEVIS-certified. Accredited by a U.S. Department of Education accrediting organization.

Do I need to submit a form I-983 for SEVIS?

Students must submit a completed Form I-983 Training Plan for STEM OPT Students to the DSO before the DSO can recommend the STEM OPT extension in SEVIS. Students must submit a new Form I-983 for every new employment/training experience they accept during their STEM OPT extension.

Can DSOs access OPT?

DSOs can only access the Report OPT Employment function during the three separate reporting windows . (See Deadlines for Validation Reports and Self-Evaluation.)

What is the form I-765?

Properly file Form I-765, Application for Employment Authorization with USCIS, accompanied by the required fee and the supporting documentation as described in the form instructions.

When can I file Form I-765?

1, 2020, through Oct. 31, 2021, inclusive. Applicants can file Form I-765 up to 120 days before the program end date if the application is received by Oct. 31, 2021. Read more here: USCIS Extends Flexibilities to Certain Applicants Filing Form I-765 for OPT.

Does USCIS terminate F-1?

SEVP will inform USCIS of the termination date, and USCIS will terminate your EAD accordingly. Although your authorization to engage in optional practical training will end, as long as you comply with all requirements for maintaining your student status, your F-1 status will not be affected by USCIS terminating your EAD.

image
A B C D E F G H I J K L M N O P Q R S T U V W X Y Z 1 2 3 4 5 6 7 8 9